Knowsis ("Knowsis", "us" "we") provides message streams and communication services for individuals, businesses, and organizations (the "Services") through our website accessible at insights.knows.is (the "Site"), the social insights software or mobile application (the Site and such applications, software and Services referred to herein, as the "Social Insights Platform").
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SOCIAL INSIGHTS PLATFORM OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SOCIAL INSIGHTS PLATFORM OR CONTENT.
If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Knowsis reserves the right, at its sole discretion, to modify, discontinue or terminate the Social Insights Platform or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service and/or the home page of the Site. By continuing to access or use the Social Insights Platform after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Social Insights Platform.
The Social Insights Platform is intended solely for persons who are 18 or older. Any access to or use of the Social Insights Platform by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
In order to access certain features of the Social Insights Platform, you must register to create an account ("Account") and become a "Member." To become a Member you must be at least 18 years old. Any registration by anyone under 18 is void. By completing the registration process to create an Account, you represent and warrant that you are 18 or older. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Knowsis reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions. You will immediately notify Knowsis of any unauthorised use of your Account.
The copyright in the material contained in the Social Insights Platform, Content together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to Knowsis, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing. Content License
(a) Subject to your compliance with these Terms of Service, Knowsis grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view Content solely to use the Social Insights Platform for your personal, internal business and non-commercial purposes.
(b) Subject to your compliance with these Terms of Service, Knowsis grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any User Content solely for your personal and non-commercial purposes. Without limiting your rights to your own User Content (as defined in the following paragraph), you will not use, copy, record, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Social Insights Platform, Content or User Content, except as expressly permitted in these Terms of Service.
(c) No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Knowsis or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
(a) Members may post, publish, upload, display, submit or transmit text, words, documents, graphics, images, information or other materials to be made available through the Social Insights Platform ("User Content"). By making available any User Content through Social Insights Platform, you hereby grant to Knowsis a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means Social Insights Platform, and third party websites. Knowsis does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content. You irrevocably waive all moral rights in relation to any User Content.
(b) You acknowledge and agree that you are solely responsible for all User Content that you make available through the Social Insights Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Social Insights Platform or you have all rights, licenses, consents and releases that are necessary to grant to Knowsis the rights in such User Content, as contemplated under these Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication or submission of the User Content or Knowsis’ use of the User Content (or any portion thereof) on, through or by means of the Social Insights Platform, or third party websites will infringe, misappropriate or breach a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, nor will it be untrue, defamatory obscene or abusive.
(c)You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Social Insights Platform is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Social Insights Platform or any other technology. (d) We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Social Insights Platform that we consider to constitute a misuse of the Social Insights Platform or which is otherwise harmful to other users of the Social Insights Platform.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Social Insights Platform ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org or through the "Suggestions/Feedback" section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Knowsis and you hereby irrevocably assign to Knowsis and agree to irrevocably assign to Knowsis all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Knowsis’ request and expense, you will execute documents and take such further acts as Knowsis may reasonably request to assist Knowsis to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You agree not to do any of the following:
Knowsis has the right to investigate and prosecute breaches of any of the above to the fullest extent of the law. Knowsis may involve and cooperate with law enforcement authorities in prosecuting users who breach these Terms of Service. You acknowledge that Knowsis has no obligation to monitor your access to or use of the Social Insights Platform or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Social Insights Platform, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Knowsis reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content that Knowsis, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Social Insights Platform.
Knowsis respects copyright law and expects its users to do the same. Knowsis has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Social Insights Platform may contain links to third-party websites or resources. You acknowledge and agree that Knowsis is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Knowsis of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you breach any of these Terms of Service, Knowsis will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Knowsis reserves the right to revoke your access to and use of the Social Insights Platform and Content at any time, with or without cause. In the event Knowsis terminates these Terms of Service for your breach, you will remain liable for all amounts due hereunder, to the extent that there are amounts outstanding and payable to Knowsis. You may cancel your Account at any time by sending an email to email@example.com.
(A) THE SOCIAL INSIGHTS PLATFORM CONTENT AND USER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
(B) EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, ALL CONDITIONS, WARRANTIES OR OTHER TERMS WHICH MIGHT HAVE EFFECT BETWEEN THE PARTIES OR BE IMPLIED OR INCORPORATED INTO THESE TERMS OF SERVICE, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED CONDITIONS, WARRANTIES OR OTHER TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR THE USE OF REASONABLE SKILL AND CARE ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(C) KNOWSIS MAKES NO WARRANTY THAT THE SITE, SERVICES, CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
(D) KNOWSIS MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR USER CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
(E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KNOWSIS OR THROUGH THE SITE, SERVICES, CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(F) YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SOCIAL INSIGHTS PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SOCIAL INSIGHTS PLATFORM. YOU UNDERSTAND THAT KNOWSIS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SOCIAL INSIGHTS PLATFORM, NOR DOES KNOWSIS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SOCIAL INSIGHTS PLATFORM. KNOWSIS RECOMMENDS THAT YOU DO NOT DISCLOSE PERSONAL CONTACT INFORMATION TO OTHER USERS OR MEMBERS. KNOWSIS DOES NOT RECOMMEND OR ENCOURAGE MEMBERS TO USE THE SOCIAL INSIGHTS PLATFORMTO SOLICIT OTHER MEMBERS TO MEET WITH THEM IN PERSON. KNOWSIS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SOCIAL INSIGHTS PLATFORM.
You agree to defend, indemnify, and hold Knowsis, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Content and your access to or use of the Social Insights Platform or Content, or your breach of these Terms of Service.
(A) YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SOCIAL INSIGHTS PLATFORMAND CONTENT, INCLUDING USER CONTENT MADE AVAILABLE BY OTHER MEMBERS, REMAINS WITH YOU.
(B) NOTHING IN THESE TERMS OF SERVICE SHALL EXCLUDE OR LIMIT THE LIABILITY OF KNOWSIS, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SOCIAL INSIGHTS PLATFORM OR CONTENT (TOGETHER THE "KNOWSIS PARTIES") FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE. YOU ACKNOWLEDGE THAT THE KNOWSIS PARTIES SHALL NOT BE HELD LIABLE IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY FOR: (I) ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS (DIRECT OR INDIRECT), CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); (II) ANY LOSS OF GOODWILL OR REPUTATION; (III) LOSS OF DATA OR SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR (IV) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS, IN ANY CASE IN RESPECT OF PARAGRAPHS (I) TO (IV), WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF ANY PARTY AT THE DATE OF THIS AGREEMENT OR SUFFERED OR INCURRED BY YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE.
(C) NOTWITHSTANDING THE TERMS OF PARAGRAPH (B) ABOVE, IN NO EVENT WILL AGGREGATE LIABILITY OF THE KNOWSIS PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SOCIAL INSIGHTS PLATFORM OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO KNOWSIS FOR USE OF THE SOCIAL INSIGHTS PLATFORM OR CONTENT IN THE PREVIOUS 12 MONTHS, IF YOU ARE REGISTERED FOR PAID ACCOUNT, OR £50, IF YOU ARE REGISTERED FOR A TRIAL ACCOUNT, AS APPLICABLE.
(D) THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KNOWSIS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All trademarks, service marks, logos, trade names and any other proprietary designations of Knowsis used herein are trademarks or trademarks of Knowsis. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or trademarks of their respective parties.
These Terms of Service shall be governed by and construed in accordance with English law and any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
These Terms of Service constitute the entire and exclusive understanding and agreement between Knowsis and you regarding the Social Insights Platform, Content and User Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Knowsis and you regarding the Social Insights Platform, Content and User Content.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Knowsis’ prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Knowsis may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (i) by Knowsis via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Knowsis to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Knowsis. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect. Without prejudice to any other rights or remedies that Knowsis may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms of Service by you. Accordingly, Knowsis shall be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms of Service.
If you have any questions about these Terms of Service, please contact Knowsis at firstname.lastname@example.org.
Knowsis Limited is a company registered in England and Wales with company number 07910980 and registered office address 36 Lexington Street, London, England, W1F 0LJ.