TERMS OF SERVICE
Effective as of September 2012
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” the “Authorized User”) AND Knowledge Nation. BY DOWNLOADING, ACCESSING, OR USING ANY PART OF THE KNEOWORLD PLATFORM (AS MADE AVAILABLE FROM THE KNEOWORLD WEBSITE FOUND AT www.kneoworld.com (the “Knowledge Nation Website”), YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the or this “TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THE KNEOWORLD PLATFORM AND ANY RELATED GAMES, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE KNEOWORLD PLATFORM OR PROVIDED BY KNOWLEDGE NATION IN CONNECTION WITH THE KNEOWORLD WEBSITE (collectively, for purposes of this TOS, the or this “KNeoWORLD Platform”). KNOWLEDGE NATION IS WILLING TO LICENSE THE USE OF THE KNEOWORLD PLATFORM TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE KNEOWORLD PLATFORM AND ARE INSTRUCTED TO EXIT THE KNEOWORLD PLATFORM IMMEDIATELY AND CEASE ALL USE OF ANY RELATED GAMES, MATERIALS, OR INFORMATION.
TERMS AND CONDITIONS
1. LICENSE GRANT. The KNeoWORLD Platform is provided by Knowledge Nation, and this TOS provides to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the KNeoWORLD Platform conditioned on your continued compliance with the terms and conditions of this TOS. This TOS permits You to use and access for personal and non-commercial purposes only the KNeoWORLD Platform and any games available therefrom, which shall be in the form of compiles, executable code, (i) on a single laptop, workstation, mobile device, or computer and (ii) from the Internet or through an on-line network (so long as such access occurs through a single laptop, workstation, mobile device, or computer). You may also load a single copy of any downloaded information or materials (including any game or KNeoPACK) from the KNeoWORLD Platform into your laptop’s, workstation’s, mobile device’s, or computer’s temporary memory (RAM) and print and download materials and information from the KNeoWORLD Platform solely for your personal and non-commercial use, provided that all hard copies contain all legends, notices, and identification markers associated with authenticating documents or identifying proprietary rights. If You are using the KNeoWORLD Platform or agreeing to this TOS on behalf of your child under the age of 18, please note that agreement by You to this TOS will constitute agreement by You on behalf of yourself and your child. Notwithstanding the foregoing, your and your child’s use of the KNeoWORLD Platform will also be subject to the terms and conditions of this TOS.
2. RESTRICTIONS. You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any legends, notices, or markers, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the KNeoWORLD Platform. Moreover, You may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the KNeoWORLD Platform or in any way reproduce or circumvent the navigational structure or presentation of the KneoWorld Platform to obtain or attempt to obtain any games, materials, documents, or information through any means not purposely made available through the KNeoWORLD Platform, (ii) attempt to gain unauthorized access to any portion or feature of the KNeoWORLD Platform, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the KNeoWORLD Platform or to any Knowledge Nation server or to any of the services offered on or through the KNeoWORLD Platform, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the KNeoWORLD Platform or any network connected to the KNeoWORLD Platform, or breach the security or authentication measures on the KNeoWORLD Platform or any network connected to the KNeoWORLD Platform, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the KNeoWORLD Platform, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the KNeoWORLD Platform or Knowledge Nation’s systems or networks or any systems or networks connected to the KNeoWORLD Platform, (vi) use any device, software, or routine to interfere with the proper working of the KneoWorld Platform or any transaction conducted on the KNeoWORLD Platform, or with any other person’s or entity’s use of the KNeoWORLD Platform, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal You send to Knowledge Nation on or through the KneoWorld Platform, (viii) use the KNeoWORLD Platform to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, or otherwise permit third parties to access and use the KNeoWORLD Platform (or any part thereof) without Knowledge Nation express, separate, and prior written permission, or (x) use the KNeoWORLD Platform in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Knowledge Nation.
3. PAYMENT. Any request or order for a game shall require Knowledge Nation’s confirmation of acceptance and may also require additional verification or information from You before acceptance by Knowledge Nation. All prices are in US Dollars ($) without any set-offs or chargebacks and do not include applicable taxes, which may be added to the invoice. All applicable amounts owed shall become immediately due and payable by You upon Knowledge Nation’s acceptance and confirmation of the corresponding request or order. You shall be responsible for and shall pay all taxes, duties and levies of any kind imposed by any governmental entity with respect to the transactions contemplated under the Agreement, including interest and penalties thereon (exclusive of taxes on KnowledgeNation’s net income). Knowledge Nation may generally increase any fee in its sole commercial discretion after any designated initial license period. Certain restrictions on the availability of a refund may also apply to payment transactions for games that might not otherwise apply to physical goods. Refunds will not automatically be issued in every instance and are unavailable in all circumstances on account of dissatisfaction or incompatibility. Moreover, unless otherwise specified by KnowledgeNation in writing, no refund shall be available for any reason more than two months after the date of any purchase. KnowledgeNation utilizes third party payment processors, and You hereby agree that Knowledge Nation may charge your chosen payment method for the price of any game and for any applicable taxes. Unless otherwise indicated by Knowledge Nation in writing, all payments are immediately due and payable through the designated online payment systems, which are currently offered by AMAZON, GOOGLE and PAYPAL. You agree to pay all charges incurred by You in connection with any credit card, debit card, or other payment method utilized in connection with a payment transaction with Knowledge Nation. In the event of any chargeback or refund or if You exceed the scope of the license granted above, and in addition to any other rights or remedies available to Knowledge Nation, You shall continue or shall otherwise be obligated to pay the then-standard fees (as designated by Licensor) for the excessive use of the KNeoWORLD Platform. All past-due payments will accrue interest at a rate of 1.5% or the highest rate permissible by law, whichever is less, per month on the unpaid balance from the due date until paid in full. Knowledge Nation also reserves the right to terminate or suspend access to the KNeoWORLD Platform if You fail to pay any amounts when due. You shall reimburse Knowledge Nation for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts.
4. PRODUCT DELIVERY. As set forth in the Agreement, the KNeoWORLD Platform shall be accessible from the KNeoWORLD Website (located at www.kneoworld.com). Knowledge Nation reserves the right to make changes at any time to the KNeoWORLD Platform and at any time may request verification of any Authorized User’s access to the KNeoWORLD Platform in order to ensure compliance with this TOS. The obligation to provide any game or other materials to You shall be complete at the time when and place where You first receive the information necessary to commence the download of such game or other materials. You have the responsibility to ensure that any game or other materials are correctly and completely installed on your computer. Moreover, once a game or other materials is received, You have the sole responsibility to keep the game or other material from being misplaced, damaged, or destroyed. Although You acknowledge that You may require the ongoing involvement of Knowledge Nation in order to access online games and materials through the KNeoWORLD Website, the availability of any game or materials or any update, upgrade, or enhancement thereto shall be at Knowledge Nation’s sole discretion. Nothing herein automatically entitles You to future updates, upgrades, or enhancements or any other game or material for which You have not paid the applicable fee or otherwise downloaded in a manner authorized by Knowledge Nation. The KNeoWORLD Platform is not a part of any other product or service offering.
5. AUTHORIZED USER OBLIGATIONS. You represent and warrant to Knowledge Nation that (i) You are of the legal age of majority and are authorized and able to enter this Agreement and fulfill and perform the obligations and meet the conditions of a Authorized User as specified herein (including any payment obligations), and (ii) You have all rights and permission necessary to submit, display, or make available any materials or information submitted to the KNeoWORLD Platform and have obtained at your sole expense all necessary consents, rights, permissions, and clearances (and provided Knowledge Nation with reasonable proof thereof (if requested)) required for Knowledge Nation to use such materials or information in connection with the KNeoWORLD Platform. If You are under the age of 18, please review this TOS with your parent or guardian as only your parent or guardian is authorized to enter into this TOS on your behalf, although this TOS will apply to any Authorized User. By downloading, accessing, or using the KNeoWORLD Platform in order to play a game, view or access information or materials, or submit information or materials of any kind, You agree that You will not post or transmit any of the following: (a) anything, which interferes with or disrupts the KNeoWORLD Platform, (b) anything, which may damage, lessen, or harm the goodwill or reputation of Knowledge Nation and its products or services, (c) anything, which defames, harasses, threatens, offends, or in any way violates or infringes on the rights of others, (d) anything, which violates any law, (e) anything, which involves the impersonation of any other person or entity, (f) anything, which is inaccurate (including, without limitation, in connection with any payment transaction), off-topic, irrelevant, or inappropriate for the purposes of the KNeoWORLD Platform (or any part thereof), and (g) anything, which constitutes junk mail, spam, or unauthorized advertising. You also represent that You are able to assume all responsibility for your use, and the results of your use, of the KNeoWORLD Platform. You access and use the KNeoWORLD Platform on your own volition and are responsible for compliance with all applicable local laws with respect to your use. In particular, You shall not export the KneoWORLD Platform (or access thereto) without complying with such import/export laws, orders, restrictions, or regulations. Although Knowledge Nation encourages all Authorized Users to back up their data and files, You are responsible for the storage and maintenance of any data, game, or other materials on your computer or system. You also acknowledge and agree that use of the Internet and access to the KneoWorld Platform is solely at your own risk. While Knowledge Nation has endeavored to create a secure and reliable solution, You should understand that the confidentiality of any information or material transmitted or stored with the KneoWORLD Platform or to/from the KneoWorld Platform over the Internet or other form of global communication network cannot be guaranteed. You must make your own determination as to such issues. You also agree to assume all responsibility for obtaining and paying for all licenses and costs for third party software and hardware necessary for access to the KneoWORLD Platform. Use of certain games may require a compatible computer, internet access, and additional third party software and may also require patches, updates, and upgrades from time to time. You are responsible for being aware of any compatibility, system, or access requirements specified by KnowledgeNation.
6. OTHER TERMS AND CONDITIONS. You acknowledge and agree that You are responsible for compliance with any third party payment processor’s terms and conditions. You may also be required to abide by additional instructions from Knowledge Nation regarding the downloading or accessing of any game or material and may be required to establish an account with a third party payment service provider in order to complete a payment transaction. If there is a conflict between this TOS and such third party terms and conditions, this TOS shall control shall control.
7. ACCOUNT HANDLING POLICY. Registration as an Authorized User for access to certain areas of the KneoWORLD Platform may require both a user name and a password as well as access to a unique download page in order to use or download certain games and materials. Only one Authorized User can use one user name and password and, thus, one account or unique download page. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of your user name, password, or unique access page can gain entry to the KneoWORLD Platform and to your account. Accordingly, by using the KneoWORLD Platform, You agree to consider your user name, password, and unique access page as confidential information and to keep your user name, password, and access page confidential (and to not disclose to others). You also agree not to use another Authorized User’s user name, password or access page. You will immediately notify Knowledge Nation if You become aware of any loss or theft of your password or any unauthorized use of your user name, password, or access page. Knowledge Nation cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. With notice to You, KnowledgeNation reserves the right to delete or change a user name, password, or access page at any time and for any reason.
9. PROPRIETARY RIGHTS. This TOS provides only a limited license to use the KneoWORLD Platform. Except as expressly provided herein, Knowledge Nation does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, You expressly acknowledge and agree that Knowledge Nation transfers no ownership or intellectual property interest or title in and to the KneoWORLD Platform to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, games, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the KneoWORLD Platform, unless otherwise indicated, are owned, controlled, and licensed by Knowledge Nation (or its licensors, affiliates, or subsidiaries) and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Unless otherwise noted, the KneoWORLD Platform is Copyright © 2012 Knowledge Nation All rights reserved. Knowledge Nation (or its licensors, affiliates, or subsidiaries) also owns a copyright in the contents and look and feel of the KneoWORLD Platform as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content and look and feel of the KneoWORLD Platform. KNOWLEDGE NATION, KNEOWWORLD, the KNEO logo, the KNEOWORLD logo, and all other names, logos, and icons identifying Knowledge Nation and its programs, products, and services are proprietary trademarks of Knowledge Nation, and any use of such marks, including, without limitation, as domain names, without the express written permission of Knowledge Nation is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
10. FEEDBACK. Knowledge Nation welcomes your feedback and suggestions about Knowledge Nation’s products or services or with respect to how to improve the KneoWORLD Platform. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Knowledge Nation, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey to Knowledge Nation and enable Knowledge Nation to use such feedback. In addition, any feedback received through the KneoWORLD Platform will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Knowledge Nation to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information or content, and You hereby waive any claim to the contrary.
11. LINKS TO OTHER SITES. Knowledge Nation may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Knowledge Nation and are maintained by third parties over which Knowledge Nation exercises no control. Accordingly, Knowledge Nation expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
12. DISCLAIMER. THE KNEOWORLD PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SPECIFIED PRODUCT RELEASE DATES ARE ESTIMATES ONLY AND GAMES OR OTHER MATERIALS MAY BE DELAYED OR EVEN CANCELLED. KNOWLEDGE NATION MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE KNEOWORLD PLATFORM AT ANY TIME AND FOR ANY REASON. OTHER THAN HAVING THE RIGHT TO FULFILL ITS OBLIGATIONS UNDER THIS TOS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KNEOWORLD PLATFORM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF INTERFERENCE WITH ENJOYMENT OF INFORMATION, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, YOU ACKNOWLEDGE AND AGREE THAT KNEOWORLD PLATFORM DOES NOT WARRANT THAT THE KNEOWORLD PLATFORM WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED MANNER. YOU ACKNOWLEDGE THAT TECHNICAL PROBLEMS MAY DELAY, INTERUPT, OR PREVENT THE DOWNLOAD OR ACTIVIATION OF YOUR GAME OR OTHER MATERIAL. YOUR EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO ANY GAME OR OTHER MATERIALS THAT IS NOT DOWNLOADABLE OR ABLE TO BE ACTIVATED WITHIN A REASONABLE PERIOD OF TIEM WILL EITHER BE REPALCEMNT OF SUCH GAME OR MATERIALS OR REFUND OF THE PRCE PAID AS DETERMINED BY KNOWLEDGENATION IN ITS SOLE DISCRETION. IF THIS DISCLAIMER OF WARRANTY IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION IN ANY MANNER, THEN ALL EXPRESS AND/OR IMPLIED WARRANTIES MANDATED BY SUCH COURT SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE COMMENCEMENT OF THE INITIAL LICENSE PERIOD FOR THE KNEOWORLD PLATFORM AND NO WARRANTIES SHALL APPLY AFTER THIS 30-DAY PERIOD.
13. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT KNOWLEDGENATION SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CLAIM, DAMAGE, OR LOSS RESULTING FROM A CAUSE BEYOND KNOWLEDGE NATION’S CONTROL, INCLUDING, BUT NOT LIMITED TO, CONTRACTUAL RELATIONSHIPS WITH THIRD PARTIES, STORAGE OF DATA ON YOUR COMPUTER OR SYSTEM, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. KNOWLEDGE NATION ALSO ASSUMES NO RESPONSIBILITY FOR YOUR FAILURE TO COMPLY WITH ANY APPLICABLE LAW OR REGULATION OR FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT OR INFORMATION. YOU ALSO ACKNOWLEDGE AND AGREE THAT KNOWLEDGE NATION WILL NOT BE LIABLE TO YOU, OR ANYONE CLAIMING UNDER OR THROUGH YOU, FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF BUSINESS, PROFITS, OR INFORMATION), REGARDLESS OF WHETHER KNOWLEDGE NATION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF KNOWLEDGE NATION FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT SHALL NOT EXCEED THAT AMOUNT PAID TO KNOWLEDGE NATION UNDER THE AGREEMENT WITHIN THE PRIOR TWELVE MONTHS OF THE DATE ON WHICH SUCH CLAIM IS MADE.
14. INDEMNITY. You agree to defend, indemnify, and hold harmless Knowledge Nation and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by You of this TOS.
15. GOVERNING LAW. This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of California, U.S.A. as applied to agreements entered into and completely performed in the State of California. You and Knowledge Nation each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the federal or state courts in the State of California for any disputes between us under or arising out of this TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim You might have against Knowledge Nation must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed. Knowledge Nation makes no representation that the KneoWorld Platform is appropriate or available for use in other locations, and access to the KneoWORLD Platform from territories or nations where any aspect of the KneoWORLD Platform is illegal is prohibited. You access the KneoWORLD Platform on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the KneoWORLD Platform.
16. ENFORCING SECURITY ON THE SITE. Knowledge Nation reserves the right to view, monitor, and record activity on the KneoWORLD Platform without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the KneoWORLD Platform. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the KneoWORLD Platform as well as to disclosures required by or under applicable law or related government agency actions. Knowledge Nation will also comply with all court orders involving requests for such information. In addition to the foregoing, Knowledge Nation reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the KneoWORLD Platform, or any portion of the KneoWORLD Platform, in order to protect the KneoWORLD Platform, Knowledge Nation, or Knowledge Nation’s business. In such event, Knowledge Nation shall be relieved of its obligations under the Agreement during the period of suspension and shall not be found to be in breach of the Agreement for such relief.
17. TERM AND TERMINATION. This TOS and your right to use the KneoWORLD Platform will take effect at the moment You click “I ACCEPT” or You install, access, or use the KneoWORLD Platform and is effective until terminated as set forth below or until expired or terminated as set forth in the Pricing & Order Form with Knowledge Nation. This TOS will terminate automatically if You click “I REJECT”. In addition, this TOS will also terminate automatically if You fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the KneoWORLD Platform, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, You must destroy all copies of any aspect of the KneoWORLD Platform in your possession. In addition to the “Miscellaneous” provision, the provisions concerning restrictions, your payment obligations (for amounts that accrued prior to the date of termination), Knowledge Nation’s proprietary rights, feedback, disclaimer of warranty, enforcing security, indemnity, and limitation of liability will survive the termination of this TOS for any reason.