The Websites are controlled, operated, and administered by Kanopy from its offices within the United States of America. If you access any Website from a location outside of the United States, you are responsible for compliance with all laws of that country.
These Terms apply to all users of the Websites. These Terms apply to all content and works of authorship, visual interfaces, interactive features, information, graphics, design, compilations, photographs, computer codes, API’s, products, software, photographs, services, audio/visual elements, creations, motion pictures, musical compositions, sound recordings, proprietary materials, intellectual property, and all other elements of and materials incorporated in, appearing on, or published on the Websites, trademarks, trade secrets, patents, other intellectual property and/or proprietary material, and all rights therein, of any kind and nature, in any and all media now known or hereafter devised (collectively, “Material”).
Modification of Terms
Kanopy may, in its sole discretion, modify, supplement, or revise these Terms at any time. Unless a change is made for legal or administrative reasons, Kanopy will provide reasonable notice before the updated Terms become effective. You agree Kanopy may notify you of the updated Terms by posting them on the Websites, and that your use of the Websites after the effective date of the updated Terms (or engaging in such other conduct as Kanopy may reasonably specify) constitutes your agreement to the updated Terms. Therefore, you should review these Terms before using the Websites. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms, and will apply to your use of the Websites from that point forward.
Some features of the Websites are currently available as a free service; however, Kanopy reserves the right to, at any time, begin charging for use of any or all parts of the Websites. Kanopy also reserves the right to discontinue any part of the Websites at any time, as well as the right to reclaim user names that have become inactive or to reclaim them on behalf of businesses or individuals that hold legal claim or trademark on those user names.
You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other Kanopy users. Kanopy prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide or provided to Kanopy upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.
You are solely responsible for the activity that occurs on your account, and must keep your account password secure and protected from unauthorized use. You must notify Kanopy immediately of any breach of security or unauthorized use of your account. Although Kanopy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kanopy or others due to such unauthorized use.
Kanopy will not be responsible for any unauthorized access to, or alteration of, your transmissions of data or any material, information, or data sent to or received from your account, regardless of whether the data is actually received by Kanopy.
Kanopy offers services that are available via a mobile device or app, including the ability to: (1) upload User Submissions to the Websites via a mobile device; (2) browse the Websites from a mobile device; and (3) access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”).
To the extent you access the Websites through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier. Not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to Kanopy.
Proprietary Rights in the Websites
You acknowledge and agree that the Websites and all Material owned by Kanopy, other than User Submissions, constitute the proprietary and valuable property of Kanopy All copyright, patents, trademark, trade secrets, or other intellectual property and/or proprietary rights (collectively, “IP Rights”) in the Website and Material constitutes the sole and exclusive property of Kanopy, or its licensees. Any use of the Websites, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by Kanopy.
Some characters, logos, or other images incorporated by Kanopy on the Websites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Kanopy (as applicable) or others (collectively, “Trademarks”). You agree not to use any Kanopy Trademarks without Kanopy’s written consent.
The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed via the Websites (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Kanopy. Except as expressly provided in these Terms, or in terms provided by the owner of a Third Party Mark, nothing in these Terms or on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Kanopy Trademarks or Third Party Marks that are used or displayed on the Websites, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of Kanopy Trademarks will inure to the exclusive benefit of Kanopy.
Your Use of Material
Your right to use Kanopy Websites, as well as any Material or other content appearing on it, is subject to your compliance with these Terms. All Material is provided to you as is. Modification or use of the Material or other content on Kanopy Websites for any purpose not permitted by these Terms may be a violation of the IP Rights therein and is prohibited.
Decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on Kanopy Websites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole, or in part) on such software, is prohibited.
You understand that, when using the Websites, you will be exposed to Material from a variety of sources, and that Kanopy is not responsible for the accuracy, timeliness, usefulness, or intellectual property rights of or relating to such Material. You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you had, have, or may have against Kanopy with respect thereto.
Your User Submissions and Conduct
- Your Submissions. You may submit picture or video content (“User Pictures”), audio content and textual content, including but not limited to, comments (“User Comments”) to Kanopy, via upload or submission functions on the Websites or third-party websites used by Kanopy, or via Mobile Services. User Pictures, User Comments, and all Material and IP Rights therein are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, Kanopy does not guarantee, and disclaims, any confidentiality with respect to any User Submissions. You grant Kanopy the right to edit and/or modify any User Submissions. Kanopy reserves the right to not use the User Submissions at all and/or to use as much or as little of the User Submissions as deemed appropriate. Some of the Websites may be supported by advertising revenue now or in the future and may display advertisements and promotions, and you hereby agree that Kanopy may place any and all advertising and promotions on the Websites or on, about, around, incorporated into, or in conjunction with your User Submissions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- Your Responsibility for User Submissions.You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions and all Material used, contained, displayed, featured, incorporated, or appearing therein or related thereto, you affirm represent, and warrant that:
- you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all IP Rights, to use and publish your User Submissions and to license your User Submissions to Kanopy;
- you have secured all rights, licenses, and permissions to use and to license to Kanopy, any and all works Material owned by any third party, used or appearing in or in connection with your User Submissions;
iii. you own or have all the necessary licenses, rights, consents, and permissions, including without limitation, all rights relating to the name, image, likeness, right of privacy, and right of publicity (whether common law or statutory) of any person appearing in any User Submission (collectively, “Personal Rights”), to use and publish your User Submissions and to license your User Submissions to Kanopy — and further that any such person is at least 18 years old or the age of majority in the jurisdiction in which that person resides (whichever is greater) or, if that person is younger than the greater of 18 years or the age of majority, you have received such permission from that person’s parent or legal guardian; and
- your User Submission does not infringe and will not infringe on the copyright, trademark, trade secret, rights of privacy or publicity, or other intellectual property or personal rights of any person or entity.
In addition, you may not submit any video that is unlawful, harmful, abusive, or harassing, constitutes inherently dangerous activities, or threatens your safety or the safety of any other person. Further, you authorize and license to Kanopy to use all IP Rights and all Personal Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by the Websites and these Terms.
- Your License to Kanopy. For clarity, you retain all of your ownership or licensed rights in your User Submissions. However, by submitting User Submissions to Kanopy, you hereby agree as follows:
- you grant to Kanopy, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, sublicense to third parties, display, edit, telecast, rerun, syndicate, print, perform, and otherwise exploit the User Submissions, in any media formats now known or hereafter devised and through any media channels, in connection with: the Websites; any products or services offered by Kanopy or its licensees; any commercial or non-commercial purposes; and in any other manner relating to Kanopy’s business, including without limitation, for advertising, marketing, promoting, and of redistribution all or a portion thereof;
- you grant each user of the Websites a non-exclusive license to access your User Submissions through the Websites, and to use, copy, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms;
iii. you waive any claims you may have based on any usage of User Submissions or the works derived therefrom including but not limited to claims for infringement, invasion, misappropriation, or violation of IP Rights or Personal Rights;
- you grant Kanopy, and its parents, subsidiaries, affiliated entities, licensees, designees, assigns, and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license the right to use the name that you submit in connection with such User Submissions if they choose. You understand and agree, however, that Kanopy may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted.
The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted from the Websites, if so removed or deleted.
- User Submission Content Restrictions. You agree not to post, email, or otherwise make available any User Submissions that:
- are unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iii. impersonate any person or entity, including, but not limited to, a Kanopy employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- include personal or identifying information about another person without that person’s explicit consent;
- are false, deceptive, misleading, deceitful, or mis-informative;
- infringe on or violate any IP Rights, Personal Rights, or other proprietary rights of any party;
vii. you do not have a right to make available under any law, or under contractual or fiduciary relationships;
viii. constitute or contain any form of advertising or solicitation, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Websites or any computer software, hardware or telecommunications equipment;
- disrupt the normal flow of dialogue with an excessive amount of User Submissions (flooding attack) to the Websites, or that otherwise negatively affects other users’ ability to use the Websites;
- employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Submissions transmitted through the Websites; or
xii. violate any applicable civil or criminal laws or regulations, or promote any illegal activity.
- No Violation of Third Party Rights. In connection with User Submissions, you further agree you will not submit any User Submission that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including IP Rights and Personal Rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Kanopy, all of the licenses granted herein.
- Kanopy’s Data Practices. You acknowledge that Kanopy may establish general practices and limits concerning use of the Websites, including without limitation the maximum period of time that User Submissions or other data or materials will be retained by the Websites and the maximum storage space that will be allotted on Kanopy servers on your behalf. You agree Kanopy has no responsibility or liability for the deletion or failure to store any User Submissions or other data or materials maintained or transmitted by the Websites. Kanopy reserves the right to delete any User Submissions for any reason, without prior notice, including, without limitation, to provide additional capacity on the Websites. Deleted User Submissions may be stored by Kanopy in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, Kanopy encourages you to maintain your own backup of your User Submissions. You also acknowledge Kanopy reserves the right to terminate accounts that are inactive for an extended period of time.
- Kanopy’s Modification of Removal of User Submissions. Kanopy does not control User Submissions posted by users or otherwise made available by other persons and does not have any obligation to monitor such User Submissions. If at any time, Kanopy chooses, in its sole discretion, to monitor the User Submissions, Kanopy nonetheless assumes no responsibility for the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting any such User Submissions. Kanopy, does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Kanopy, expressly disclaims any and all liability in connection with User Submissions. Kanopy does not permit copyright-infringing activities on its Websites, and Kanopy will remove all Content and User Submissions if properly notified that such User Submission infringes on another’s copyright pursuant to Kanopy’s Copyright Policy. Kanopy, reserves the right to remove User Submissions without notice.
- No Alteration of Website. You agree not to alter or modify any part of the Websites or to obtain or attempt to access or otherwise obtain any materials or information through hacking, password mining or any other means not intentionally made available or provided through the Websites. You must not interfere or disrupt the Websites, servers, or networks connected to the Websites, including by transmitting any worms, viruses, spyware, malware or any other code of a disruptive nature. You may not inject content, code or otherwise alter or interfere with the way in which any Kanopy page is rendered or displayed in a user’s browser or device. You agree not to use or launch any automated system — including, without limitation: “robots,” “spiders,” or “offline readers” — that accesses the Websites in a manner that sends more request messages to the Kanopy servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use any communication systems provided by the Websites (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions. In your use of the Websites, you will comply with all applicable laws, statutes and regulations.
- Your Feedback. If you provide feedback, questions, comments, suggestions, ideas, or other information to us regarding the Websites, Content, or User Submissions (collectively, “Feedback”), you acknowledge that the Feedback is non-confidential and authorize use of that Feedback without restriction and without acknowledgment, payment or other compensation to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose, commercial or otherwise.
If you believe that any Material made available on any of the Website is in violation of your copyright, please contact us at firstname.lastname@example.org. Applicable portions of the Copyright Policy are provided pursuant to the Digital Millennium Copyright Act (the “DMCA”).
Additional Terms for Apple App Store and Google Play Store Applications
This section applies to you only if you have downloaded Kanopy software from the Apple or Android App Store.
You acknowledge that these Terms are entered into solely between you and Kanopy, and not with any third party, including Apple, Inc. or Google, Inc. These Terms are not intended to provide for usage rules for the Kanopy software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review).
Subject to all the terms and conditions herein, Kanopy hereby grants you a personal, limited, non-commercial, nonexclusive, non-sub-licensable, non-assignable, revocable license to download, install and use one (1) copy of the Kanopy software, in object code form, only on your App Store-compatible device (“Device”) for the sole purpose of personally using the Websites and, if you have downloaded Kanopy software from the Apple App Store, as permitted by the Usage Rules set forth in the Apple or Android App Store Terms of Service.
You acknowledge that Apple and Google have no responsibility for addressing any claims relating to the Websites or the Kanopy software or your possession and/or use of the Websites or the Kanopy software, including without limitation: (a) product liability claims; (b) any claim that the Websites or the Kanopy software fails to conform to any applicable legal or regulatory requirement; and (c) any claims arising under consumer protection or similar legislation.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
External Link Disclaimer
Kanopy Websites contain links to external, third-party web sites along with relevant commentary to provide our users and visitors the ability to display channel content on any website. In most cases these sites are not affiliated with Kanopy.
By providing links to other sites, Kanopy does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Kanopy Website in question.
Kanopy does not operate, control, or claim responsibility for the information, content, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. No authorization or permission is given for framing or linking to any pages of a Website or any of its User Submissions, whether in whole or in part.
Comments and Discussion Groups
In order to make the Comments and Discussion sections of the Websites interesting and informative for Kanopy’s Website users, in addition to the other requirements provided in these Terms, the following guidelines must be adhered to by all users posting and/or viewing comments or discussions:
- If a comment is made using your identity or account, it will be deemed to have been posted by you.
- Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
iii. Do not intentionally make false or misleading statements.
- Do not offer to sell or buy any product or service.
- Do not post material that infringes IP Rights or Personal Rights.
- Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
vii. Do not question why a previous comment was removed.
viii. Keep all comments relevant and ‘on topic’ to the particular Kanopy Website posting open for comments.
Kanopy will not and does not accept responsibility for information posted in the Comments.
If Kanopy receives notice that any posting is not in keeping with these Terms or the intended use of the Comments, Kanopy may remove that post and/or any other related posts.
You may delete or suspend your account with any Website at any time. When suspended, your profile will be invisible until you reactivate your account. If you choose to delete your account, all of your account information may be removed from the Websites and our servers. If your profile is suspended or terminated, Kanopy will retain the right to delete or to continue to use and not delete, in its sole discretion, your User Submissions on the Websites and our servers.
Kanopy may terminate a user’s account or access to the Websites if, under appropriate circumstances, Kanopy determines you have violated any of these Terms. If Kanopy terminates your access to the Websites or you delete your account, your User Submissions, comments and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Websites. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
Kanopy reserves the right to decide whether User Submissions violate these Terms for reasons other than copyright infringement, such as, but not limited to violations of law, or under contractual or fiduciary relationships, fraud, pornography, obscenity, or illegality. Kanopy may at any time, without prior notice and in its sole discretion, remove such User Submissions and/or deactivate or delete a user’s account for submitting such material in violation of these Terms may and/or ban any further access to such files or the Websites. Kanopy may also at its sole discretion limit access to the Websites and/or terminate the accounts of any users who infringe any IP Rights or Personal Rights of others, whether or not there is any repeat infringement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Websites, may also be referred to appropriate law enforcement authorities.
In accordance with the DMCA and other applicable laws, Kanopy has adopted a policy of terminating, in appropriate circumstances and at Kanopy’s sole discretion, users who are deemed to be repeat infringers.
Disclaimer of Warranties
YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KANOPY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. KANOPY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KANOPY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITES OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES OR ANY SITES LINKED TO THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. KANOPY MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITES OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITES WILL NOT INFRINGE THE RIGHTS OF OTHERS. KANOPY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF Kanopy. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. KANOPY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES; AND/OR (g) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
Limitation of Liability
IN NO EVENT SHALL KANOPY, ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITES OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF KANOPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT KANOPY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU, SPECIFICALLY, ACKNOWLEDGE THAT KANOPY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF KANOPY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY KANOPY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY KANOPY.
Comments, Discussion, Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES, GROUP CHANNELS OR OTHER FORUMS ON KANOPY WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF KANOPY OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. Kanopy DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF KANOPY. KANOPY MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE OF ANY CHANNELS, GROUPS, FORUM OR THE LIKE WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of any and all Websites, services and their content remains with you. You agree to defend, indemnify, and hold Kanopy, its officers, directors, members, employees, affiliates, 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: (a) your access to or use of the Websites, User Submissions, Material, Channels, Forums or Content; (b) your User Submissions; (c) your violation of these Terms or any laws; (d) your violation of any third party right, including without limitation any IP rights or Personal Rights; or (e) any claim that your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Rules and your use of the Websites.
Jurisdiction, Venue, and Severability
You agree that the Websites shall be deemed solely based in Washington, USA, the Websites shall be deemed passive, and that does not give rise to personal jurisdiction over Kanopy, either specific or general, in jurisdictions other than Washington. These Terms will be governed by the internal substantive laws of the State of Washington, without respect to any conflict of laws principles. Any and all disputes, claims and causes of action arising out of or connected with these Terms or the Websites will be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in King County, Washington, and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Kanopy’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kanopy without restriction.
YOU AND KANOPY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Collection and Use of Aggregated Information
Kanopy creates aggregate reports on user demographics and traffic patterns. These aggregated statistics are used internally to better provide services to users of the Websites. They may also be provided to sponsors and partners; however, they contain no individual personal information and cannot be used to gather such information. This allows Kanopy’s partners and sponsors to communicate more effectively, as well as allows our users to receive offers that are pertinent to their needs.
Ownership of Information
Kanopy is the sole owner of the information collected on the Websites. This includes:
- Your username, password and e-mail address when you register for an account on Websites.
- Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows Kanopy to help others find your profile on the Websites.
iii. User Submissions that you post to the Website.
- Communications between you and Kanopy.
Kanopy may offer certain services that are available via a mobile device or app, including (1) the ability to upload User Submissions to the Websites via a mobile device, (2) the ability to browse the Websites from a mobile device and (3) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, “Mobile Services”). If you use Mobile Services, Kanopy may store information regarding your mobile device, including your device type and operating system, the advertising ID of your mobile device, location services (if you grant permission), or in other applications as permitted by the functionality of such mobile device.
In addition, Kanopy may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device that uniquely identify it. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Kanopy. A device identifier may deliver information to Kanopy or to a third-party partner about how a user browses the Websites and may help Kanopy or a partner provide user reports, personalized content or targeted ads. Some features of the Websites may not function properly if use or availability of device identifiers is impaired or disabled.
How We Use Your Information
Kanopy uses the information you provide, or that we collect, to provide services and features to you; to operate, maintain, and enhance its Websites; to provide users with customer support; as well as to track user-generated content and users to comply as a service provider with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. Kanopy also uses information to prevent potentially illegal activities. These efforts may, on occasion, result in a temporary or permanent suspension or termination of some functions for some users.
Kanopy may also contact you with announcements related to the Websites from time to time. You may opt out of all communications, except essential updates on your account.
Kanopy does not share your information with advertisers without your consent. Kanopy allows advertisers to choose the characteristics of users who will see their advertisements and Kanopy may use any of the non-personally identifiable attributes it has collected (including information you may have decided not to show to other users, such as your birth year or other sensitive personal information or preferences) to select the appropriate audience for those advertisements.
Even though Kanopy does not share your information with advertisers without your consent, when you click on or otherwise interact with an advertisement, there is a possibility the advertiser may place a cookie in your browser or the advertising ID for the Mobile Services and note that it meets the criteria they selected.
Kanopy may share User Submissions and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Kanopy is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Websites and Affiliates’ own services; however, these Affiliates will honor the choices you make about who can and cannot see your photos.
In addition to other information described in this policy, we may collect and share precise location information, through methods such as mobile “SDKs”. This location information may be used by itself, aggregated, or combined with mobile identifiers (such as IDFAs and Android IDs), and shared with third parties, for purposes related to advertising, attribution (e.g., measuring ad performance) analytics and research. You can remove your consent to having your location data collected by changing the settings on your device. (Certain services may lose functionality as a result.) You can opt-out from any interest-based advertising through your device settings. When you have opted out using this setting on a device, advertisers will not use in-app information collected from that device to infer your interests or serve ads to that device that are targeted based on your inferred interests.
Content and Metadata
The Websites are intended to share text, graphics, photos, sounds, music, videos, audiovisual combinations, and other materials (collectively “Content”) you may view on, access through, or contribute to the Websites. If you do not want us to store metadata associated with the Content you share on the Websites, please remove the metadata before uploading the Content.
In order to enhance their use of the Websites, users can choose to post comments on particular articles of interest. Kanopy does not endorse these comments, as they are opinions of users not associated with Kanopy or its employees.
Kanopy may launch an email mailing list for some or all of its Websites. In order to receive regular emails, newsletters and the like from a mailing list from one of the Websites, users must submit information including, without limitation, a valid email address and demographic information. This information will be used in anonymous, aggregate form only in order to assess general user interest in various internal and third-party products and services. Your personal contact information will not be passed to any other organization. Users who choose to sign up for a mailing list will receive regular emails from the site, including new articles added to the site as well as, from time to time, emails from third-party site sponsors. If you do not wish to receive emails from third-party advertisers, do not sign up for the mailing list.
The Websites make content channels available to its users. Any information disclosed in these areas becomes public information. Please exercise caution when deciding to disclose your information.
Third Party Communications
We use third-party companies to provide relevant community offers and collect non-personally identifiable information when you visit our Websites. These companies often use a Cookie or third-party web beacons to collect information. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: https://www.networkadvertising.org/choices/. Additionally, Kanopy’s sites participate in the Digital Advertising Alliance’s (DAA) Self-Regulatory Program for Online Behavioral Advertising within advertising units that link to http://www.aboutads.info/choices/.
Like most standard website servers, we use log files. This includes internet protocol addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. We may use a tracking utility that uses log files to analyze user movement. This information is not linked to personally identifiable information.
Kanopy may need to disclose personal information when required to do so by law or legal process. Kanopy may also share information when it has a good-faith belief that such action is necessary:
- to comply with a current judicial proceeding,
- to obey a court order or legal process served on any of the Websites;
iii. to prevent fraud or other illegal activity;
- to prevent imminent bodily harm; or
- to protect Kanopy and users from people violating these Terms.
In the event Kanopy goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, or if Kanopy declares bankruptcy, Kanopy may transfer the aforementioned collected information as part of the assets transferred.
The Websites contain links to other sites. Please be aware that Kanopy does not control and is not responsible for the privacy practices or content of other sites. We encourage users to be aware when they leave our Websites and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by Kanopy.
Notification of Changes
Violations of this Policy
California Privacy Rights
YOUR PRIVACY RIGHTS – California Civil Code Section 1798.83 permits members of the Websites who are California residents to request certain information regarding the disclosure of any personal information to third parties for their direct marketing purposes. To make such a request, e-mail email@example.com.
NOTE: * Although the CCPA is designed to provide certain privacy rights to California residents, we extend the practices described in this section to all U.S. users of our digital properties, regardless of your state of residence.
How Should a User Contact Kanopy?
The following Copyright Policy covers all of the websites and any associated content, including, without limitation: any and all mobile or desktop applications, apps, email, over-the-top-platforms, streaming services, software services, RSS services, Mobile Services (as defined below), or other materials or services made available on, from, or through websites (collectively, the “Websites”) of Kanopy and its subsidiaries and affiliates (collectively, “Kanopy”). All media on the Websites are either: licensed by Kanopy; submitted to the Websites by users; readily available and believed to be in the public domain; or used in “fair use” under the U.S. Copyright Act. Kanopy respects intellectual property rights and expects its users to do the same.
For Copyright Owners.
If you own the copyright to a photograph, video, or other material that appears on any of the Websites that you claim violates your copyright, please notify us as provided below. If you are uncertain whether the use of the content you are reporting infringes upon your legal rights, you may wish to seek legal guidance. Please bear in mind that submitting intentionally misleading reports of infringement may be punishable under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) in the United States, with similar laws existing in other countries.
Notification of Copyright Infringement - DMCA
Kanopy is an Online Service Provider, under the DMCA. Kanopy respects the legitimate rights of copyright owners and has adopted an efficient notice and takedown procedure as required by the DMCA. The Copyright Policy is intended to guide copyright owners in utilizing that procedure (described herein) and also to guide users and webmasters in restoring access to websites or content that is disabled due to an error.
Delivery of the Notice
Deliver all takedown notices as provided by this Copyright Policy to Kanopy Inc. by mail or by email as follows:
BY EMAIL TO: firstname.lastname@example.org
BY MAIL TO:
506 Second Ave,
Seattle, WA 98104
Upon receipt of a valid notice, Kanopy will process the claim, which may result in removal or limitation of access to the allegedly infringing material, subject to the user’s or webmaster’s right to submit a Counter-Notification that provides claim of lawful use of the disabled works. In applicable circumstances, Kanopy will have the disputed material removed from public view and will also notify the user or webmaster who posted the alleged infringing material. This notification may include a complete copy of the notice formerly submitted regarding that material.
Notice to Owners of Copyrighted Works
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA notice (“Notice”) and delivering it to Website’s Designated Copyright Agent, either in writing or by email, as provided for herein.
As a copyright owner, to provide Kanopy with a proper valid notice your copyright claim, your notice must be in English and must substantially contain the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- An identification of the copyrighted work claimed to have been infringed, or — if multiple copyrighted works at a single online site are covered by a single Notice — a representative list of such works;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. This identification should include information reasonably sufficient to permit Kanopy to locate the material, such as any URLs identifying the alleged infringing material, along with any other information that might assist Kanopy’s Designated Copyright Agent in its investigation of your claim;
- Information reasonably sufficient to permit Kanopy to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the you may be contacted;
- A statement that you have a good-faith belief that use of the material in question is not authorized by you, your agent, or the law; and
- A statement that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all of the aforementioned information may result in a delay in processing the DMCA Notification. If you misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys’ fees, and could be subject to criminal prosecution for perjury.
Material Originating From Another Website
If the alleged infringing material originates from another source and you believe that a Website has cached that material, then confirm any of the following that apply:
- The material has been removed from the originating site or access to the material on the originating site has been disabled;
- A court has ordered that the material be removed from the originating site; and/or
iii. A court has ordered that access to the material on the originating site be disabled.
Failure to include all of the above information may result in a delay in processing the DMCA Notification. If you misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys’ fees, and could be subject to criminal prosecution for perjury.
If you receive communication that material you have submitted has been removed by Kanopy pursuant to a Notice, and you believe that removal was in error or not pursuant to a valid copyright claim, you may seek to have the material replaced by submitting a Counter-Notifications to Kanopy
Counter-Notifications must be submitted by the original uploader or an agent authorized to act on their behalf, such as an attorney. After Kanopy receives your Counter-Notification, it will forward the Counter-Notification to the party who submitted the original claim of copyright infringement. Please note that when Kanopy forwards the notice, it will include your personal information. By submitting a Counter-Notification, you consent to having your information revealed in this way. Kanopy will not forward the Counter-Notification to any party other than the original claimant.
To be effective and valid, Counter-Notifications must contain substantially the following:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
iii. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of an error or misidentification of the material to be removed or disabled; and
- Your name, address, telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Kanopy may be found, and that you will accept service of process from the uploader of the infringing material or an agent of such person.
Disabling or Termination of Accounts
It is Kanopy’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.