Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright. trade mark law and other intellectual property laws.
2. Knak Content
The Website, the Services, and their contents may only be used in accordance with the terms of these Terms and Conditions of Use. All materials displayed or performed on the Website or in the Services, including, but not limited to text, graphics, articles, photographs, images, illustrations (excluding “IC Content” as defined below) (also known as the “Knak Content,”) are protected by copyright, trademark and other intellectual property laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Knak Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Knak Content or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You may download or copy the Knak Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Knak Content. You shall not store any significant portion of any Knak Content in any form. Copying or storing of any Knak Content other than personal, noncommercial use is expressly prohibited without prior written permission from Knak or from the copyright holder identified in such Knak Content's copyright notice. If you link to the Website, Knak may revoke your right to so link at any time, at Knak's sole discretion.
Any comments or other feedback you provide to Knak through the site or otherwise is provided by you on a voluntary basis. Knak will be free to use such comments and feedback as it sees fit and without any obligation to you.
3. Fees and Payment
Knak reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Knak reserves the right to change its price list and to institute new charges at any time. Customers who have signed up to previous prices will be notified of any price changes prior to being charged, and will not be charged unless new prices are accepted and agreed to by the customer. Any fees paid hereunder are non-refundable.
4. Inspiration Center
Knak's Inspiration Center comprises email and landing page templates which have either been submitted by users, were provided to Knak through subscription or selected by Knak (“IC Content”). Knak does not condone, support, represent or guarantee the truthfulness, accuracy, completeness or reliability of any IC Content posted to the Inspiration Center. You agree that Knak will not be liable in any way for any IC Content, including, but not limited to, any errors or omissions therein, or any loss or damage of any kind incurred as a result of the use thereof.
The owners of the templates retain ownership in the templates and their content at all times.
Users who post templates to the Inspiration Center hereby grant Knak a non-exclusive, worldwide, transferable, royalty-free, fully-paid up and sub licensable right to use, copy, modify, distribute, publish, and process, the templates and their content You agree that you will not post any templates or content in violation of any law, or the rights of any third party.
Knak reserves the right to remove any Content from its site that allegedly infringes another person's copyright. Knak is registered in the United States Copyright Office in accordance with the Digital Millennium Copyright Act (the “Act”) and is committed to observing the protections of the Act.
Notices to Knak regarding any alleged copyright infringement should be sent by email to firstname.lastname@example.org.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
- A description of the copyrighted work that you claim has been infringed;
- Your name, address, telephone number, and email address;
- A description of the location on Knak's website where the allegedly infringing content was posted;
- A good faith statement that you believe the use of the content infringes your copyright and is not a fair use;
- A statement certifying that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- Your electronic or physical signature.
The materials on Knak's web site, including both Knak Content and IC Content, (collectively the “Content”) are provided “as is” and “as available”. Knak makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights nor that the site will function without errors or interruptions. Further, Knak does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Contents or otherwise relating to the Contents or on any sites linked to this site.
In no event shall Knak nor its licensors nor suppliers be liable for any damages (including, without limitation, indirect, incidental, special or consequential or punitive damages or for loss of goodwill, data, profit or revenues, or due to business interruption,) arising out of the use of or inability to use the Contents or the Services Content, despite any theory of liability, including without limitation based on warranty, contract or statute even if Knak or a Knak authorized representative has been notified orally or in writing of the possibility of such damage. In no event shall Knak's aggregate liability hereunder exceed the greater of the amount you paid to use the Content or the Services or CAD$500.00. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not subscribe with the intention of downloading all the templates and then cancel the Services. You will not copy the code from Knak's templates for resale. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party caused by you or any person within your control resulting therefrom. Under no circumstances will Knak be liable in any way for any materials generated by you in accessing and using the Services or the Contents, or any loss or damage of any kind incurred in connection with use of or exposure to any such materials posted, emailed, accessed, transmitted, or otherwise made available by you. You, not Knak, remain solely responsible for all such materials, including messages, that you upload, post, email, transmit, or otherwise disseminate.
You hereby agree to indemnify, defend and hold Knak harmless from and against any and all demands. causes of action, claims, damages, liabilities, costs and expenses, including without limitation attorney's fees and legal expenses, whether in contract, tort or otherwise, arising out of or related to any materials you create generated by the Services, or your breach of any warranty, obligation or representation set forth herein.
10. Revisions and Errata
The Contents could include technical, typographical, or photographic errors. Knak does not warrant that any of the Contents are accurate, complete, or current. Knak may make changes to the Contents at any time without notice. Knak does not, however, make any commitment to update the Contents.
Knak has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Knak of the site. Use of any such linked web site is at the user's own risk.
Knak may revise these Terms and Conditions of Use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
13. Governing Law
Any claim relating to Knak's web site shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.