These Terms and Conditions constitute a binding agreement ("Agreement") between you and Konarka Technologies, Inc. ("Konarka"). By accessing, browsing and/or using this web site ("Site") you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that Konarka may, in its sole discretion and without notice, revise these terms at any time by updating this posting. It is your responsibility regularly to review this Agreement and to acquaint yourself with any changes. Usage of this Site constitutes an irrevocable waiver of any claim that you did not read, understand, or agree to the terms of this Agreement.
Copyright in Materials
The copyright in all materials provided or posted on this Site is held by Konarka or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Konarka or the copyright owner. Permission is granted to download one copy of the materials on this Site on a single computer for your personal or internal business use only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not "mirror" any material contained on this Site without Konarka's express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Konarka or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved. Your use of this Site is conditioned upon your honoring these copyrights and other intellectual property rights reflected on the Site.
© 2008 Konarka Technologies, Inc.
116 John Street, Suite 12, 3rd Floor, Lowell, MA 01852
Telephone: (978) 569-1400
Facsimile: (978) 569-1401
All rights reserved.
Unless otherwise stated, the trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Konarka. Other trademarks, service marks and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Konarka intellectual property displayed on this Site. Konarka aggressively enforces its intellectual property rights to the fullest extent of the law. The name Konarka or any other Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Konarka. Konarka also prohibits use of its name or any other Trademark as part of a link to or from any site unless establishment of such a link is approved in advance by Konarka in writing.
You acknowledge and agree that Konarka shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site ("Submissions"). You hereby waive any and all claims against Konarka for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Konarka's use and publication of such Submissions. This means that anything submitted by you to this Site will be owned by Konarka and may be used by Konarka for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event Konarka's ownership of such Submissions is successfully contested, you automatically grant Konarka a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. Konarka does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this Site by any user of this Site, information provider or any other third party. Konarka expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole risk. You covenant that you shall not post or otherwise publish on the Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) ontain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Konarka in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.
Konarka's Rights and Disclaimers
The ideas and information that are posted on this Site do not necessarily reflect Konarka's views. Konarka reserves the right, which it may or may not exercise, to review, edit, or delete any material that it deems to be inappropriate or in violation of this Agreement. Konarka has the absolute right, in its sole discretion, to deny or to withdraw access to anyone who violates this Agreement. Konarka's access and use decisions are final and not reviewable. Notwithstanding the above, Konarka expressly disclaims any responsibility or liability for any material communicated by third parties through the Site or for any loss or damage allegedly resulting from use of the Site or from denial or withdrawal of Site access. There may be delays, omissions or inaccuracies in information obtained through your use of this Site. This information is provided to you with the understanding that it does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, Konarka does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this Site by Konarka, any user, information provider, or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk. In addition, you may not use this Site in any manner to suggest or imply that Konarka promotes or endorses your or any third party's causes, ideas, political campaigns, political views, web sites, products or services.
You may be able to obtain access to other Internet sites through hypertext links appearing on this Site. Links to unaffiliated sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding their content, and Konarka expressly disclaims any such endorsement or representation about any other web site which you may access through this one. Such sites are independent from Konarka and, even if Konarka provides information or services to the owner of such sites, Konarka has no control over their content. Konarka makes no warranties, either express or implied, concerning your use of or inability to use these web sites or the content of such sites, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor does Konarka warrant that such sites or content are free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such sites or content are free from viruses or other destructive elements.
Disclaimer of Warranties
THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KONARKA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MORE SPECIFICALLY, BUT WITHOUT LIMITATION, KONARKA DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; OR (4) THIS SITE OR THE SERVER BY WHICH YOU GAIN ACCESS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KONARKA OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, EVEN IF KONARKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KONARKA'S OR ANY OF ITS PREDECESSORS', SUCCESSORS', PARENTS', SUBSIDIARIES', AFFILIATES', OFFICERS', DIRECTORS', PARTNERS', INVESTORS', EMPLOYEES', AGENTS' OR REPRESENTATIVES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
You hereby undertake to indemnify, defend, and hold harmless Konarka and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, partners, employees, agents, and representatives (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. Konarka reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
In using this Site, you agree not to disrupt or interfere with the security of, or otherwise abuse the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or linked web sites. You agree not to disrupt or interfere with any other user's enjoyment of the Site, use or attempt to use another's account, service or system without authorization from Konarka, or create or use a false identity on the Site. You shall not upload, post, other otherwise transmit through or on the Site any viruses or other harmful or disruptive files, spam, chain letters, junk or any other type of unsolicited mass email. Attempts to obtain unauthorized access to any site or portion of the Site that is restricted from general access, or to grant a third party access to such restricted sites or areas is prohibited.
Enforcement of Terms and Conditions
This Agreement is governed and interpreted pursuant to the laws of The Commonwealth of Massachusetts, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts located within The Commonwealth of Massachusetts. You further agree and expressly consent to the exercise of personal jurisdiction and to venue in The Commonwealth of Massachusetts in connection with any dispute or claim involving Konarka and to the waiver of any right to a jury trial in connection therewith. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Infringement Notices and Take Down
Konarka prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright, you should notify Konarka of your copyright infringement claim in accordance with the following procedure. Konarka will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA). The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent, who is:
Konarka Technologies, Inc.
116 John Street, Suite 12, 3rd Floor, Lowell, MA 01852
[Email Address of contact]
Telephone: (978) 569-1400
Facsimile: (978) 569-1401
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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 notification, a representative list of such works at that site;
- 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;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification 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.
This Agreement constitutes the entire agreement between you and Konarka with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Konarka.