THIS IS A CONTRACT BETWEEN YOU AND TECHKNOWHOW, INC, A CALIFORNIA CORPORATION. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE ONLINE TRAINING PROGRAM. BY ACCESSING THE SITE (WHICH INCLUDES THE ONLINE TRAINING PROGRAM AND RESOURCES), YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE OR USE THE RESOURCES.
BY USING TECHKNOWHOW’S GAMESPARK SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS TECHKNOWHOW MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
In consideration of your use of GameSpark, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Site services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the TechKnowHow registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TechKnowHow has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TechKnowHow has the right to suspend or terminate your account and refuse any and all current or future use of GameSpark (or any portion thereof).
TechKnowHow is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to GameSpark must create a TechKnowHow Account. When you create a TechKnowHow Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the TechKnowHow Account. By adding a child to your TechKnowHow Account, you also give your child permission to access many areas of GameSpark, including, email, message boards and instant messaging (among others). Please remember that GameSpark is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of GameSpark content is appropriate for your child.
1. CONTACT INFORMATION.
260 Main St., Suite 201
Redwood City, CA 94063
Website: http://www.techknowhowkids.com or http://www.gamesparkonline.com
“Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
“Educator” means a teacher at an accredited K-12 school, college or university.
“GameSpark” refers to GameSpark, a product offered by TechKnowHow
“Multi-User Subscriber” refers to a Subscriber who purchases access to the Online Training Program and/or Resources for multiple Users.
“Online Training Program” or “OTP” means the payment-based database of audio-visual works (i.e. training videos) that are available through the Site and is part of the Site.
“Resources” means the game resources available for purchase or bundled with the OTP. Such resources include, but are not limited to, graphics, music, backgrounds, skyboxes, and sound effects files.
“Single-User Subscriber” refers to a Subscriber who purchases access to the Online Training Program and/or Resources for one (1) User.
“Student” means a pupil at an accredited K-12 school, college or university. A Student is also a Subscriber.
“Subscriber” refers to any person or entity that purchases access to the Online Training Program and/or Resources, and may be a Single-User Subscriber, Multi-User Subscriber, Educator, Student or gift subscription recipient.
“User” refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, “User” refers to You and Your principal.
“Website” or “Site” refers to the website maintained on the World Wide Web by TechKnowHow, available at http://www.gamesparkonline.com, and includes the Online Training Program and Resources.
“You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.
3. MODIFICATION OF TERMS.
TechKnowHow reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after TechKnowHow gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
4. LIMITED LICENSE.
Site and OTP Access. TechKnowHow hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to access the Site and the OTP according to the provisions contained herein, and subject to the payment of any applicable fees and adherence to these Terms.
Resource License. Subject to the payment of any applicable fees and adherence to these Terms, TechKnowHow hereby grants each Subscriber who receives a Resource as part of an OTP subscription, a limited, non-exclusive, non-sublicensable and non-transferable license to use the Resources in an electronic game or games (e.g., computer game, console game, etc.) that they create. If you make a game that will be sold or bundled for sale or distribution, you will need to include mention in the game that the resources were supplied by GameSpark. For more information, contact GameSpark at email@example.com or at (650) 474-0491.
In no event may Resources be used on a standalone basis or in any media other than an electronic game.
Single User Terms. You may only use the OTP and Resources on one single computer, or, on second computer, so long as the first and second computers are not used simultaneously.
Multi-User Terms. A Multi-User Subscriber may only allow its employees and agents to access the OTP and Resources. If the Multi-User Subscriber’s license terminates, the Multi-User Subscriber’s employees and agents shall no longer have Access to the OTP. A Multi-User Subscriber agrees that the OTP and Resources may not be Accessed by more than the authorized number of named User licenses purchased by the Multi-User Subscriber; once assigned, a named User license may not be re-assigned to any other User. Each User shall be authorized by the Multi-User Subscriber to Access the OTP and Resources over the Internet pursuant to the terms and conditions of this Agreement. A Multi-User Subscriber administrator selected by the Subscriber (the “Administrator”) shall be designated to oversee and be responsible for management of the User accounts.
5. FEES, SUBSCRIPTION CANCELLATION, AND REFUNDS
GameSpark offers various subscription plans. If you purchase a subscription to the OTP and Resources, you hereby authorize TechKnowHow/GameSpark to charge your credit card, debit card, PayPal™ account or other payment method accepted, in an amount equal to the membership fees (plus any applicable taxes we are required to collect) associated with the Subscription you have chosen.
The Subscription fee is due and payable in U.S. dollars, Euros, or some other currencies depending on country of residence as stated in your account, subject to any exchange rate that a credit card company or other financial institution may apply.
If there is any change in the information concerning your Payment Method (e.g., if you wish to use a different credit card or if your credit card has a new expiration date), you must notify TechKnowHow/GameSpark by updating your information in your Account or by contacting customer service at firstname.lastname@example.org or by phone at 650 474-0491. If a charge to your Payment Method is denied for any reason, TechKnowHow shall have the right to suspend or terminate your membership and your access and/or terminate your Account.
Your membership will continue and renew automatically unless cancelled or terminated in accordance with these Terms of Service. On or about the renewal date for your membership, we will charge your Payment Method at the then current renewal rate (plus any applicable taxes that we are required to collect), and you authorize us to do so. You may cancel your membership to a Plan at any time by contacting customer service at email@example.com or by phone at 650 474-0491 at least 5 business days prior to your renewal date. Your cancellation will be effective at the end of the billing period during which you notify TechKnowHow/GameSpark, and you will continue to have access to the OTP and Resources until the conclusion of such billing period. All fees paid are non-refundable. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination.
If you have a balance due on your Account and you have provided TechKnowHow with a credit card, you agree that TechKnowHow can charge these unpaid fees to your credit card or debit them from your debit card as applicable. You agree to reimburse TechKnowHow for all costs and expenses incurred by TechKnowHow in collecting payment due hereunder, including without limitation all bank or service charges, and any reasonable attorney’s fees.
The following terms apply to Single-User Subscribers:
Access to OTP content and Resources is for a month effective only upon payment of the fees. Access is granted for the length of one month, beginning on the date which payment is received.
Automatically renews monthly until canceled by Subscriber. Automatically renews on the same date of each corresponding month or on final date of month if no corresponding date (e.g. January 31, 2011 subscription renews on February 28, 2011).
TechKnowHow will bill your Payment Method the membership fee of the Plan you have chosen (plus any applicable taxes we are required to collect) on the day you subscribe or a reasonable time thereafter, and will charge your Payment Method on a recurring basis pursuant to the terms of the Plan you have chosen, unless you cancel your membership in a timely manner before the next billing period - at least 5 business days prior to your renewal date. . Subscription fees are non-refundable.
Discounts or other special offers only valid for the date range listed with the offer.
TechKnowHow may increase subscription fees at any time and for any reason.
Access to OTP content and Resources is for a year effective only upon payment of the fees. Access is granted for the length of one year, beginning on the date which payment is received.
Automatically renews monthly until canceled by Subscriber. Automatically renews on the same date of each corresponding year or on final date of month if no corresponding date (e.g. February 29, 2012 subscription renews on February 28, 2013).
TechKnowHow will bill your Payment Method the membership fee of the Plan you have chosen (plus any applicable taxes we are required to collect) on the day you subscribe or a reasonable time thereafter, and will charge your Payment Method on a recurring basis pursuant to the terms of the Plan you have chosen, unless you cancel your membership in a timely manner before the next billing period - at least 5 business days prior to your renewal date.
Subscription fees are non-refundable.
Discounts or other special offers only valid for the date range listed with the offer.
TechKnowHow may increase subscription fees at any time and for any reason.
The following terms apply to Multi-User Subscribers:
Access to OTP content and Resources for length of program chosen by Mult-Use Subscriber effective only upon payment of the fees. Access is granted for the length of one year, beginning on the date which payment is received.
Subscription fees are non-refundable.
Discounts or other special offers only valid for the date range listed with the offer.
TechKnowHow may increase subscription fees for any time and for any reason.
Academic Program Subscribers (Educator or Student)
The following terms apply to Academic Program Subscribers :
Subscription to OTP and Resources is granted for the length of one year, beginning on the date which payment is received.
Subscription fees are non-refundable
Discounts or other special offers only valid for the date range listed with the offer; discounted rates for Students only apply to the applicable OTP.
TechKnowHow may increase fees or resource prices to Students or require fees from Educators for any subsequent OTP.
Right of Access to the OTP only granted if Educator’s application is approved and payment is made.
6. GIFT CERTIFICATES/SUBSCRIPTIONS
Gift subscriptions for Access to the OTP and Resources, are available for purchase on the Site. Delivery of the gift subscription to the intended recipient is the responsibility of the purchaser, and the recipient is responsible for establishing an account and selecting the desired products.
Gift Subscription Terms and Conditions
No exchange or surrender for cash value
If an existing Subscriber receives a gift subscription:
If the intended recipient already has a subscription to the OTP and receives a gift subscription, this gift subscription can be used for additional purchases of OTP and/or Resources at GameSpark.
A recipient’s use of a gift subscription constitutes acceptance of and agreement to these Terms.
7. ACCESS TO THE OTP AND RESOURCES; MODIFICATION OF CONTENT.
TechKnowHow strives to provide the OTP and Resources to its Subscribers on a continuous basis. To that end, TechKnowHow will take all commercially reasonable efforts to provide uninterrupted Access to the OTP and Resources to its Subscribers. However, from time to time, Subscribers may be unable to Access the OTP and Resources due to conditions beyond TechKnowHow’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the OTP and Resources to its Subscribers, TechKnowHow will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
TechKnowHow endeavors to provide the highest quality content to its Subscribers. To that end, TechKnowHow reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
Users are solely responsible for contacting and working with support personnel from third-party software providers when they encounter a technical problem when using such software. Such third-party software used in conjunction with this site and in the OTP, may include software such as Game Maker, Wings 3-D, and Flash. TechKnowHow does not provide technical support related to any software used in the OTP or on our website, only technical support related to the content and use of the video tutorials provided.
8. ACADEMICS PROGRAM.
TechKnowHow offers an Academic Program for Educators and Students at accredited K-12 schools, colleges and universities.
Sign-Up Requirements and Logistics
Educator must be full or part-time teacher at an accredited educational institution; Educator is required to provide appropriate documentation to verify Educator’s status.
Educator designates certain OTP courses that Students may access; TechKnowHow may limit total number of courses designated .
Institution, Educator or Students must pay subscription fees for Students.
TechKnowHow accepts or denies Educator’s application.
9. PROHIBITED CONDUCT.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
1. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects TechKnowHow’s computers, servers or databases.
2. Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
3. Permit or provide others Access to the OTP using Your user name and password or otherwise, or the name and password of another authorized User.
4. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
5. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
6. Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.
7. Violate or attempt to violate TechKnowHow’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
8. Engage in any other conduct which violates the Copyright Act or other laws of the United States.
9. Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or TechKnowHow.
10. Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
11. Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by TechKnowHow.
12. Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
13. Post or distribute obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material using any materials, including resources, made available on the Site.
14. Advertise or otherwise solicit funds, goods or services on the Site.
15. Provide any commercial hosting service with Access to the Site and/or the content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, TechKnowHow reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the OTP and Resources to any person or entity whose use of the OTP and Resources suggests Prohibited Conduct. Access of the materials available at the OTP beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the OTP and will result in revocation or denial of Access to the OTP and Resources. The terms “normal patterns” and “abuse” shall be determined solely by TechKnowHow.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. TECHKNOWHOW DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. TECHKNOWHOW DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL TECHKNOWHOW OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT TECHKNOWHOW RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OTP, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. ALTHOUGH TECHKNOWHOW HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN, OR WHILE USING THE SITE, OR DESIGNING AND/OR PLAYING A COMPUTER GAME. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE, OR CREATING A GAME. IMMEDIATELY DISCONTINUE USE OF THE SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL TECHKNOWHOW BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT TECHKNOWHOW RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OTP, EVEN IF TECHKNOWHOW SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF TECHKNOWHOW, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. TECHKNOWHOW IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF TECHKNOWHOW IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
TECHKNOWHOW DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT TECHKNOWHOW RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
12. THIRD PARTY CONTENT; HYPERLINKS.
You acknowledge that TechKnowHow does not pre-screen third party materials. TechKnowHow is not the publisher or author of any information on the Site that is provided by third party content providers, and TechKnowHow is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and TechKnowHow’s use of the content constitutes neither an endorsement nor a recommendation by TechKnowHow of the content. TechKnowHow assumes no responsibility for third party products or services.
GameSpark may contain links and references to other third party websites and materials. TechKnowHow does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. TechKnowHow does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. TechKnowHow may disable any hyperlink to the Site. TechKnowHow has the right but not obligation to monitor third party websites and hyperlinks to the Site.
TECHKNOWHOW MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, TECHKNOWHOW DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
13. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS.
TechKnowHow or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by TechKnowHow. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the OTP and Resources may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of TechKnowHow, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of TechKnowHow’s intellectual property except as set forth in Section 4.
If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to TechKnowHow, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
User agrees to defend, indemnify and otherwise hold harmless TechKnowHow and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
15. SECURITY; AUTHORIZED USE.
Users are prohibited from violating or attempting to violate the security of the Site. TechKnowHowhas the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. TechKnowHow may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the OTP. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify TechKnowHow immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify TechKnowHow immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. TechKnowHow will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by TechKnowHow , its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.
TechKnowHow will never ask You for Your password. If You need a new user name and/or password, TechKnowHow will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.
16. TERMINATION OF AGREEMENT.
In addition to TechKnowHow’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. TechKnowHow may also terminate Access to the OTP and Resources or cancel subscriptions to the OTP without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that TechKnowHow deems inappropriate.
In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 3, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.
These Terms constitute the entire agreement between TechKnowHow and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between TechKnowHow and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, TechKnowHow may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. TechKnowHow’s remedies are cumulative and not exclusive. Failure of TechKnowHow to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. TechKnowHow makes no representation that the content of the Site is appropriate or available for use in all locations. TechKnowHow operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. TechKnowHow cannot provide notifications via post, only e-mail. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
19. GOVERNING LAW; DISPUTE RESOLUTION; FORUM AND VENUE.
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by California law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and TechKnowHow shall be finally resolved through binding arbitration in San Mateo, California. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the California Superior Court, County of San Mateo or the United States District Court for the Northern District of California. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the California Superior Court, County of San Mateo or the United States District Court for the Northern District of California for any equitable claim or other action related to or arising from these Terms.
VERSION DATE: May 4, 2011