May 26, 2017

KnowABit Terms of Service

The following summary describes the main terms for members and users of the site. Unfortunately, the litigious nature of our society is such that several pages of detailed and precise wording are needed to protect us. Accordingly the full wording of these Terms of Service is provided following this summary, and you should read and understand it before becoming a member or otherwise using the KnowABit site.

KnowABit is a free publishing platform for its members, providing members’ content to site visitors. Members are not employees. We do not pay members for posting their content, but we do allow members to earn 100% of Google AdSense revenue from ads on their content pages, paid directly by Google. All content on the site is provided by Members. We cannot, and do not, verify that it is correct and/or suitable for any particular purpose. Such content is intended for entertainment and should not be seen as professional advice. We do what we can to make sure the site is functional, but at times it may go down.

Members retain all their intellectual property rights in content they post on our site, and can request that we remove their content at any time for any reason. We’ll respond as quickly as reasonably possible to such requests. Members should always behave on our site in a legal and ethical manner. This means no posting plagiarized content, duplicate content, nor content and/or links to content that:

  • Are knowingly deceptive, false, and/or likely to cause physical, mental, or financial harm to others;
  • Are illegal (e.g. defamation, etc.), hateful, and/or racist;
  • Are obscene, adult-oriented, sexually-oriented, and/or pornographic;
  • Promote or enable dangerous or illegal activities as defined by Federal, State and/or local laws.

This also means no click-fraud; no hacking; no uploading malware; no automatic redirects to other domains; no spam; no collection, posting, and/or exploitation of personal information; no intimidation, and/or harassment.

We are not responsible for content posted by members, but if we are notified that any posted content is illegal or otherwise does not comply with our terms of service, we shall remove it. Repeated offenses against these Terms of Service may lead to banning the offending member’s account and immediate removal of all content posted by that member.

We reserve the right to change these terms as we feel appropriate, but will take reasonable steps to inform members whenever we make such changes, and if possible, before the changes are implemented.

A. Definitions

The terms and conditions set forth herein (“Terms”) govern the use of the KnowABit.com website (the “Website”) and any related services (the “Services”), and constitute an agreement (“Agreement”) between you (“You” or “Your”) and KnowABit, including KnowABit’s owners, officers, administrators, employees, agents, contractors, suppliers, joint ventures, and/or attorneys, as appropriate (“KnowABit”, “We”, “Us”, or “Our”).

A “Member” is anyone who registers with the Website and posts, or intends to post content.

A “User” is a person who accesses content available on the Website.

B. Acceptance of Terms and Termination

Use of the Website and the Services is contingent upon acceptance of, and continued adherence to the Terms, as may be revised by KnowABit. For Members, said acceptance is signified by Your signing up for a Member account. For Members and/or Users, Your continued use of the Website and Services constitutes acceptance of all then-current Terms. We reserve the right to suspend, modify, or terminate Your Membership or the Services at any time and/or discontinue Your access to the Services or content at any time, for any reason.

C. Changes in Terms and Notification

We reserve the right to alter or revise the Terms at any time, with the most recent version of the Terms posted to the Website. If You are a Member, We shall send You notice via email or direct message on the Website any time the Terms change.

D. Membership and Use

To become a Member You must be at least 18 years old. Users may access any publicly available content on the Website.

E. Your Rights and Responsibilities

As a Member, You have the following rights:

  1. You retain all Your Intellectual Property (IP) rights in all content You post on the Website. We only claim those rights needed to publish Your content, and only until it is removed.
  2. You may request that We remove Your content in part or in whole at any time, for any reason, or for no reason. We will honor such requests as quickly as practical.
  3. You may post Your previously-published content on the Website, even if it is currently posted elsewhere. However, such previously-published content is only acceptable on KnowABit if it is Your own IP AND it is sufficiently re-worded so as not to be identifiable as duplicate content e.g. by Copyscape. Any duplicate content may be deleted without notice. If in Our sole opinion You willfully publish on KnowABit duplicate content that is already on the Internet, Your account may be revoked and all Your content deleted from KnowABit
  4. You may only post on KnowABit images to which You own the copyright, images that have been released by the copyright owner to the public domain and/or other images which You are legally allowed to use for commercial purposes (with or without attribution).
  5. You may post links on Your member page and/or Your content pages to Your other websites and/or blogs. However, sites You link to must meet the requirements stated in items (4) and (6) in Your responsibilities (below), and where posted on Your content, the content itself must be in compliance with the Terms, and the links must be relevant to the content.

As a Member, you have the following responsibilities:

  1. You are responsible for all activities occurring in connection with, and content posted under, Your Membership. If You discover any unauthorized activity under Your membership, You must alert Us promptly by sending an email alert to admin@knowabit.com. You are responsible to maintain the security of Your password, including choosing a password of sufficient complexity to minimize the risk of its being hacked.
  2. You may not post on the Website any material to which You do not have full rights. We take plagiarism seriously, and any of Your content which is found to have been plagiarized shall be removed without further notice. Repeated offenses may result in termination of Your Membership. Similarly, You may not post on the Website any image to which you do not have the necessary rights.
  3. Your content must contain original, useful information, relevant to the topic and keywords of said content. Your content must not be posted for the sole purpose of promoting another website. Such practice is deemed to be spam and may result in termination of Your Membership. Your content should be in the English language, grammatically correct, and free of typographical errors. Each of Your content pages must contain at least 300 words of original content.
  4. You may not post content, nor links to content You know to contain advice or other information that is deceptive, erroneous, false, or likely to cause physical, mental, or financial harm to others.
  5. When posting reviews or recommendations regarding any product and/or services, you must clearly disclose any benefit your receive for posting such (including e.g. if you received a free item or service for the purpose of the review). At the end of such a review you should post a disclaimer stating the opinions you express are your own. Any links you post to such reviewed items must be “no-follow” links.
  6. You are required to adhere to Google AdSense terms of use, as well as other Google AdSense terms and conditions. As such, for example, You must not click on advertisements placed next to Your own content, nor cause other persons, services, and/or automated software to click on such advertisements and generate false traffic. You must not click on advertisements placed next to any other Member’s content, unless You are truly interested in the advertised goods or services.
  7. You may not post, or link to, any content that is illegal (e.g. defamation, etc.), hateful, racist, obscene, adult-oriented, sexually-oriented, pornographic, or which promotes or enables dangerous or illegal activities as defined by Federal, State and/or local laws. Similarly, You may not post, or link to, gambling sites, or to any malware (e.g. worms, viruses, Trojans, etc.).
  8. You may not hack or attempt to hack the Website, upload any malware, or modify any content that is not Your own without Our approval or that of the owner of that content.
  9. You may not automatically redirect Users to other domains.
  10. You may not exploit (through collection or sale) any personal information You obtain from the Website. You may not send mass email or messages to any Members or Users (spam). You may not post non-public personal information about any person, any information intended to promote or facilitate harassment of any person, and/or any information which breaches any confidentiality or fiduciary obligation.
  11. You may not threaten or intimidate any Members or Users.

F. Copyright Notice

The Website is intended to provide a free publishing platform, where You can post content, retaining Your IP rights. By publishing content on the Website, You grant Us non-exclusive, revocable rights to publish said content. We shall not alter the wording of Your content, but reserve the right to remove Your content, or to remove any links in Your content, that in Our sole opinion are in violation of the Terms.

You may not copy, reverse engineer, or make any other use of layout, design, template, code, or other material of the Website. Users may only make such use of content posted on the Website which is covered by the Fair Use exclusion of copyright law. We do not act as a broker or facilitator between Members and Users.

G. No Employer-Employee Relationship

No employer-employee relationship exists between Us and You. Your submission of content or other materials, and/or the provision of services to Us do not create such a relationship.

H. Revenue From Your Content

We are not in any way responsible for your receipt of any revenue or other compensation. You agree that Your posting content on the Website is a privilege We grant You. You have the right, though not the obligation, to provide Us with Your Google AdSense code. Should You provide said code, We shall allow Google to post ads on Your content pages using Your code to allow 100% of Google AdSense revenue generated by traffic to Your content to be attributed by Google to You. It is Google’s sole responsibility to provide ads for posting on your content pages, and to pay You any revenue from such ads. Until such time as You provide Us with Your Google AdSense code, We are entitled to post Google ads on pages displaying Your content using Our AdSense code, and to retain any and all ad revenue from such ads. We also retain the right to post banner ads and/or relevant affiliate links (e.g. to Amazon) on Your content pages, and all revenue from these shall belong to Us. You are solely responsible for paying any applicable taxes on payments You receive related to Your content (including but not necessarily limited to local, state, federal, and/or self-employment taxes).

Although We may, from time to time, take actions intended to increase traffic to all pages on the Website, including those where Your content is posted, and may offer advice on how to promote Your content, We are in no way required to do so. It is Your sole responsibility to carry out whatever legal marketing activities You choose, to promote Your content, so long as such activities are not prohibited by the Terms. We do not imply or guarantee any amount of revenue to You from Your content.

I. Disclaimers and Limitations

Information You obtain through use of the Services and/or the Website is created by Members, not KnowABit. This information does not replace professional advice and will not form a professional-client relationship between You and Us, and/or You and Members, and/or You and Users.

You acknowledge that We have not, and will not independently verify any Member qualifications and/or any Member claims of expertise and/or specialization. We shall not be held liable for any damages resulting from interpretation of information on the Website. Any content and/or information on the Website is presented “as is” and “as available” without any expressed or implied guarantee of accuracy, effectiveness, validity, and/or suitability for any particular purpose. Information posted on the Website is intended solely for entertainment purposes. If You do not like any content on the Website, You may ignore it. The Services and the Website are not intended to, and do not constitute the unauthorized practice of regulated professions (including but not limited to law, medicine, accounting, counseling, etc.) by Us or Members. If You require professional advice, consult a qualified provider who is licensed in Your jurisdiction. Emergency-related and/or crisis situations must be directed to qualified professionals. We do not participate in, nor mediate conversations between Users and/or Members. We do not control the accuracy, quality, safety, and/or legality of the content posted on the Website.

We do not guarantee the functionality of, or access to the Website at any time. We retain the right to make any changes We deem advisable to the Website, its appearance, and/or its functionality, at any time, without notice. While We will make every reasonable effort to keep the Website operational, and to preserve all content on the Website which adheres to the Terms, We reserve the right to suspend operations of the Website, and/or Your Membership, and/or access to the Website at any time without notice. In any case, We are not responsible for the preservation or backup of any content on the Website. You are advised to retain personal backup copies of all Your content for Your use.

The Website and content posted on it contain advertising and links to third-party sites. We are not responsible for Your use of these links, nor are We liable for any products and/or services sold through them. Links presented on the Website may unintentionally lead to other sites containing information that some people may find inappropriate or offensive; sites which contain inaccurate information, false or misleading advertising; or sites containing information which violates copyright, libel, or defamation laws. We reserve the right to remove any links appearing anywhere on the Website.

You shall not hold Us liable for any damages resulting from, but without limitation to: (1) loss of submitted materials, loss of income from advertising, and/or loss of articles due to technical problems and/or termination of Website operations; (2) use of any information on the Website including “how to” articles, advice, instructions or opinions expressed or implied by the authors of content on the Website by Us, and/or by others; and (3) following links on the Website to other sites.

J. No Warranties

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ONLY THOSE LIMITATIONS AND EXCLUSIONS BELOW WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT OF THE LAW.
THE WEBSITE, SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT ANY WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO INFORMATION OBTAINED BY YOU FROM KNOWABIT THROUGH THE WEBSITE AND/OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED AND/OR ERROR FREE AND/OR THAT THE WEBSITE AND SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES.
WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER’S AND/OR USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE AND SERVICES AND/OR BY A MEMBER AND/OR USER’S INABILITY TO ACCESS THE WEBSITE OR THE SERVICES.

K. Limit On Liabilities

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND/OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, AND/OR LOSS OF BUSINESS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF DATA, OR ANY OTHER LOSS, TANGIBLE OR INTANGIBLE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES, THE INTERNET, AND/OR THIS AGREEMENT. THIS INCLUDES, WITHOUT LIMITATION,

  1. YOUR USE OR INABILITY TO USE THE WEBSITE AND/OR THE SERVICES;
  2. ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE WEBSITE AND/OR THE SERVICES;
  3. ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISION OR DATA;
  4. ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED;
  5. ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE WEBSITE AND/OR THE SERVICES; OR
  6. ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE WEBSITE AND/OR THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMIATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON KNOWABIT, THE WEBSITE AND/OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR THE SERVICES YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEBSITE AND/OR THE SERVICES.

THE WEBSITE AND THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

FOR THE AVOIDANCE OF ANY DOUBT, OUR LIABILITY AND THE LIABILITY OF MEMBERS, TO YOU OR ANY THIRD PARTIES SHALL NOT IN ANY CASE EXCEED $10.

L. Release and Indemnification

You release Us and Our Members, from any and all actions, causes, claims, suits, judgments, damages (actual and/or consequential), debts, demands, expenses, or liabilities (including, but not limited to, reasonable costs and attorneys’ fees) of every kind and nature, known and unknown, arising out of or in any way connected with Your use of the Website and/or the Services, and/or disputes between You and Us, and/or between You and any third party, including but not limited to other Users and/or Members. California Users and Members waive the rights afforded under California Civil Code §1542.

You shall indemnify, defend and hold Us and Our Members, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party that are in any way due to or arising out of Your Membership and/or Your use of the Services or conduct on the Website. We shall provide You reasonable notice of such claims. In connection with Your obligations set forth herein, You agree that KnowABit may identify and engage counsel of its choosing.

M. Conflict of Language, Severability, and Governing Law

The Terms set forth herein constitute the complete Agreement between You and Us. In the event of any conflict between the Website and this Agreement, the Terms of this Agreement will prevail.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, while the other provisions shall remain in full force and effect. Any legal action arising out of or related to the Services must commence within one (1) year after the cause of action arose.

You may not assign this Agreement to any other party. We shall not be deemed to have waived any of Our rights or remedies unless such waiver is written, signed by Us and delivered to You.

This Agreement and any claims relating to Us shall be governed by, and construed in accordance with the laws of the State of Maryland, without regard to any conflict of law provisions now existing, and/or enacted in the future. You irrevocably agree that the courts of the State of Maryland shall have exclusive jurisdiction in relation to any claim or dispute concerning the Website or Your use of the Website and the Services, and agree that the venue for any action resulting from this Agreement or the use of Our Services shall be in the State of Maryland, waiving any and all jurisdictional, venue, and/or inconvenient forum objections.

N. Miscellaneous

These Terms constitute the complete and exclusive statement of the agreement between You and Us with respect to the Website and the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between You and Us concerning the Website and the Services. These Terms, to any extent legally and practically possible, shall survive any termination or expiration of this Agreement;

No waiver of any term, provision or condition of these Terms in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that if We do not exercise or enforce any legal right or remedy contained in these Terms (or which We have the benefit of under any applicable law), this will not be taken to be a formal waiver of Our rights and that those rights or remedies will still be available to Us;

If any action in law or in equity is necessary to enforce the Terms, the prevailing party will be entitled to actual fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled;

No provisions of the Terms are intended, nor will such be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any User, Member, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between You and Us; except that section labeled “Release and Indemnification” is intended to benefit Us;

We may assign Our rights and duties under these Terms to any party at any time without notice to You. You may not transfer or assign any of Your rights and duties under these Terms without Our prior written consent;

You agree that We may provide You with any notices by e-mail, regular mail, or postings through the Website.

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