Read these Terms and Conditions carefully before using this website.
It is very important that you (and your parents, if you are under 18) review the following rules so that you know what you can and cannot do on the Kerpoof website. By your using this site, you (and your parents if you are under 18) agree to abide by the following Terms and Conditions.
| Summary |
The Kerpoof community consists of people of all ages and all backgrounds. As a guest of Kerpoof, you agree to be respectful to everyone in the Kerpoof community. You agree not to do things that would offend other guests of Kerpoof. You agree not to do things to take away from the value of Kerpoof, or to use for your own gain any of the things created by other guests of Kerpoof, by the developers of Kerpoof, or by the various others who have contributed materials to Kerpoof. You agree to follow these rules:
As a guest you do not own the accounts, activities, items, or artwork on the Kerpoof site; they are for you to use while on the site, and only as intended beyond the site (e.g., to share artwork with others or to print and color scenes). You cannot sell or trade anything that comes from Kerpoof. You do not own anything that you create with Kerpoof, and you agree not to assign any value to the time you spend doing anything on the site, or to anything that you create by spending time on the site.
You can display artwork you create on Kerpoof and otherwise use such artwork for limited, personal, noncommercial purposes as long as you label it "Copyright 2006 Kerpoof, LLC; Used With Permission." If you display it on a webpage, the webpage cannot sell ads or otherwise earn money for you or for anyone else. No other use of Kerpoof copyrighted material, including artwork, is allowed.
The people who visit Kerpoof are of all ages and backgrounds. Therefore, all user content and communication on the Kerpoof site is filtered and monitored. You understand and agree that you will not post or send through the site any words, images or links containing or relating to:
This is a free website, and we reserve the right to deny the use of the site to anyone, at any time, and for any reason.
Anything you create with Kerpoof is owned by Kerpoof, not by you. There is no guarantee that anything you create on Kerpoof or store on Kerpoof will be available for any particular period of time. By using Kerpoof, you agree that anything you create can be used by Kerpoof in any way and at any time. If you send us comments or suggestions, you also agree that those belong to Kerpoof and can likewise be used in anyway and at any time. However, Kerpoof will protect your personal information, especially your personally identifiable information such as your name or email address, per the Kerpoof Privacy Policy.
| Actual Terms and Conditions |
This website (the Site) is fully controlled and operated by Kerpoof, LLC (referred to below as "Kerpoof," "we," "us," and "our"). By accessing and using this Site, you agree to be legally bound by these Terms and Conditions. If you do not agree to these terms, you must not use the Site. We reserve the right, at our sole discretion, to change, modify, add to, or otherwise alter these Terms and Conditions at any time. Such changes and/or modifications shall become effective immediately upon their posting, so please review the Terms and Conditions posted at this link periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the Kerpoof Privacy Policy.
All Site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Materials") are the property of Kerpoof, LLC and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
Users are not permitted or authorized to copy, reproduce, republish, upload, post, transmit, or distribute Materials (or any portion thereof) in any way or by any means, except that you may download and make appropriately limited copies of appropriately limited portions of the Materials for your personal, noncommercial use only, provided you include "Copyright 2006 Kerpoof, LLC; Used With Permission" on every object containing copyrightable elements and you keep intact other proprietary notices. Modification of Materials or use of Materials for any other purpose is a violation of Kerpoof's copyright and other proprietary rights. For purposes of these Terms and Conditions, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, services, or other inappropriate content) is strictly prohibited. Kerpoof hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, appropriately limited copies of appropriately limited portions of the Materials that are downloadable from this Site, including, without limitation, any files, audio, or images incorporated in or generated by or in conjunction with the Site, provided that the notice "Copyright 2006 Kerpoof, LLC; Used With Permission" accompanies all copyrightable Materials. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without Kerpoof's express prior written consent. Unauthorized or prohibited exploitation of Materials may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Kerpoof respects the intellectual property of others, and we ask our users to do the same. Kerpoof may, at its sole discretion, terminate the accounts of users who infringe the intellectual property rights of others.
To the extent that portions of this Site provide users an opportunity to post and/or exchange artwork, information, ideas, and opinions ("Postings"), please be advised that Postings do not necessarily reflect the views of Kerpoof. Although we periodically monitor posted information, in no event does Kerpoof assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere. Thus, users remain solely responsible for the content of their messages and postings. Nonetheless, Kerpoof will make reasonable efforts to ensure that the Postings serve the best interests of all users and, therefore, Kerpoof reserves the right to edit, delete, or refuse to publish any Posting that violates these Terms and Conditions, as well as revoke the privileges of any user who does not comply with these Terms and Conditions.
You hereby understand and agree that Kerpoof does not allow Postings
that contain:
You hereby further agree that you will not upload to, distribute through, or otherwise publish through or in conjunction with the Site, any Postings that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability. Moreover, you hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain.
Kerpoof may be used for noncommercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, advertising (free or paid in money or other compensation), or solicitations of any kind or nature. You specifically acknowledge that soliciting other Kerpoof users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited.
You (and your parents, if you are under age 18) hereby authorize us to use, and authorize others to use, your Postings and submitted opinions and materials in whole or in part, in perpetuity in any place and in any form, medium, or technology (now known or hereafter developed or devised) alone or together or as part of other Materials of any kind or nature. Without limiting the foregoing, you hereby grant to Kerpoof the right to use and change the Postings in any manner that Kerpoof may determine.
You agree to use only standard web browsers, such as Microsoft's Internet Explorer, Mozilla's Firefox, or Apple's Safari, to upload or download any Materials to or from the Site. You agree not to use any automated tools to upload or download any data from the Site.
The Site and all materials contained on it are distributed and transmitted on an "as is" and "as available" basis, without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, Kerpoof disclaims all warranties, express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. Kerpoof does not warrant that the functions contained in the Site or Materials will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers that makes it available are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
To the fullest extent permissible pursuant to applicable law, Kerpoof, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site will not be liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the materials contained on this Site, whether the material is provided or otherwise supplied by Kerpoof or any third party.
Notwithstanding the foregoing, in no event shall Kerpoof have any liability to you for any claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceeding the amount paid by you, if any, for accessing the Site, unless otherwise agreed to in writing by Kerpoof.
The appearance of external hyperlinks and/or other materials generated by third parties does not constitute an endorsement by Kerpoof, its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. Kerpoof explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, Kerpoof is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Kerpoof nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites.
Kerpoof encourages discretion when browsing the Internet using anyone's service. Because some sites employ automated search results or otherwise link to sites containing information that may be deemed illegal, inappropriate or offensive, Kerpoof cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. You acknowledge that there are various software and other devices available that can limit computer access to sites or content that may be deemed inappropriate or offensive and that you have acquainted yourself with such devices and have availed yourself of their use to the extent that you have any concerns about such content. Thus, under no circumstances will Kerpoof be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
Kerpoof cannot ensure that you will be satisfied with any products or services that you obtain from a third-party site that links to Kerpoof or that Kerpoof links to, since such sites are owned and operated by third parties. Kerpoof does not endorse any of the merchandise or services, nor has Kerpoof taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Kerpoof does not make any representations or warranties as to the security of any information (including without limitation, credit card and other personal information) you may be required to provide on a third-party site, and you hereby irrevocably waive any claim against Kerpoof with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Kerpoof, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Site. By agreeing to these Terms and Conditions, you agree to cease and desist immediately from any attempt to access the Site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Site.
You agree to indemnify, defend and hold harmless Kerpoof, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you. Kerpoof reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Kerpoof in asserting any available defenses.
Kerpoof operates and controls the Site from its offices in Boulder, Colorado, in the United States of America. Kerpoof makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
These Terms and Conditions contain the entire understanding of the parties hereto relating to the subject matter hereof. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Kerpoof if, in its sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all Materials obtained from this Site (or any other website or source), and all copies thereof, whether or not made under the terms of this Agreement.
If any provision of this Agreement is deemed unenforceable by law, then such provision will be deemed stricken from this Agreement, unless it can be modified by a court so as to render it enforceable consistent with the intent of the Agreement. If any provision is deemed stricken from this Agreement, the remaining provisions will continue in full force and effect.
The Terms and Conditions and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Colorado applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the site shall be filed only in the state or federal courts located in the County of Boulder, in the State of Colorado. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Kerpoof reserves the right to change its Terms and Conditions at its sole
discretion. Kerpoof visitors will be informed of any such change by
Kerpoof posting new Terms and Conditions on its website. Governance of
Materials created or supplied by users shall continue to be according
to the Terms and Conditions that were in effect when said Materials
were created or supplied.
These Terms and Conditions are effective: December 1st, 2006.
Kerpoof and all related indicia are trademarks of Kerpoof, LLC.