Website Use Terms and Conditions

PLEASE DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THESE WEBSITE TERMS AND CONDITIONS.

These website terms and conditions apply solely to websites owned or operated by Known Presence, a unit of OneVideo Technology Corporation (respectively "Known Presence", "OneVideo", and collectively "we", "us", and "our"). Other information and/or services we provide may have additional terms and conditions regarding your use, and nothing in these terms and conditions shall substitute for, preempt, or modify such additional terms and conditions.

Limited Right To Use Grant
We grant to you our permission to access information on this website exclusively for your private use, without regard or limitation as to the original or subsequent form such information may take or in which media it may be presented ("Content") provided that you meet and observe all of the following conditions:

  1. Any copies shall be used only for your internal, non-commercial use;
  2. Any copies must include the following copyright notice: "Copyright 2012 Known Presence, a OneVideo Company. All rights reserved";
  3. Permission is granted only to the person legally accessing this server and is not transferable to any other person or across international boundaries.
  4. You may not otherwise use, modify, copy, print, display, reproduce, distribute, manipulate, or publish any Content from this site without our express prior written permission.

Without our express prior written authorization, you may not:

  1. re-host any or any portion of Content from our website(s);
  2. use any data mining technique (including, but not limited to, "bots" or robots, scrapers, and promiscuous proxies), hardware or software modules that add a specific feature or service another system ("plug-ins"), or other data gathering or extraction tools, programming, or methods on this site;
  3. use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with what we consider the proper working of this site, server or activities conducted;
  4. take any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects our network or other customers;
  5. decompile, reverse engineer, modify or disassemble any of the software in or associated with the website(s), server(s), and/or network(s) on which they rely;
  6. use any meta tags or any other "hidden text" including our names or any trademark of ours, including mistakenly spelled or decorated versions thereof, without our prior written permission;
  7. frame or use framing techniques to enclose any trademark, logo, or other information proprietary to us or use any trademark of ours except as set forth herein; or
  8. otherwise exceed your limited access to the site as authorized by us.

We reserve the right to modify, reject or eliminate any information residing on or transmitted via our website(s) and server(s) that we, in our sole discretion, believe is unacceptable or in violation of these terms and conditions and to suspend or end your right of access and the provision of any service for any operational or governmental reason or violation of these terms and conditions. We reserve the right to take legal action against unauthorized uses of this site, its supporting infrastructure, and/or information anywhere on this website, whether or not visible to or readable by a human, by a person or entity that is not the user we authorize.

The Content may contain other proprietary notices or describe products, services, processes or technologies owned by us or third parties. Except for the foregoing limited license to make and internally use copies of the Content, nothing contained herein shall be construed as granting to the user a license to any copyright, trademark, patent or other intellectual property right of Known Presence, OneVideo or any third party.

Trademarks & Intellectual Property
Known, Known Presence, OneVideo, the Known Network service and product names in this site, and the other trademarks, logos, and service marks (collectively the "Trademarks") used in this site are property of and trademarks of OneVideo Technology Corporation or their respective owners. Nothing contained in this site should be construed as granting a license or right of use for any Trademark without prior written permission from us or the respective owner.

User Identity & Authorizing Credentials
If you access the site anonymously, you may do so as a visitor and will not be required to create a user name or provide login credentials. We reserve the right to negotiate and recall identity authentication and tracking credentials that can inform us of visitors returning to our website, including but not limited to technologies known as IP addresses, cookies, certificates, and third-party authentication interfaces. We reserve the right to block or disallow access to the site, in whole or in part, and to provide differentiated content for any visitor. Accessing some portions or services on the site may require you to provide specific and/or personally-identifying information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your user name, password, and other credentials and will be solely liable for any use or unauthorized use under such user name, password, and credentials. We may suspend or terminate access under your credentials at any time with or without notice.

Consent to Monitoring and Disclosure
We are under no obligation to monitor the Content and any other information residing on, transmitted to, or accessible via its website(s) and server(s). Anyone using this server agrees that we may monitor the server contents to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly; or (3) to protect the server, the website(s) and their users. We reserve the right to modify, reject or eliminate any information residing on or transmitted via our server(s) and/or website(s) that we, in our sole discretion, believe is unacceptable or in violation of these terms and conditions and to suspend or selectively end service for any operational or governmental reason or violation of these terms and conditions.

Submission of Ideas
We welcome your comments about our site, Content presented, our products, and our services ("Comments"). We encourage on-topic comments and discussion on some web pages and in social network media in which we participate. We ask for you to recall that these mechanisms are public fora and limit your Comments to your experiences with our company, site, products and services. Please use care so to not post or send unsolicited creative ideas, suggestions, or materials, including but not limited to creative artwork, samples, feedback, data, answers, questions, comments, suggestions, plans, ideas for new products, promotions, product names, advertising campaigns, technologies or processes ("Ideas"). The Comments and Ideas that you may submit shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Known Presence or OneVideo for any purpose whatever. We make no assurances that your Comments and Ideas will be treated as confidential or proprietary. Please note that Comments and Ideas you put into a public fora are freely available for others (including and not limited to us) to copy, use, modify, disclose and distribute without restriction for any purposes whatsoever, commercial or otherwise, without compensation to you.

Linking to Our Website
In addition to using social media networks on which Known Presence participates as a subscriber, you may link another website to our site, subject to the following guidelines:

  1. You must link only to our knownpresence.com homepage, and not link to pages or URLs referring more deeply within the site.
  2. Links to Known Presence must not appear connected to any other logos and graphics or, without prior written approval, imply a connection with Known Presence.
  3. A link to Known Presence must not be used in any way that implies an endorsement by us of any third party or their product or service.
  4. You may only use a text hyperlink, and may not use our logos, artwork, or graphics without express written permission.
  5. Our trade names must not be associated with unfair, deceptive or libelous advertising, commentary, or speech or used in any way that could tend to injure or compromise our professional reputation, corporate identity, and/or policies.
  6. Your text hyperlink must include the following company name: Known Presence®. No stylization is permitted.

Disclaimer of Liability
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. KNOWN PRESENCE, ONEVIDEO, AND THEIR AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THESE SERVERS OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KNOWN PRESENCE AND ONEVIDEO DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL KNOWN PRESENCE OR ONEVIDEO BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT, THESE SERVERS, THE INTERNET GENERALLY, OR THE INACCESSIBILITY OF ANY OF THESE FOR ANY OR NO REASON.

Disclaimer of Endorsement
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. Product and service information is the sole responsibility of each individual vendor. We are not responsible for the practices of other websites or any information, content or service you may read or obtain elsewhere.

Changes
Information posted on the site is subject to change without notice. In addition, these terms and conditions may be changed at any time without prior notice. We will make such changes by posting them on the site. You should check the site for such changes frequently. Your continued access to the site after such changes will conclusively demonstrate your acceptance of those changes.

No Warranties
MATERIAL ON THESE WEBSITES AND SERVERS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT GIVEN BY KNOWN PRESENCE, ONEVIDEO, THEIR AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER KNOWN PRESENCE, ONEVIDEO, NOR THEIR AFFILIATES WARRANT THAT THE CONTENT ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Indemnification
You agree to indemnify, defend and hold harmless Known Presence and OneVideo, their employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney's fees and costs, arising from or related to any breach by you of any of these terms and conditions or applicable law.

Governing Law
Except for trademark and copyright matters governed by the federal laws of the United States, the provisions listed above shall be governed by and construed in accordance with the substantive laws of the State of Delaware, without regard to the principles of conflict of law thereof.

December 2011