Kantata Terms of Use
1. Introduction
Welcome to Kantata. The following are the terms and conditions for use of this Kantata service, which can be found at www.Kantata.com (the "Service" or "Site"). If you believe that any content or activity on the Site violates any of these Terms, please e-mail info@Kantata.com immediately. Kantata reserves the right to refuse service to anyone at any time without notice for any reason.
2. Definitions
i. A "User" is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms "you" and "your" refer to you, as a User of the Site. The terms "we", "us" and "Kantata" refer to Kantata, Inc., a Delaware corporation. "Terms" or "Terms of Service" refer to the terms contained in this Agreement.
ii. "Content" means text, images, photos, audio, video and all other forms of data or communication. "Your Content" means Content that you submit, post, or transmit to, or are using on, the Site, such as communications, workspace posts, reviews, compliments, information that you display as part of your account profile, invitations, or other data that you may submit, post, or transmit to, or are using on, the Site. Your Content does not include the information that you submit in order to create an account on the Site. "User Content" means Content that Users submit, post, or transmit to, or are using on, the Site. "Kantata Content" means Content that is created by Kantata and made available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than Kantata or the Users, such as data providers that license data for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content and Kantata Content.
iii. “Public Content” means the information that you submit or post to the Kantata Sites for public display, such as information that you display as part of your public profile or any other social or public submission areas that Kantata might make optionally available for you in the future.
iv. “Private Content” means the “User Content” that you submit, post, or transmit to the non-public areas of the site, including but not limited to secure workspaces.
3. Acceptance
By using our Site in any way, you are agreeing to comply with and be bound by the following Terms and any related "Agreements" (which include, without limitation, the Privacy and Security Policy and if applicable to you, the User Agreement and all rules or policies posted on the Site). Please review the following Terms carefully. If you do not agree with the Terms or any of the related Agreements in their entirety, do not use the Service. You must be at least 18 years old to use this Service. You have the right to have a record of these Terms and any related Agreement you enter into with Kantata made available on paper form upon request for no additional fee. Simply e-mail info@Kantata.com with such a request.
4. User Accounts
You represent that you are authorized to create and access an account. Through the user process, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, account data and password.
You agree to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Kantata accounts. You agree that you are solely responsible for all acts or omissions that occur under your account or password, including the Content of your account as used throughout the Service. You will immediately notify Kantata of any unauthorized use of your password or account.
You are prohibited from soliciting Users of this Site including Consultants for any purpose (including inviting other Users to contact you outside the Site or inviting Consultants to participate in a competing website) except with advance written consent. Without limiting any other remedies, Kantata may suspend or terminate your account if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of these Terms or any related Agreements with Kantata.
5. Restrictions on Use
You agree that you will not:
i. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment or defrauding of another person, or otherwise interfere with another User's use of the Site;
ii. use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
iii. use the Site for promotional or commercial purposes, except as expressly permitted by Kantata;
iv. use the Site in a manner that may create a conflict of interest, such as soliciting shill reviews;
v. use the Site for keyword spamming or to otherwise attempt to manipulate search results;
vi. use the Site to promote bigotry or discrimination against protected classes;
vii. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
viii. use the Site to transmit or post pornography or illegal content;
ix. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
x. use the Site in violation of the Terms, any applicable law, or any sanctions laws.
xi. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Kantata;
xii. reverse engineer any portion of the Site, except as may be permitted under the law;
xiii. remove or modify any copyright, trademark, or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
xiv. record, process, or mine information about other Users;
xv. use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index the Site or any Site Content;
xvi. access, retrieve, or index the Site to construct or populate a searchable database of business;
xvii. reformat or frame any portion of the Site;
xviii. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Kantata's technology infrastructure;
xix. attempt to gain unauthorized access to the Site, User accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, "Viruses"); use any device, software, or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network or to crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site; or
xx. use the Site to consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance, or regulation.
6. Kantata is a Venue; Release
Kantata acts as a venue to allow Users to engage with each other in online workspaces. Kantata is not involved in the actual conversation between Users. Kantata does not edit, modify, filter, screen, or otherwise monitor the content of questions, projects, submissions, deliverables, profiles, qualifications, or comments or have any obligation to monitor the Content. As a result, we have no control over the quality, safety, or legality of the User Content , the truth or accuracy of the User Content, the ability of parties to provide quality deliverables, or the ability of parties to pay for services delivered. Kantata cannot ensure that a party will actually complete a transaction. Because we are a venue, in the event that you have a dispute with one or more Users, you release Kantata (and our officers, directors, agents, parents, subsidiaries, joint venturers and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR".
7. No Assurances Given From and No Reliance on Term "Consultant"
Throughout this Site, certain terms, including "Maven", "Expert", "Consultant," or "Advisor" may be used to refer to someone who claims to have certain knowledge, background, or experience that may be useful in responding to a question or project posed by a User. Use of such terms provides no assurance that the person providing services on Kantata has any expertise or qualifications to give such advice. You acknowledge that Kantata is not obligated to independently verify his or her qualifications. If you believe that a deliverable that you receive from a party is not what you requested for any reason, your sole remedy is to disregard the deliverable and not pay for it. Notwithstanding the foregoing, Kantata reserves the right, but is not obligated, to remove any Content that it believes violates any of these Terms, including, without limitation, any objectionable or personally identifiable information.
8. Identity Verification
Because user verification on the Internet is difficult, Kantata cannot and does not confirm each User's purported identity and may not be held liable or responsible for any damages sustained or incurred by you due to any User’s negligent or intentional concealment of his, her, or its proper identity.
9. Monitoring
Kantata is under no obligation to monitor the Site or any Site Content. However, we reserve the right to investigate possible violations of the Terms of Service, block Users from the Site and refer matters to law enforcement authorities for further investigation. Kantata may disclose information to third parties, including Your Content, in accordance with its Privacy and Security Policy.
10. Feedback.
i. Dissatisfaction. If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team through designated feedback areas of the Site or sending comments to info@Kantata.com. Your input is valuable to us.
ii. Suggestions and Improvements. By sending us any ideas, suggestions, documents and/or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
11. Information Control and Storage
We do not control the information provided by Users made available through our system. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that Kantata is not responsible for the acts or omissions of Users on the Site. You further hereby agree that Kantata is not responsible or liable for the deletion or failure to store information.
12. Exclusion of Warranties
Kantata SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. Kantata DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Kantata DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE, OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL Kantata BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS CONSULTANTS OR OTHERS), OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE.
13. Limitation of Liabilities
IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, OR THIS AGREEMENT BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION ON THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY and THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES and SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
14. Indemnification
You agree to indemnify, defend and hold Kantata, any and all parent, subsidiary, or affiliate organizations, officers, agents and employees, 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 use of or conduct on the Site or Service. Kantata shall provide you reasonable notice of such claim.
15. Termination or Suspension of Service
We reserve the right to terminate your service at any time without cause or notice. In addition, we reserve the right to suspend your account indefinitely if we suspect any fraudulent or inappropriate activity is being conducted through the use of the Site (such as, for example, unauthorized use of a credit card) and such suspension will remain in effect until we are satisfied in our sole judgment that such activity is not occurring. Kantata shall have no obligation to maintain any Content in your account. Notwithstanding anything to the contrary, if a signed agreement exists between Kantata and a paying User and such signed agreement has a termination section or a clause related to termination, the termination of signed agreements and corresponding Use will be governed by the termination language in the signed agreement.
Kantata reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Termination does not affect your liability or obligations under this Agreement.
16. No Endorsement of Non-Kantata Entity ; No Relationship with Users
Kantata may endeavor to offer to its Users products and services offered by non- Kantata entities. Placement of information, logos, links, or names of such non- Kantata entities on the Kantata Site does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold Kantata harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Kantata or between any User (including Clients and Consultants) and Kantata by formation of this Agreement (or any of the related Agreements) or by your participation on the Site.
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM ANY CLIENT, CONSULTANT, OR THIRD PARTIES, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. THE MATERIALS AND CONTENT PROVIDED BY Kantata AND ITS PROVIDERS ARE NOT INTENDED TO AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. REGISTRATION OR ENROLLMENT FOR THE SERVICE AND ACCEPTANCE OF A NEW ACCOUNT DOES NOT CREATE A PROFESSIONAL-CLIENT RELATIONSHIP AND ARE NOT THE SUBJECT OF PRIVILEGE AND CONFIDENTIALITY STANDARDS ASSOCIATED THEREWITH.
17. Proprietary Rights of Content
You acknowledge and agree that Kantata owns the rights to its website www.Kantata.com and all Content displayed on the Site. You acknowledge that all Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements, or email-distributed, commercially produced information presented to you by the Service, by Kantata, Kantata Users, Kantata advertisers, or other Content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way Content available through the Service, including code and software for commercial purposes. For permission to use third party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any Content, document, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
18. Disputes, Assignment and Governing Law
These Terms and the related Agreements constitute the complete and exclusive statement of the Agreement between you and us. If there is a conflict between an oral representation of any Kantata employee or agent and the Terms of this Agreement, the Terms of this Agreement will prevail. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, the Terms of this Agreement will prevail.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You and Kantata agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You may not assign this Agreement or any rights hereunder to any other party. Kantata shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on the part of Kantata in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Each party using our Site or Service agrees to the exclusive jurisdiction of the courts of the State of California and agrees that venue for any action resulting from this Agreement or the use of our Service shall be in Orange County, California and waives any and all jurisdictional, venue, or inconvenient forum objections.
19. Contact and Violations.
Please contact us with any questions regarding the Terms. Please report any violations of the Terms to our legal department through the contacts page orinfo@Kantata.com.
20. Marks.
Kantata and the Kantata logo, including the "K" symbol, are proprietary service marks of Kantata, Inc.