Terms of Service
Terms of Service – Kingdom Keepers Insider
Effective Date: March 28, 2013
Colliloquy, LLC (“we” or “our”) provides services through our digital platform for interactive ebooks and applications that operate on the Kindle, Nook and other mobile devices, as well as through our websites (individually or collectively, our websites and our digital platform are referred to herein as the “Services”).
In order to access some features of the Services, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Coliloquy or others due to such unauthorized use.
All of the written works in this site are the property and exclusive copyright of their author(s), or owner(s), and we take no responsibility for the contents of the written works published herein. If you have an issue with any of the written works here, please contact us at firstname.lastname@example.org.
Notify Us of Infringers
If you believe that something on our Services violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice:
- provide your physical or electronic signature;
- identify the copyrighted work that you believe is being infringed;
- identify the item on our Services that you think is infringing your work and include sufficient information about where the material is located on our Services (including which website) so that we can find it;
- provide us with a way to contact you, such as your address, telephone number, or e-mail;
- provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Services; and
- provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
645 Harrison Street, Suite 200
San Francisco, CA 94107
Phone: (650) 380-2812
Fax: (650) 323-1016
Again, we cannot take action unless you give us all the required information.
As an account holder you may have opportunities to submit content relating to Kingdom Keepers and The Return, including but not limited to stories, poetry, and poll answers. Content you and other account holders submit is collectively referred to as "User Submissions." In some cases, account holders may be invited to provide input regarding future plots, such as by voting on options the author presents. In other cases, you may have the opportunity to post answers to questions from the author or to submit specific phrases, sentences, dialogue, or scenes in response to the author’s call for input. Calls for input can be made by the author at any time. Calls for input will be open for a specified period of time. At the end of the designated time period, the author or his designee will review and score the User Submissions. Unless the call for input specifies a different process, User Submissions will be scored by awarding up to 20 points in each of the following categories:
- Effectiveness: How well did the User Submission respond to the specifics of the call for input?
- Creativity: Did the User Submission respond to the call for input in a unique and memorable way?
- Fit: How well did the User Submission reflect the tone and characters of the associated series?
There are no prizes for getting the highest score in response to a call for input, but one or more of the top-scoring User Submissions will be recognized on the “What’s New” page and on the user’s account page. User Submissions may also be considered for inclusion in the associated book. If your User Submission is included, you will receive credit in a special section of the book.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Services and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to us, you hereby grant us and our licensees, distributors, publishers, agents, representatives and other authorized users a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, fully-paid, sub-licensable and transferable license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights other intellectual property rights you own or control to use, reproduce, transmit, distribute, display, exhibit, index, comment on, modify, create derivative works based upon, perform and otherwise exploit the User Submissions, and the ideas, concepts and suggestions they contain, in connection with the Services and in any and all works of authorship made available through the Services, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes. You also hereby waive any moral rights you may have in your User Submissions and grant each user of the Services a non-exclusive license to access your User Submissions through the Services. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted, until such time as the Services are finished, at which time, all User Submissions shall be deleted.
In connection with User Submissions, you further agree that you will not submit material that violates any of the General Prohibitions outlined below, or that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Coliloquy all of the license rights granted herein.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We reserve the right to remove User Submissions without prior notice.
Comments and Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
You agree not to do any of the following while using the Services or Coliloquy Content:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) contains personally identifiable information; or (viii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Services, or any individual element or materials within the Services, our name, any our trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without our express written consent;
- Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any aspect of our system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or Coliloquy Content;
- Attempt to access or search the Services or Coliloquy Content or download Coliloquy Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera) or generally available mobile devices (such as the iPad or iPhone);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or product name without our express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Coliloquy Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Coliloquy Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COLILOQUY AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE SERVICES OR THAT COLILOQUY WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICES ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICES OR ANY CONTENT OBTAINED FROM THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
NEITHER COLILOQUY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE OR THE SERVICES DESCRIBED HEREIN SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR: (a) ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, ANY OF THE WEBSITE, OR THE CONTENT THEREON; (b) ANY OF THE MATERIALS PROVIDED BY COLILOQUY OR THIRD PARTIES THROUGH ANY OF THE WEBSITE OR THE SERVICE; OR (c) ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100.00).
Controlling Law and Jurisdiction
YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.