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Please read this page carefully. These are the rules that govern the social network know as komback. By using komback, you agree to the rules and obligations we describe in the these terms of services(which we will call the TOS).We provide you with access to komback in consideration of certain rights and permissions you provide to us, as described below, in connection with your becoming a Komback member.
By using komback, you agree to the TOS, Which may be updated by us from time to time without notice to you. In addition, which using particular komback owned and operated services, you shall be subject to any posted guidelines or rules applicable to such services, which guidelines or rules also may be modified without prior notice from time to time.
KOMBACK RESERVES THE RIGHT TO BUT NOT LIMITED IN REMOVING ANY MEMBER FOR ANY OR NO REASON FROM THE KOMBACK NETWORK.YOU ACKNOWLEDGE AND AGREE THAT KOMBACK MAY STORE,REMOVED INFORMATION AT ITS SOLE DISCRETION.YOU ACKNOWLEDGE AND AGREE THAT KOMBACK SHALL HAVE A RIGHT TO DISPLAY PUBLIC INFORMATION OF REMOVED ACCOUNTS.YOU ACKNOWLEDGE AND AGREE THAT KOMBACK IS NOT LIABLE FOR ANY LOST OR INTENTIONALLY DELETED INFORMATION OR DATA.
REGISTRATION DATA AND CERTAIN OTHER INFORMATION ABOUT YOU IS SUBJECT TO OUR PRIVACY POLICY. By USING THE SERVICE YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE TERMS OF THE PRIVACY POLICY.
SUMMARY OF RULES AND POLICIES TO WHICH YOU AGREE AND PERMISSIONS YOU PROVIDE TO US OR TO OTHERS THROUGH US
We discuss below, in more detail, the various aspects of the TOS. However, these include:
The services we do or might provide to you and other members and that other businesses we authorize or might provide,
Security for your account and password.
Our rights in the komback name and services,
Your promise to adhere to the TOS and certain of the consequences of not doing so,
The rules of conduct that we and others in our on-line community expect all members will follow
The use and disclosure you agree that we or others we authorize may make of content(which we define below)that you or other members provide on or through komback,
Your promise to protect us against any damages that we or others might be caused by any violations by you of the TOS,
Certain important disclaimers of warranties and limitations of any potential liability we might have to you, and
Others, important aspects of the TOS and, therefore, your agreement with us.
Komback provides its members with access to a rich collection of resources, including various communications tools, forums, third-party promotional(advertising)campaign tools, networking services, blogs, events, attachments, search services, personalized content and branded programming through its network or properties which may be accessed through various mediums or devices now known or hereafter developed(the service)You understand and agree that the service may include advertisements and other third party promotional materials, campaign and tools(including without limitation cookies, flash cookies, beacons, and similar devices used by komback or third parties),and the advertisements, promotions and related activities are necessary and essential for komback business and, therefore, for komback to be able to continue to provide the service to you and its other members, you also understand and agree that the services may include certain communications from komback, such as services announcements, administrative messages, invitations to participate in promotional activities and the komback newsletter. Receiving these communications is a condition of your komback membership, and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current service, including, but not limited to ,the release of new komback features, applications and promotional campaigns, shall be subject to the TOS. You acknowledge and agree that the service is provided AS-IS and that komback assumes no responsibility for the timeless, that access may involve third party fees(such as internet service provider or airtime charges)you agree that you are responsible for such fees, including but not limited to any fees associated with the display or delivery of advertisement. In addition, you must provide and are responsible for all equipment necessary to access the service.
You will receive a password and account designation upon completing the services registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to(a)immediately notify komback of any unauthorized use of your password or account or any other breach of society, and(b)ensure that you exit from your account at the end of each session. You acknowledge and agree that komback is not liable for any loss or damage arising from your failure to comply with the TOS.
You acknowledge and agree that komback does not claim ownership of content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant komback the following perpetual, assignable, world-wide, royalty free, sublicensable and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purpose for which such Content was submitted or made available and for any promotional and commercial purposes by komback and its affiliates or by third parties at komback’s sole discretion. For the avoidance of doubt, komback may continue to make available such Content on the network and komback will continue to have the aforementioned rights even if your account is terminated.
With respect to Content you submit or make available for inclusion in areas only accessible by other Members as selected by you, you grant such other Members a perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purpose for which such Content was submitted or made available and for any other purpose in connection with promotional campaigns run and made available by komback at komback’s sole discretion. For the avoidance of doubt and for illustration purposes, komback may continue to make available such Content on the network for the stated purposes and komback will continue to have the aforementioned rights even if your account is terminated.
You acknowledge and agree that Members whom you accept or designate as Friends will have access to some or all of your Content. You acknowledge and agree that in connection with the Service or komback‘s promotional activities, your friends may cause some or all your Content to be published to other Members or to third parties authorized by komback to use or access Content.
For purposes of these TOS, publicly accessible areas of the Service are those areas of the komback network of properties that are intended by komback to be available to the general public. By way of example and not limitation, publicly accessible areas of the Service would include komback Message Boards, profile blogs, etc. However, publicly accessible areas of the Service would not include komback services intended for private communication such as Private Messages, or areas off of the komback network properties such as portions of World Wide Web sites that are accessible through hypertext or other links but that are not hosted or served by komback.
You acknowledge and agree that your feedback, comments and suggestions about komback may be used without any obligation to compensate you for them. Your further acknowledge and agree that your feedback, comments and suggestions are completely voluntary.
In consideration of your use of the services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the applicable state and/or federal laws of the United State. You also agree to(a)provide true, accurate, current and complete information about yourself as prompted by the service’s registration form(such information being the Registration Data)and(b)maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if komback has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or otherwise violates the letter or spirit of the TOS, you acknowledge and agree that komback may, in its sole discretion, suspend or terminate your account and refuse any and all current or future use of the services(or any portion thereof). Note also, that komback reserves the right to suspend or terminate any member or account for no reason. You acknowledge and agree that komback is not liable for any information lost including but not limited to, images, friendship connections, etc.
You acknowledge and agree that all information, data, identifiers of you or others you identify as friends,text,photographs,graphics,artworks,video,images,messages or other materials(content),whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. You acknowledge and agree that komback is not responsible for any content that you upload, post, email, transmit or otherwise make available via service. You acknowledge and agree that posted. komback does not control the content posted via the service and, as such, does not control the accuracy, integrity, quality or any aspect of such content. You understand that by using the service, you may be exposed to content that is offensive, indecent or objectionable. You acknowledge and agree that under no circumstances is komback liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the services.
You agree not to use the service to:
collect or store personal data about other members.
harm minors in anyway, upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous defamatory, vulgar, obscene, libelous, invasive of another privacy, hateful, or racially, ethnically or otherwise objectionable, or upload images which contain nudity(including thongs and topless females from back), pornography, sexually explicit, weapons, violence, or drugs.
impersonate any person or entity, including, but not limited to, komback official, forum leader, guide, or falsely state or otherwise misrepresent your affiliation with a person or entity.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service, intentionally or unintentionally violate any applicable local, state, national or international law;
disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other members. Ability to engage in real time exchanges, interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the services, upload, post, email, transmit or otherwise make available any content that you do not have right to make available under contractual or fiduciary relationships(such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements),upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights(Rights)of any party, provide material support or resources(or to conceal or disguise the nature, location, source, or ownership of material support or resources)to any organization(s)designated by the United State government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to or that would have the effect of interrupting, destroying, or limiting the functionality of any computer software or hardware or telecommunications equipment.
You acknowledge and agree that komback may or may not prescreen Content, but that komback and its designee shall have the right (but not the obligation )in their sole discretion to per-screen, refuse ,or remove any content that is content that is available via the service .without limiting the foregoing, komback and its designee shall have the right to remove any content that violates TOS or is otherwise objectionable. You agree and accept liability associated with the use of any content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such content, in this regard, you acknowledge and agree that you may not rely on any content created by komback or submitted to komback, including without limitation information in komback message board, and in all other parts of service.
You acknowledge and agree that komback may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access. Preservation or disclosure is reasonably necessary to;
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claim that any content violate the right of third-parties or other claims of abuse ;
(d) respond to your requests for customer service; or
(e) protect the right,property,or personal safety of komback, it’s members and the public.
You acknowledge and agree that technical processing and transmission of the service, including your content ,may involve
(a) transmission over various network; and
(b) change to conform and adapt to technical requirement of connecting network or device .
You acknowledge and agree that the service and software embodied within the service may include security component that permit digital materials to be protected, and use of these materials is subject to usage rules set by komback and /or content providers who provide content to the service you shall not attempt to override or circumvent any of the usage rules embedded into the service. You acknowledge and agree that any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the services, in whole or in part, is strictly prohibited .
Although komback cannot monitor the conduct of its members off the web site or on the web site, you acknowledge and agree that it is a violation of the TOS for you to use (or allow others to use)any information obtained from the service in order to harass, abuse, or harm another person, or in order to advertise to, solicit, or sell to any member or person without their prior written consent.
You agree that you are solely liable and responsible for your interaction with other komback members. komback reserves the right, but has no obligation, to monitor disputes between you and other members.
The web site is for the personal use of individual members only and may not be used by member in connection with any of their commercial endeavors. Organizations, companies, and /or business may not become member and shall not use the service or the web site for any purpose without komback prior approval. Illegal and/or unauthorized use of web site, including collecting email addresses or other contact information of members by electronic or other means for the purpose of sending unsolicited email, unsolicited private massages, and unauthorized framing of or linking to the web site will be investigated, and komback shall take appropriate legal action at its sole discretion including without limitation, civil, criminal and injunctive redress. You acknowledge and agree that it is a violation of this policy to post private message, or email to komback members any solicitations, spam junk mail or other commercial information or any information that serves to benefit an organization, company, or business of which a komback member is an agent, member employee, owner leader, volunteer, or investor.
Acknowledge the global nature of the internet, you agree to comply with all local and industry rules regarding online conduct and acceptable content specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the united states or the country in which you reside.
YOU AGREE TO INDEMNIFY AND HOLD KOMBACK AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS FEES, KOMBACK (OR THE OTHER INDEMNITIES MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR ACTIONS AND/OR ANY CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR ACCESS AND USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATIONS OF THE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, YOU FURTHER AGREE TO INDEMNIFY AND HOLD KOMBACK AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS FEES,KOMBACK (OR THE OTHER INDEMNITIES MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR USE OR TRANSMISSION OF OTHER MEMBERS. CONTENT IN CONNECTION WITH PROMOTIONAL TOOLS AND PROMOTIONAL CAMPAIGNS MADE AVAILABLE IN KOMBACK.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Komback I.D.), use of the Service, or access to the Service.
You acknowledge and agree that komback may establish general practice and limits concerning use of the services, including without limitation the maximum number of days that private messages, message board posting or other uploaded content will be retained by the service, the maximum number of private messages that may be sent from or received by an account on the service, the maximum size of any private message or post that may be sent from or received by an account on the service, and the maximum disk space that will be allotted on komback‘s services on your behalf. You agree that komback has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by or through the service. You acknowledge and agree that komback at its sole discretion reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge and agree that komback reserves the right to modify these general practices and limits from time to time and without notice to you.
Komback reserve the right at any time and from time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that komback is not liable to you or to any third party for any modification, suspension or discontinuance of the service.
You agree that komback may, under certain circumstance and without prior notice Immediately terminate your komback account any associated other account, and access to the service. Cause for such termination shall include, but is not limited to,(a) breaches or violation of the TOS or other incorporated agreement or guideline,
(b) request by law enforcement or other government agencies,
(c) discontinuance or material modification to the service (or any part thereof) ,
(d) unexpected technical or security issues or problem, and
(e) extended periods of inactivity.
Termination of your komback account include
(a)removal of account access to all offering within the service available with a password, including but not limited to private messages and images that are password protected,
(b)deletion of your password, and
(c)barring further use of the service.
Further, you agree that all termination may be made in komback sole discretion and that komback shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the service.
Your correspondence or business dealings with, or participation of advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that komback shall not be responsible or liable for any loss or damage of any sort caused or in connection with any such dealings or as the result of the presence of such advertisers on the services. By way of example only, you agree that komback will not be liable to you for any failure by an advertiser to provide any service or product you ordered from it.
The following are the official rules for all contests/sweepstakes/giveaways on Komback.com, if any, unless otherwise noted.
All winners must be 18 years of age or older, unless otherwise stated and/or posted.
Winners of random email, Twitter, or other contests will be chosen at random from emails, tweets, or other requested responses received. Entrants must send entries using the correct contest entry email address, subject line, and/or any other specific entry information and mode requested in the contest announcement.Komback.com is not responsible for and will not consider incomplete or incorrect entries, or emails, tweets, or other modes of requested responses sent but not received by Komback.com for any reason, as potential contest winners. Winners of all contests will be contacted at the sender email address used to enter the contest, and the person receiving and replying to the winner announcement email or notification will be considered the winner. Only one entry per email address or twitter handle used to send the email, tweet, or other mode of requested response will be considered for contest entry, unless multiple entries are specifically allowed in the contest posting. Unless otherwise specified in an individual contest post, no person may enter any contest more than once using multiple email addresses or twitter handles.By participating in any contest or sweepstakes offered on the website, you release Komback.com, the sponsor of the contest/sweepstakes/giveaway and their subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, and all other associated with the development and execution of any contest or sweepstakes, from any and against any and all injury, loss, or damage caused or claimed to be caused by your participation in the contest or sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that these entities are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the promotion and/or the awarding of any prize. You hereby agree to hold Komback.com and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on Komback.com, or any other use authorized under these Terms, of any photo or information submitted to the website by you.
Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred. If the specified prize becomes unavailable due to unforeseen circumstances, Komback.com may substitute a prize of like or equal value. Komback.com reserves the right to alter any rules of any contest at anytime.
Komback.com may launch contests requiring entrants to send in photo, text or other content for display on the website which will be judged entirely at the sole discretion of Komback.com. By submitting any photo or information to Komback.com, you hereby grant to Komback.com and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition, the rights granted to Komback.com includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo.
By submitting any photo or information to Komback.com, you hereby represent and warrant that the submitted photo or information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to Komback.com herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. You acknowledge and agree that Komback.com shall have no obligation to post, display or otherwise make publicly available any photo or information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any photo or information that you submit to the website.
You understand and intend that any photo or information submitted by you to Komback.com may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any photo or information you submit to the website. By submitting any photo or information to Komback.com, you hereby waive any privacy expectations that you may have with respect to any such photo or information submitted by you to the website. Photos or information submitted by you to the website shall be the property of Komback, and Komback.com shall have no obligation to preserve, return or otherwise make available to you or others any photos or information so submitted.
The service may provide, or third parties may provide, links to other world wide web sites or resources. Because komback has no control over such sites and resources, you acknowledge and agree that komback is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that komback shall not be responsible or liable directly or indirectly, for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Privacy- komback Terms of Service
Your correspondence or business dealings with, or participation of advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that komback shall not be responsible or liable for any loss or damage of any sort caused or in connection with any such dealings or as the result of the presence of such advertisers on the services. By way of example only, you agree that komback will not be liable to you for any failure by an advertiser to provide any service or product you ordered from it.
CONNECTED ACCOUNTS: FACEBOOK, TWITTER LINK
The service may provide, or third parties may provide, links to other world wide web sites or resources. Because komback has no control over such sites and resources, you acknowledge and agree that komback is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that komback shall not be responsible or liable directly or indirectly, for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge and agree that the service and any software used in connection with the service (software)contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisement or presented to you through the service or by advertisers may be protected by copyright, trademark, service marks, patents or other proprietary rights and laws. Except as expressly authorized by komback or an advertiser, you agree not to modify, rent lease, loan, sell, distribute or create derivative works based on the service, the software, or advertisers. Content, in whole or in part.
Komback grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to)copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, infringe or otherwise transfer or attempt to transfer any rights in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface that is provided by komback for use in accessing the service.
YOU ACKNOWLEDGE AND AGREE THAT;
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.THE SERVICE IS PROVIDED ON AS IS AND AS AVAILABLE BASIS.KOMBACK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KOMBACK MAKES NO WARRANTY THAT (I)THE SERVICE WILL MEET YOUR REQUIREMENTS,(II)THE SERVICE WILL BE UNINTERRUPTED,TIMELY,SECURE, OR ERROR-FREE,(III)THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,(IV)THE QUALITY OF ANY PRODUCTS,SERVICE ,INFORMATION,OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v)ANY ERRORS IN THE SOFTWARE WILL CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR OTHERS.COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS,DIRECTLY OR INDIRECTLY,FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION,WHETHER ORAL OR WRITTEN,OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU ACKNOWLEDGE AND AGREE THAT KOMBACK USES COMMERCIALLY REASONABLE EFFORTS TO PROTECT ITS MEMBERS, BUT THAT KOMBACK DOES NOT GUARANTEE THAT THE USE OF THE SERVICE WILL BE SAFE OR SECURE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMER AND LIABILITY LIMITATION COVENANTS CONTAINED HEREIN KOMBACK AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100)OR THE AMOUNT YOU HAVE PAID KOMBACK IN THE PAST TWELVE MONTHS.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT KOMBACK SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL SPECIAL CONSEQUENTIAL,PUNITIVE,OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF KOMBACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),RESULTING FROM;(i)THE USE OR THE INABILITY TO USE THE SERVICE;(II)THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS,DATA INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;OR(V)ANY OTHER MATTER RELATING TO THE SERVICE
OTHER KOMBACK MEMBERS,WITH WHOM YOU CHOOSE TO ASSOCIATE,CONNECT,INTERACT AND OR SHARE CONTENT AND COULD USE YOUR CONTENT AND OR LIKENESS IN A MANNER YOU DISLIKE,DISAPPROVE OF OR OTHERWISE FIND OFFENSIVE.HOWEVER,YOU AGREE NOT TO ASSERT ANY CLAIMS,ACTIONS OR DEMANDS AGAINST KOMBACK IN CONNECTION WITH SUCH USE OR ACTIVITIES,WHETHER SUCH USE OR ACTIVITIES ARE AUTHORIZED BY THOSE TOS OR NOT.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY,SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries of this agreement.
NOTICE
Komback may provide you with notices, including those regarding changes to the TOS, either by email, regular mail, or postings on the Services.
TRADEMARK INFORMATION
Komback trademarks and service marks and other komback logos and product and service names are trademarks of komback (The komback marks).without komback‘s prio permission, you agree not to display or use, in any manner, the komback marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Komback respects the intellectual property of others, and we ask our members to do the same. Komback may, in appropriate circumstances and at its sole discretion, disable and or terminate the accounts of Members whom komback believes are or may be infringers and, particularly, repeat infringers. komback reserves the right to terminate or reclaim your account if komback believes appropriate(example, if komback believes that your username infringes third party’s trademark rights)
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide komback‘s copyright Agent the following information:
Your address, telephone number, and email address;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyright work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Komback agent for notice of claims of copyright or other intellectual property infringement can be reached as follows;
By email;
Copyright Agent
Komback
komback will consider the information you provide and other information it may obtain. In its sole discretion, and notwithstanding the permission you provide in these TOS, komback may remove any content that it finds to have infringed on your rights.
Entire Agreement. The TOS constitute the entire agreement between you and komback and govern your use of the service, superseding any prior agreement between you and komback. You also may be subject to additional term and condition that may apply when you use or purchase certain komback service, affiliate service, third-party content or third-party soft.
Governing law. This TOS shall be governed by and construed in accordance with the law of the state of MASSACHUSETTS without regard to the conflicts of law principles thereof.
Disputes. You agree that any dispute relating in any way to your access and/or use of komback, these TOS, or to the use or access of komback by third parties shall exclusively be submitted to a confidential arbitration in MASSACHUSETTS in or near New YORK,NY. to the extent that you have in any manner violated or threatened to violate any of komback rights or komback Marks, komback may seek injunctive or other appropriate relief in the state or federal courts of MASSACHUSETTS or, at komback’s election, some other court in which jurisdiction over you would proper. You agree to the exclusive jurisdiction and venue of the MASSACHUSETTS state and federal court (or such other court as komback may so elect)for the resolution of any disputes between or involving you and us.
Arbitration under this agreement shall be conducted under the current rules of the American Association: however, notwithstanding anything to the contrary in any current or further such rules or governing law, the arbitrator shall have no power to vary the terms of the TOS or to award you attorneys. Fees. The arbitrator’s award shall be blinding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law. No arbitration under these TOS shall be joined to an arbitration involving any other party subject to these TOS whether through class arbitration proceedings or otherwise.
Waiver and Severability of Terms, The failure of komback to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid by an arbitrator or pursuant to the disputes section above a court of competent jurisdiction, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties, intentions as reflected in the provision. The other provisions of the TOS shall remain in full force and effect.
Or