A NEW YORK CORPORATION
INTRODUCTION FOR USERS
TheKnockturnal,Inc. (TheKnockturnal, “we,” “us,” “our”) is the owner of the TheKnockturnal Apps and the www.theknockturnal.com website (collectively, the Platform). TheKnockturnal is a new way to discover entertainment news and information (the Service).
Our liability is subject to limitations and exclusions as set out in Sections 8 (INDEMNITY), 9 (DISCLAIMERS) and 10 (LIMITATION OF LIABILITY) of the General Conditions. Please read these Sections carefully because they limit your rights.
Fans use the Platform to gain access to news, exclusive interviews and event coverage. They can read articles or sign up for the newsletter. They can make comments or participate in contests.
CONTRIBUTORS submit content to TheKnockturnal for publication.
- KNOCKTURNAL NEEDS TO ACQUIRE EXCLUSIVE RIGHTS FOR CONTRIBUTORS, AND NOT FOR FANS….
Accounts. Fans are only required to register with THEKNOCKTURNAL when they make comments on Platform Content. Otherwise they can browse freely and. Failure to provide accurate, complete, and truthful information shall constitute a breach of these Terms.
Misuse of Account. You shall not:
- Select or use an ID with the intent to impersonate another person;
- Use another ID without appropriate authorization;
- Select an ID name that is offensive, vulgar or obscene.
TheKnockturnal reserves the right to delete comments, refuse registration of, or cancel an Account in its sole discretion. You are responsible for all activity that occurs on your account. You will immediately notify THEKNOCKTURNAL of any unauthorized use of your account, or any other account related security breach of which you are aware.
Accounts. Contributors are required to register with THEKNOCKTURNAL and select a password and screen name (User ID). Failure to provide accurate, complete, and truthful information shall constitute a breach of these Terms.
Content. As part of their submissions, Contributors submit, without limitation, illustrations, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, vectors, and interactive features generated, provided, or otherwise made accessible through the Service (collectively, the Content).
Rights and Licenses. Our site (including all text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and worldwide copyright laws and treaty provisions, and we have all rights therein (save for those rights which may belong to our licensors or licensed to our licensees under applicable agreements, understandings and arrangements). All individual articles, blogs, videos, content, and other elements comprising our site are also copyrighted works, and we (subject to the aforementioned licensor and licensee rights) have all rights therein. Users and Contributors must abide by any additional copyright notices or restrictions posted to the site.
- Every User and Contributor that submits or uploads any Content to the Platform (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), grants TheKnockturnal and its authorized sub-licensees and distributors, a worldwide, exclusive, royalty-free, right and license to:
- Reproduce, distribute, digitally transmit, stream, display, create derivate works of, communicate to the public, synchronize, to use such content for promotional and marketing purposes, and collectively Exploit (Exploit):
- the Content and perform the Service using any technologies or methodologies; and,
- Exploit all associated copyrightable works or metadata.
- Allow Users of the Platform to view public displays of the Content on any and all devices owned or controlled by User; and
- Reproduce, use and publish the likenesses, personal and biographical Content of the Users and Contributors in connection with the Service.
- Such license will apply with respect to any form, media or technology now known or later developed.
- You warrant that all “moral rights” in such materials have been waived.
- With respect to any video submissions, you understand and agree that we may, or may permit users to, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless otherwise agreed), Contributors shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
Trademarks. In connection with the Service, you grant the TheKnockturnal a worldwide, non-exclusive, royalty-free, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, Trademarks) for the marketing, promotion or advertising of either the User or the Service.
Misuse of Account. You shall not:
- Select or use an ID with the intent to impersonate another person;
- Use another ID without appropriate authorization;
- Select an ID name that is offensive, vulgar or obscene.
- TheKnockturnal reserves the right to refuse registration of, or cancel an Account in its sole discretion. You are responsible for all activity that occurs on your account. You will immediately notify TheKnockturnal of any unauthorized use of your account, or any other account related security breach of which you are aware.
Contributor Warranties. You represent and warrant, and can demonstrate to TheKnockturnal’s full satisfaction upon request, that:
- You are at least 18 years of age;
- You own or otherwise control all rights to any submitted or uploaded Content; or
- You have full authority to act on behalf of any and all owners of any right, title or interest in and to any Content you upload to the Service;
- Submission of Content will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- All information and Content posted or transmitted through the Platform is the sole responsibility of the Contributor from which such content originated. TheKnockturnal will not be liable for any errors or omissions in any content. Company cannot guarantee the identity of any Users with whom you may interact in the course of using the Platform.
- The Exploitation of your Content on the Platform will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- No fees of any kind shall be due any third party, for the use or re-use of your Content as authorized under this Agreement. You are solely responsible for the authenticity, description, identity, condition, nature and quality of the Content.
TheKnockturnal does not endorse and has no control over any Submission, nor can it guarantee the authenticity of any data that Users or Contributors may provide about themselves. All content accessed by you using the Service is at your own risk. You are solely responsible for any damage or loss to any party resulting therefrom.
You are responsible for indemnifying and holding TheKnockturnal harmless from and against any and all claims arising from the Exploitation of your Content on the Platform, including all court costs and legal fees.
You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
Payment and Fees
Service. Use of the Service is currently free for Users.
Compliance with these Terms is a condition to all use of the Platform by any person (User). By using the Platform, each User accepts and agrees to be bound by these Terms.
TheKnockturnal may update these Terms at its absolute discretion from time-to-time, and unless stated otherwise by TheKnockturnal in writing, such updates shall come into effect once made available on the Platform or otherwise notified to Users.
The Important Terms and the General Conditions form a single legal agreement.
Modification of the Service or Platform
TheKnockturnal reserves the right, at its sole discretion, to change, modify, suspend or discontinue the Service and/or Platform, including, without limitation, the availability of any feature, database, function, or content) at any time. TheKnockturnal may impose limits on certain features, services, and/or function, or restrict User access to parts or all of the Service without notice or liability.
LICENSE & USE
By accepting these Terms, the User is granted a limited, non-exclusive, non-transferable and revocable license to use, modify and reproduce the Content, solely for personal, non-commercial use.
User is also granted access a limited, non-exclusive, and revocable license and use the Platform for the duration of these Terms, in accordance with these Terms.
TheKnockturnal may revoke or suspend the User’s license(s) (and prevent future use of the Platform) in its absolute discretion for any reason that it sees fit, including for breach of these Terms by the User. TheKnockturnal will ordinarily advise the User of any suspension or revocation, however it is under no obligation to do so.
The User agrees that it shall only access and use the Platform for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by TheKnockturnal in its discretion.
User promises not to use Platform for any purpose prohibited by these Terms and Conditions.
TheKnockturnal may limit or restrict access to the Platform from time-to-time as it sees fit, including (but not limited to):
Location. TheKnockturnal may restrict access to the Platform for Users from any location and may restrict transactions, payments or any other activity on our platform in any location in its absolute discretion.
Verifications. TheKnockturnal may limit Users and access to the Platform where it cannot, in its absolute discretion, verify any of the information provided to it by Users.
prohibited User conduct
Each User warrants and agrees that, while using the Platform and the various services and features offered on or through the Platform, the User shall not:
Impersonate any person or entity, whether actual or fictitious, or misrepresent affiliation with any other person or entity;
Insert its own or a third party’s advertising, branding or other promotional content into any of the Platform’ content, Content or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes without our permission;
Attempt to gain unauthorized access to other computer systems through the Platform;
Engage in spidering, “screen scraping,” “database scraping,” harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of property, Users or other information from or through the Platform;
Obtain or attempt to obtain unauthorized access to computer systems, Content or information through any means;
Use the Platform or the services made available on or through the Platform in any manner with the intent to interrupt, damage, disable, overburden, or impair the Platform or such services, including sending mass unsolicited messages or “flooding” servers with requests;
Abuse, harass, threaten, impersonate or intimidate other Users;
Use the Platform in violation of TheKnockturnal or any third party’s intellectual property or other proprietary or legal rights; or
Use the Platform in violation of any applicable law.
Each User further agrees not to attempt (or encourage or support anyone else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Platform or make unauthorized use thereof.
Each User must not use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform, nor obtain, use or access, or attempt to obtain, use or access, any Content or information through any means not intentionally made publicly available or provided for through the Platform.
TheKnockturnal may introduce new services and/or fees by giving the User written notice of their availability and applicability.
TheKnockturnal reserves the right to change the fees at any time at its absolute discretion.
Some of TheKnockturnal’s Service may be supported by advertising revenue and may display advertisements and promotions. You hereby agree that TheKnockturnal may place such advertising and promotions on the Platform or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
Proprietary Information. The Platform may use and incorporate software and other proprietary systems and Intellectual Property for which TheKnockturnal has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any Intellectual Property or other third-party rights through the use of the Platform (U.S. Copyright Act of 1976, Title 17 U.S.C).
Platform. The User agrees and accepts that the Platform (including any source code, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Platform) is the Intellectual Property of TheKnockturnal and the User further warrants that by using the Platform the User will not:
Copy the Platform or the services that it provides for the User’s own commercial purposes; and
Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Platform or any documentation associated with it.
Trademarks. TheKnockturnal has moral & registered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of TheKnockturnal.
Own Risk. The User agrees that it uses the Platform at its own risk.
Errors or Failures. The User acknowledges that TheKnockturnal is not responsible for the conduct or activities of any User and that TheKnockturnal is not liable for such under any circumstances or any errors or failures to execute requests or offers on the Platform, including errors or failures caused by: (1) loss of connection to the internet or to the online software by any party, or (2) a breakdown or failure of the software.
User Interactions. User releases TheKnockturnal from all liability relating to any connections and relationships with other Users. TheKnockturnal makes no representations or warranties as to the conduct of Users or the veracity of any information they provide. In no event shall TheKnockturnal be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users that meet through the Service. Users are encouraged to take reasonable precautions and exercise the utmost personal care in all interactions with any individual they come into contact with through the Service.
Links. Where the Platform contains links to other websites and resources provided by third parties, these links are provided to Users for information only without any endorsement or warranty whatsoever from TheKnockturnal. The User enters those websites solely at its own risk and acknowledges that TheKnockturnal has no control over and accepts no responsibility whatsoever for those websites or resources.
Password. Users are solely responsible for the use and security of their Usernames and passwords. Users must give prompt notice of any compromise or unauthorised access to these details. Each User must ensure and accept all liability for any breach of these Terms arising from access with its Username and password.
Confidentiality. Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): TheKnockturnal makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site.
Indemnification. The User agrees to indemnify TheKnockturnal for any loss, damage, cost or expense that TheKnockturnal may suffer or incur as a result of or in connection with the User’s access to, use of, or conduct in connection with the Platform, including any breach by the User of these Terms.
The User’s indemnification of TheKnockturnal will survive the termination of these Terms and any use of the Platform.
The Company is not responsible for and does not necessarily hold the opinions expressed by its Contributors. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed.
Each User acknowledges and agrees that:
The Platform (including all content, function, Content and services) is provided “as is,” without warranty of any kind, either express or implied, including any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
TheKnockturnal does not warrant that the Platform (or the function, content or services made available thereby) will be timely, secure, uninterrupted or error free, or that defects will be corrected. TheKnockturnal makes no warranty that the Platform will meet Users’ expectations or requirements. No advice, results or information, or Content whether oral or written, obtained through the Platform shall create any warranty not expressly made herein. If a User is dissatisfied with the Platform, the sole remedy is to discontinue using the Platform.
Any material downloaded or otherwise obtained through the use of the Platform remains at the discretion and risk of the User and the User will be solely responsible for any damage that results from the download of any such material.
TheKnockturnal does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the Platform. TheKnockturnal is not a party to, and does not monitor, any transaction between Users and third parties.
Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms.
LIMITATION OF LIABILITY
In no event shall TheKnockturnal or any of its suppliers, distributors, vendors, contractors, galleries, institutions, content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the Platform (or the information, content, Content and function related thereto), including loss of revenue, or anticipated profits, or lost or corrupted data, or lost business or sales, or cost of substitute services, even if TheKnockturnal or such person has been advised of the possibility of such damages.
The above limitations only apply to the extent permitted in the relevant jurisdiction.
In the event that we receive an order issued by a court or from law enforcement or government agency, we shall comply with such orders without your consent or prior notice to you and may disclose your IP address, username, name, IP location, or other information in response thereto.
Where a dispute arises between TheKnockturnal and a User, the following process shall apply:
Negotiation. If there is a dispute between the parties relating to or arising out of these Terms, then within 10 business days of a party notifying the other party of a dispute, senior representatives from each party must meet (or discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;
Court proceedings. A party may not commence court proceedings in relation to a dispute relating to or arising out of these Terms until it has exhausted its obligation to negotiate, unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that damages are inadequate to compensate.
GOVERNING LAW AND JURISDICTION
These Terms, as well as the respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of New York without regard to conflict of laws principles. Please note that use of the Platform by any User may be subject to other local, state, national, and international laws.
Each User expressly:
Agrees that exclusive jurisdiction for resolving any claim or dispute with TheKnockturnal relating in any way to use of the Platform resides in the state and federal courts of the State of New York;
Agrees and consents to the exercise of personal jurisdiction in the state and federal courts of the State of New York;
Waives any right to a jury trial in any legal proceeding against TheKnockturnal; and
Agrees that any claim or cause of action with respect to use of the Platform must be commenced within one (1) year after the claim arises.
Waiver. No clause of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms and the transaction facilitated by it.
Severability. Any clause of these Terms, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.
To contact us with any questions or concerns in connection with these Terms or the Platform, or to provide us with any notice under these Terms, please write to us at:
Updated: JULY 17, 2015