Last edit of these terms and conditions: Thursday, Oct. 7th, 2021
PATRON TERMS OF SERVICE
These Patron Terms of Service (the “Terms“) govern the use by customers (“Patrons”,“you”, “yours”) of the mobile and internet-based referral services offered by The Kscope (“Kscope,” “we” or “us“) at and through the website https://thekscope.co/ and through mobile applications (the “Website“). These Terms are a binding legal agreement between you and us that takes effect when you use the Website.
The Website is licensed, not sold. As further outlined in the Intellectual Property section below, the Website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution of the Website, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
Subject to these Terms, Kscope grants to you the non-transferable, non-exclusive right to access and use the Website for the sole purpose of looking for Africa-focused small businesses and professionals (“Vendors”, defined below).
Your use of the Website in a country other than the country in which you register constitutes your acceptance of an agreement to all of the terms and conditions in these Terms for that country.
Part I – Nature of Kscope Referral Services
Kscope connects you with Africa-focused small businesses (“Vendor(s)“) providing services (“Vendor Service(s)“) or goods (“Products”).
Kscope solely provides a platform for Vendors and Patrons to connect, and serves only as a medium to facilitate the provision of Vendor Services or Products. Kscope’s role, beyond enabling connections between Patrons and Vendors via the Website, is to act as a limited payment collection agent for the Vendor to facilitate payment for Vendor Services and/or Products on behalf of you through the Website.
In acting as the limited payment collection agent for Vendor Services or Products, Kscope disclaims any other agency or authority to act on behalf of the Vendor, and assumes no liability or responsibility for any acts or omissions of the Vendor, either within or outside of the Website.
You, like all Vendors on the Website, acknowledge and agree that a legally binding contract is formed between you and any Vendor(s) when you agree on the terms of a Vendor Service or the provision of a Product. Kscope is not a party to any such agreement and the formation of an agreement for a Vendor Service or Product will not, under any circumstances, create an employment or other service relationship between Kscope and the Patron.
Neither Vendors nor you have authority to enter into written or oral — whether implied or express — contracts on behalf of Kscope.
Kscope does not perform Vendor Services or provide Products and does not employ people to perform Vendor Services or provide Products. Kscope does not provide or contract for Vendor Services or Products; Vendors and Patrons contract independently for the provision of Vendor Services and/or Products.
Kscope is not an employment agency service or business. Vendors on the Website are independent businesses or contractors. Vendors set their own rates and prices. Kscope does not set Vendors’ hours or terms of work. Vendors are free to accept or reject Patrons and contracts. Kscope does not control or direct the Vendors’ performance of their services or set their work locations or work hours.
Kscope does not control the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Vendor Services or Products nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Vendors.
Kscope makes no representations or warranties whatsoever with respect to Vendor Services or Products offered or provided by Vendors or requested by you through the Website, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Vendor.Kscope does not verify or confirm that any Vendor is who they claim to be or is accurately representing themselves, and does not verify or confirm any representations with respect to Vendor Services or Products on the Website.
You must decide whether a Vendor is suited to your needs and should exercise caution and common sense to protect their personal safety and property, just as they would when interacting with any stranger.
Part II – Accounts
You are responsible for obtaining and maintaining all of the hardware and software that you may need to access and use the Website. Without limiting the foregoing, you must obtain and maintain, and pay all charges, taxes and other costs and fees related to Internet access, telephone, computer, and other equipment, and any communications or other charges incurred by Patron to access and use the Website.
You acknowledge that your access to and use of the Website may be suspended for the duration of any scheduled or unscheduled downtime or unavailability of any portion or all of the Website for any reason, including as a result of power outages, system failures or other interruptions, or any other acts, omissions or failures on the part of Kscope.
You represent and warrant that:
- You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for Canadian-based Patrons), and are otherwise capable of entering into binding contracts;
- You have the right, authority and capacity to agree to these Terms and to abide by the terms and conditions of these Terms, and that you will so abide;
- You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of other Patrons and Vendors and will not record (whether video or audio or otherwise) any Vendor Service or any interaction by or with any Vendor and/or Kscope in connection with the Website without the prior written consent of Kscope and/or the relevant Vendor, as applicable;
- You will fulfill the commitments you make to Vendors, communicate clearly and promptly, be present and/or available at the time you agree upon with your Vendor as the case may be, and only utilize the PSP approved by Kscope to make or receive payment for services or goods provided through the Website;
- You will act professionally and responsibly in your interactions with Vendors;
- You will use your real name or business name and an up-to-date photo on your Profile (defined below);
- When using or accessing the Website, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
- Where you enter into these Terms on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to these Terms; and
- Other than as fully and promptly disclosed in writing to Kscope, you do not have any motivation, status, or interest that Kscope may reasonably wish to know about in connection with the Website, including without limitation, if you are using or will or intend to use the Website for any journalistic, academic, investigative, or unlawful purpose.
All Patrons must register with Kscope and create an account and user profile (an “Account” and “Profile”) to use the Website. Our registration process will ask you for information including your name and other personal information, as well as your billing address and shipping address.
In registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration process and as requested from time to time by Kscope (“Registration Data“).
You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Website, or otherwise advise us promptly in writing of any changes or updates to your Registration Data.
You further consent and authorize us to verify your Registration Data as required for your use of and access to the Website. We reserve the right to suspend or terminate the Account of any Patron who provides inaccurate, untrue, or incomplete information, or who fails to comply with the Account registration requirements.
Kscope has a strict Anti Money Laundering and Know Your Customer Policy (“AML/KYC Policy”). As part of the AML/KYC Policy, before Kscope will grant you an Account, we may (but need not) require two (2) pieces of current (non expired) photo identification from an official government source. Sufficient examples include a drivers’ license, a government health insurance card, or passport. Further, as part of the AML/KYC Policy we reserve the right to investigate the identity and backgrounds of any persons applying for an Account on the Website.
We reserve the absolute right to refuse an Account for any reason whatsoever. Kscope has the right to restrict anyone from completing registration if such person may threaten the safety and integrity of the Website, or if such restriction is necessary to address any other reasonable business concern.
As long as Patron has their Account in good standing with Kscope, Kscope grants to Patron a non-exclusive, non-transferable, revocable license to use the Website and other technology supplied by Kscope to enable Patron to receive or access the Website solely for the purposes of accessing and using the Website.
You are the sole authorized user of your Account. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Kscope has no control over the use of any Patron or Vendor Account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify Kscope immediately.
You are responsible for protecting and safeguarding any keys, certificates, passwords, access codes or other credentials and login information (collectively, “Passwords”) that you create or that are generated in connection with your use of the Website. You agree to keep your Passwords confidential and to not share your login information, let anyone else access your account, or do anything else that might jeopardize the security of your Account.
You may terminate these Terms at any time by ceasing all use of the Website and deactivating your Account.
Kscope reserves the right, in its sole discretion, to terminate your Account if you violate these Terms or for any reason or no reason at any time. In particular, we may suspend your access to the Website and your Account if you:
- have violated the terms of these Terms, any other agreement you have with Kscope,
- pose an unacceptable credit or fraud risk to us,
- provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or
- for any other reason at Kscope’s sole discretion.
If your Account is terminated or suspended for any reason or no reason, you agree:
- to continue to be bound by these Terms,
- to immediately stop using the Website,
- that any licenses granted to you under these Terms shall end,
- that we reserve the right (but have no obligation) to hide or delete all of your information and Account data stored on our servers, and
- that Kscope shall not be liable to you or any third party for termination or suspension of access to the Website or for deletion or hiding of your information or Account data.
You agree that Kscope may retain and use your information and Account data as needed to comply with investigations and applicable law. We will not be liable to you for compensation, reimbursement, or damages in connection with any termination or suspension of the Website.
Any termination of these Terms does not relieve you of any obligations to pay any Fees (defined below) or costs accrued prior to the termination and any other amounts owed by you to us as provided in these Terms.
Kscope is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any Vendor that are deceptive, fraudulent or otherwise invalid as determined in Kscope’s sole discretion (“Fraudulent Actions“). By using the Website, you hereby release Kscope from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Kscope of any Fraudulent Actions which may affect the Website.
Upon termination of this Agreement for any reason, you shall cease to use the Website. All parts of these Terms which by their nature should survive the expiration or termination of these Terms shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms or your use of the Website.
Part III – Purchases and Payment
After you have set up an Account on the Website, you will be free to use the Website to browse the Vendors registered on the Website.
Vendors will list their Vendor Services or Products by creating and submitting listings (“Listings”). All fees quoted are in Canadian Dollars (CAD). Vendors offer Vendor Services or Products in five broad categories: Food, Fashion, Grocers, Services and Events. Kscope reserves the right to add or remove categories at any time. Listings are submitted to Kscope for review and pre-approval. If Kscope approves the Listing, it will become active and live on the Website, available for perusal by you.
Bookings and Purchases
To make a booking with a Vendor, you click on the appropriate Listing or otherwise indicate your interest in purchasing a Vendor Service or Product.
Once you click on a Listing or otherwise indicate you want to purchase Vendor Services or Products, the Website will connect you and the Vendor in a contract on the Website.
Although the Website is designed to provide a Vendor’s availability in real-time, it is possible that a scheduling conflict may occur that requires the Vendor to reschedule your reservation. Creation of a reservation using the Website is not a guarantee that the Vendor will honor the reservation as scheduled.
If you cancel or do not show for an appointment for a Vendor Service, your credit card may still be charged in accordance with the cancellation policy of the Vendor posted on such Vendor’s Kscope page at the time of your booking, at the Vendor’s discretion.
At the time of booking, you will be prompted for payment (described further below). The Website will charge you for the Fees (defined below) for the Vendor Services or Products and will remit the Fee to Vendor.
Vendors, as separate entities from Kscope, are solely responsible for all customer service issues relating to such Vendor’s goods or services, including without limitation, any Vendor Services, Products, pricing, order fulfillment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Vendor, any personnel, their policies or processes. Kscope facilitates the payment transaction between you and each Vendor, but is not responsible for mediating any resulting disputes.
When you book a Vendor Service with or purchase a Product from a Vendor, Kscope will charge you a fee (the “Fees”) consisting of:
- the Vendor’s fee for the Vendor Service(s) or Product(s), plus all applicable Harmonized Sales Tax (“Vendor Fee”); plus
- any delivery or shipping charges that may be applicable; plus
- a Service fee of 5%.
For any appointments for Vendor Services that you fail to attend, the Vendor shall be entitled to a no-show fee of a minimum of 15% of the Vendor Fee.
Because we are not part of any specific agreement between you and a Vendor, Kscope does not provide any refunds or accept any requests for refunds. Any such requests must be made to the Vendor.
If Kscope sells you products or services in our own right, we may in our discretion consider a refund of any monies paid to us.
When you decide to book a Vendor Service or Product, the Website allows you to pay the Fees through a payment service provider retained by Kscope (the “PSP”), including card-based payments initiated with credit cards including MasterCard and Visa. You will be required to provide your credit card or bank account details to Kscope and the PSP. By entering your payment information when requested, you authorize Kscope and its payment processors to charge and process the Fees.
As a condition of Kscope enabling payment processing services through the PSP, you agree to provide Kscope accurate and complete information about you and/or your business, and you authorize Kscope to share it and transaction information related to your use of the PSP services.
While Kscope takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, Kscope is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.
We may decide not to authorize or settle any transaction that you submit to us if we believe in our sole discretion that the transaction is in violation of these Terms or any other Kscope agreement, or that it exposes Vendors, other Patrons, the PSP or Kscope to Harm. “Harm” includes fraud and other criminal acts as determined by Kscope in our sole discretion.
If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement.
Kscope may terminate your access to the Website if the billing or contact information provided by you is false or fraudulent. Kscope also reserves the right, in its discretion, to suspend your access and/or use of the Website where any payment is due but unpaid and you have been requested but failed to promptly cure such payment failure. You agree that Kscope shall not be liable to you nor to any third party for any suspension of the Website resulting from your non-payment of Fees.
Part IV – Public Areas and Feedback
The Website may contain blogs, message boards, reviews, ratings, task postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow you to communicate with other Patrons and with Vendors.
You may only use Public Areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Website, you should not share your personal contact information with other Vendors.
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your Account name or login identification when communicating in Public Areas. Kscope will not be responsible for the action of any Vendors with respect to any information or materials posted in Public Areas.
Patron Generated Content
“Patron Generated Content” is defined as any information and materials you provide to Kscope, its corporate partners, or other Patrons or Vendors in connection with your registration for and use of the Website, including without limitation the information and materials posted or transmitted for use in Public Areas.
You are solely responsible for your Patron Generated Content; we act merely as a passive conduit for your online distribution and publication of your Patron Generated Content. Kscope is not responsible or liable for any Feedback or other Patron Generated Content.
You acknowledge and agree that Kscope is not involved in the creation or development of Patron Generated Content, disclaims any responsibility for Patron Generated Content, and cannot be liable for claims arising out of or relating to Patron Generated Content.
Further, you acknowledge and agree that Kscope has no obligation to monitor or review Patron Generated Content, but reserves the right to limit or remove Patron Generated Content if it is not compliant with the terms of these Terms.
You hereby represent and warrant to Kscope that your Patron Generated Content:
- will not be false, inaccurate, incomplete or misleading;
- will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items;
- will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality;
- will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy);
- will not be defamatory, libelous, malicious, threatening, or harassing;
- will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors;
- will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Kscope or otherwise purport to act as a representative or agent of Kscope; and
- will not create liability for Kscope or cause Kscope to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The Website hosts Patron Generated Content relating to reviews and ratings of specific Vendors (“Feedback”).
Kscope encourages you to give objective, constructive and honest Feedback about Vendors.
Feedback is your opinion and not the opinion of Kscope, and has not been verified or approved by Kscope.
Kscope is not obligated to investigate any Feedback for accuracy or reliability or to consider any statements or materials posted or submitted about any Feedback, but may do so at its discretion.
Kscope respects the personal and other rights of others, and expects you to do the same.
Kscope is entitled to identify a Patron to third parties who claim that their rights have been infringed by Patron Generated Content submitted by that Patron, so that they may attempt to resolve the claim directly.
If you believe, in good faith, that any Patron Generated Content provided on or in connection with the Website is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), you must notify Kscope.
Part V – Disclaimers and Liability
No joint venture, partnership, employment, or agency relationship exists between Kscope and you as a result of this Agreement or your use of the Website.
Your use of the Website is at your sole risk. You are fully and solely responsible for your interactions with other Patrons and Vendors, and you agree that it is solely your responsibility to take reasonable precautions in all actions and interactions with other Patrons and Vendors and in the provision or receipt of Vendor Services or Products. Kscope is not responsible for the conduct, whether online or offline, of any Vendor or other user of the Website. Kscope is under no obligation to, and does not routinely, screen its Vendors, inquire into the background of its Vendors or attempt to verify information provided by any Vendor. We reserve the right, but have no obligation, to monitor disputes between you and any Vendors. Please carefully select the type of information that you post on the Website or through the Website or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Patrons or Vendors.
It is possible for others to obtain personal information about you due to your use of the Website or Vendor services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the Website or through the services. You understand that in using the Website, sensitive information will travel through third-party infrastructure that is not under Kscope’s control (such as third-party servers). Kscope makes no warranty with respect to the security of such third-party infrastructure.
The Website is provided on an “as is” and “as available” basis. Kscope and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind related to the Website, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Kscope makes no warranty that (i) the Vendor Services or Products will meet your requirements or expectations, (ii) that your access to or use of the Website will be uninterrupted, timely, secure or error free, (iii) that any defects in the Website will be corrected, or (iv) that the Website or any server through which you access the Website is free of viruses or other harmful components.
Kscope makes no representations or warranties about the quality, suitability, reliability, timing, durability, legality, or any other aspect of Vendor Services or Products.
Any material downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Kscope or through or from the Website shall create any warranty not expressly stated in these terms.
Limitation of Liability
To the fullest extent permitted by law, in no event shall Kscope or its affiliates, officers, employees, agents, partners and licensors be liable for any damages whatsoever, whether direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for bodily injury or emotional distress and damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Website; (ii) Vendor Services facilitated by or the Products purchased through the Website or any interactions between Vendors, including without limitation any liabilities arising in connection with the conduct, act or omission of any Vendor (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property) or any dispute with any Vendor or other Patron; (iii) statements or conduct of any third party on the Website; (iv) any unauthorized access to or alteration of the Website or your data or transmissions; or (v) any other matter relating to the Website.
Kscope expressly disclaims any liability that may arise between Vendors related to or arising from use of the Website. Because Kscope is not involved in the actual interactions between Vendors and Patrons or in the provision of any Vendor services or products, you hereby release and forever discharge Kscope and its affiliates, officers, directors, employees, agents and licensors from any and all claims, demands, damages (actual or consequential) of every kind and nature, whether known or unknown, contingent or liquidated, arising from or related to any dispute or interactions with any other Vendor, whether online or in person, whether related to the provision of Vendor services or products or otherwise.
You agree to defend, indemnify and hold harmless Kscope and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Website; (ii) Vendor Services facilitated by or the purchase of Products through the Website or any interaction between you and a Vendor; (iii) your violation of any term of these Terms; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Website. These defence and indemnification obligations will survive the termination of these Terms and your use of the Website.
Changes to the Website
We may change, modify, suspend, or discontinue all or any part of the Website at any time, with or without reason.
You acknowledge that the Website may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Kscope shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Website.
Kscope has no obligation to maintain or update the Website or to continue producing or releasing new versions of the Website.
We will make reasonable efforts to keep the Website operational 24 hours a day/7 days a week, except for:
- planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or
- any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.
HIPAA Notice / Health Information
The term “protected health information” means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual.
You should never share any protected health information, whether of yourself or any other person, via the Website.
The Website is intended only to be compliant with Canadian law. The Website is not intended to be used to communicate protected health information, and it is not intended to be compliant with the U.S. Health Insurance Portability and Accountability Act (HIPAA).
Part VI – Acceptable Uses
Your use of the Website may not be on behalf of third parties.
You may not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource otherwise commercially exploit or make the Website available to any third party.
You may not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Website or access or use the Website or Kscope Property (defined below) in order to build a similar or competitive product or service.
Your use of the Website must not cause undue strain or stress on the Kscope network through excessive API calls or other non-standard use.
You agree not to:
- send or otherwise post unauthorized commercial communications (such as spam) on the Website;
- infringe on, violate, dilute or misappropriate the intellectual property rights of any third party or any rights of publicity or privacy;
- collect other Patrons’ or Vendors’ content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
- engage in unlawful multi-level marketing, such as a pyramid scheme, on the Website;
- upload viruses or other malicious code;
- solicit login information or Account names or access an Account belonging to someone else;
- bully, intimidate, or harass any other Patron or Vendor;
- develop, advertise or otherwise market alcohol-related or other mature content;
- use Kscope to do anything unlawful, misleading, malicious, or discriminatory;
- do anything that could disable, overburden, or impair the proper working of Kscope or the Website, such as a denial of service attack; or
- facilitate or encourage any violations of these Terms.
Part VII – Suspension or Termination of Accounts
Kscope shall be entitled, without liability to you, to immediately suspend, terminate or limit Patron’s access to the Website at any time in the event:
- that Kscope determines that the Website is being used in violation of applicable federal, state or local law or ordinance, this Agreement, or any agreement applicable to the Website;
- that Kscope determines that the Website is being used in an unauthorized or fraudulent manner;
- that Kscope determines that the use of the Website adversely affects Kscope’s equipment or service to others;
- that Kscope is prohibited by an order of a court or other governmental agency from providing the Website;
- of a denial of service attack or any other event which Kscope determines, in its sole discretion, may create a risk to the Website or to any other customers if the Website were not suspended; or
- of a security incident or other disaster that impacts the Website.
In addition, Kscope shall have the right to immediately deny or suspend access to the Website in the event Kscope is not paid any amount due in connection with the Website or a Patron’s breach or alleged breach of this Agreement.
Without limiting the generality of the foregoing, Kscope shall have no liability for any damages, liabilities or losses as a result of any suspension, limitation or termination of Patron’s right to use the Website in accordance with this Agreement.
Part VIII – Intellectual Property
The Website contains content and technology of Kscope that is protected by copyright, trademark, patent, trade secret and other laws. Kscope owns intellectual property rights to any protectable part of the Website, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, “Kscope Property“). You may not copy, modify, or reverse engineer any part of the Website or Kscope Property.
Any other trademarks, service marks, logos and/or trade names appearing via the Website are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
In order to operate the Website, Kscope needs to make certain use of your publicly posted content. Therefore, by posting, uploading or submitting to Kscope, or making available for inclusion in publicly accessible areas of Kscope, any Patron Generated Content, Feedback or other text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, “Content“), you represent that you have full authorization to do so.
You also hereby grant Kscope a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Website and any services or products affiliated with the Website, regardless of the form of media used or of whether such services or products now exist or are developed in the future. You agree not to post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. Kscope reserves the right to remove or hide or change any images without notice.
When you delete Patron Generated Content, it is deleted in a manner similar to emptying the recycle bin on a computer. Thus, you understand that removed Patron Generated Content may persist in backup copies for a reasonable period of time (but will not be available to others).
Kscope reserves the right to remove or hide any Patron Generated Content from the Website, at its sole discretion.
You acknowledge that:
- all right, title and interest in and to the Website, and all patents, copyrights, trade secrets, trademarks, trade names, service marks, slogans, logos, other trade-identifying symbols and other proprietary rights embodied therein or associated therewith, are and shall remain with Kscope or its third party licensors;
- no right or interest in the Website is conveyed other than the limited licenses granted herein;
- the Website is protected by copyright and other intellectual property laws; and
- Kscope asserts that the Website and related applications embody valuable confidential and secret information of Kscope or its licensors, the development of which required the expenditure of considerable time and money.
Kscope also respects the intellectual property of others. Kscope may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of Vendors who Kscope, in its determination, believes have repeatedly infringed others’ rights.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Kscope’s copyright agent via email to [EMAIL]:
- 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 copyrighted 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, including a URL link;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized or consented to by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Part IX – General Provisions
Kscope reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms and all referenced and/or incorporated exhibits or policies, programs and guidelines. Kscope will endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms are unacceptable to you or cause you to no longer be in compliance with these Terms, you must terminate, and immediately stop using, the Website. Your continued use of the Website following any revision to these Terms constitutes your complete and irrevocable acceptance of any and all such changes.
Kscope may assign these Terms or any other agreement with you in whole or part at any time.
These Terms and the relationship between you and Kscope shall be governed by the laws of the Province of Ontario and Canada without regard to its conflict of law provisions. You and Kscope agree to submit to the personal and exclusive jurisdiction of the courts of Ontario, Canada.
Kscope has consulted with legal counsel in the preparation of this Agreement, so as to ensure compliance with all applicable laws.
Any failure of Kscope to enforce or exercise a right provided in these Terms is not a waiver of that right.
Should any provision of these Terms be found invalid or unenforceable, the remaining terms shall still apply.
You and Kscope both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.