1. Use of site
2. www.kahartauthor.com Content
Content on this Site, including art work, graphics, images, screen shots, text, music, digitally downloadable files, product and character names of any kind and any compilation of the foregoing (“Content”) is the property of www.kahartauthor.com and its licensors and is protected in Australia and internationally under trademark, copyright, and other intellectual property laws. For information about content posted by Users, please refer to Ownership of User Content and License below. Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by www.kahartauthor.com subject to license, or subject to the fair use provisions of Australian copyright or trademark law. Non-exclusive and non-sponsored games hosted on this site or any other site are not Content of this site. You agree not to display or use any Content or third party content located on the Site in any publications, in public performances, for any commercial purpose, in connection with products or services that are not those of www.kahartauthor.com, in any other manner that is likely to cause confusion among consumers, that disparages or discredits www.kahartauthor.com and/or its licensors, that dilutes the strength of www.kahartauthor.com or its licensor’s property, or that otherwise infringes www.kahartauthor.com or its licensor’s intellectual property rights. You further agree to in no other way misuse any Content that appears on this Site. If you are a trademark or copyright owner and you believe that your trademark rights have been violated, please refer the matter to us through our Contact Page.
3. Posting User Content
On certain areas of this Site you will be allowed to send messages and submit text postings. Your posting of User Content is subject to these Terms and the following posting rules (“Posting Rules”). Users found in violation of these Posting Rules or the Terms may, in the sole discretion of www.kahartauthor.com may have their access to the Site restricted by www.kahartauthor.com.
4. No Illegal, Infringing or Abusive Message Content or Conduct
You understand and acknowledge that you are responsible for your User Content, and agree not to post any content that is unlawful, harmful, tortuous, defamatory, libellous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate. You further agree that you will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities. You also agree not to submit false or harassing reports or complaints to www.kahartauthor.com about other Users.
5. No Violations of Third Party Rights
You agree that you will not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organisation, including without limitation, the personnel of www.kahartauthor.com. You further agree that you will not misrepresent an affiliation with another person or organisation, nor will you post any content that contains slanderous or libellous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
6. Non Commercial Use
Unless specifically permitted, in writing, by www.kahartauthor.com, you agree not to post any content that contains any type of business solicitation, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
7. No Viruses, Corrupting Files or Software, Interference
You agree you will not post any software, files or links to other sites except as may be specifically permitted, in writing, by www.kahartauthor.com, and that you will not compromise the security or confidential information of this site or post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of or feature of this Site.
8. Notification of Site Vulnerability, Interference and/or Related Activities
You agree to immediately notify www.kahartauthor.com in writing by email to firstname.lastname@example.org if you become aware of any security vulnerability of this Site or if you become aware of any person attempting to or actually undertaking hacking and/or other unauthorised or related activities, such as the unauthorised alteration of this Site information or functionality, or attempting to obtain or manipulate database content or session data used by this Site. As user of this Site you also agree not to exploit or disclose to any other person or entity any vulnerability you may discover in this Site.
9. Responsibility of Postings
You understand and acknowledge that User Content is solely your responsibility, and that www.kahartauthor.com is not responsible for the information, data, text or other materials that may appear in User Content. Opinions expressed in User Content do not necessarily reflect the opinions of www.kahartauthor.com and www.kahartauthor.com does not endorse and has no control over User Content. User Content is not necessarily reviewed by www.kahartauthor.com prior to posting and www.kahartauthor.com makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content.
10. No Monitoring/Violation Notices
Notwithstanding the foregoing, www.kahartauthor.com does not necessarily monitor any materials posted, transmitted, or communicated to or within this Site. If you believe that something on this Site violates these Posting Rules or otherwise violates these Terms, please follow our Reporting Process.
11. No Confidentiality
The nature of this Site is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to www.kahartauthor.com may be used by www.kahartauthor.com anywhere, anytime, and for any reason whatsoever subject to the terms of the User Content License described in Ownership of Posted Content and License Thereto, referred to below.
12. Ownership of Posted Content and License Thereto
After posting your User Content to this Site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein (“User Content License”). www.kahartauthor.com may delete any User Content that in the sole discretion of www.kahartauthor.com violates these Terms or the Posting Rules.
13. Scope of License
By displaying, publishing, or otherwise posting any User Content on or through this Site, you hereby grant to www.kahartauthor.com a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content. This license will terminate at the time you remove your User Content from this Site.
You represent and warrant that you own the User Content displayed, published or posted by you on this Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies payable to any person or entity by reason of any User Content displayed, published or posted by you to this Site. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on this Site.
You agree to indemnify and hold www.kahartauthor.com, its officers, employees, and website contractors harmless from any claims and expenses, of any nature, including reasonable attorney’s fees, related to your violation of these Terms, including the Posting Rules, or any violations thereof by your dependents.
16. Third Party Websites
17. Representations, and Limitations of Liability
www.kahartauthor.com makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. www.kahartauthor.com makes no representations regarding the amount of time that any Content or User Content will be preserved. THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WWW.KAHARTAUTHOR.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL WWW.KAHARTAUTHOR.COM BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR ANY OTHER MATTER OF WHATSOEVER NATURE, WHETHER OR NOT CAUSED BY EVENTS BEYOND THE REASONABLE CONTROL OF WWW.KAHARTAUTHOR.COM, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORISED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN ANY EVENT THE TOTAL LIABILITY OF WWW.KAHARTAUTHOR.COM FOR ALL DAMAGES AND LOSS, AND CAUSES OF ACTION SHALL NOT EXCEED FIVE DOLLARS (US $5.00).
Subject to these Terms both you and www.kahartauthor.com acknowledge and agree that no partnership is formed and neither of you nor www.kahartauthor.com has the power or the authority to obligate or bind the other. This Agreement will be governed by and construed in accordance with the internal laws of the State of Queensland. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and www.kahartauthor.com, and is accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and www.kahartauthor.com regarding the use of the Site.
Copyright © 2018-2019 K. A. Hart ~ Author