September 08, 2017
KIALO TERMS OF SERVICE
Welcome to Kialo! Thank you for joining the debates on our site. We’re glad you’re here.
These Terms of Service (“Terms”) apply to your use of Kialo’s website and services. Please read them carefully because by using Kialo, you agree to be bound by these Terms. If you’re using Kialo on behalf of an organization, you agree to these Terms on behalf of that organization.
You’ll find a couple of types of content on our service.
Your Content. Your contributions to Kialo are yours and yours alone. By posting content to Kialo, you agree to give us a perpetual and irrevocable license to use, copy, display, distribute, and store your content. You also agree to freely license your published content to all Kialo users on the same terms. Your unpublished content will never be shown to anyone other than the Kialo users you authorize to see it.
You’re solely responsible for the content you post to Kialo and assume all risks associated with it, including intellectual property or other legal claims. By posting content on Kialo, you represent that you have the necessary rights to that material, and that doing so doesn’t conflict with other agreements you’ve made.
We don’t pre-screen anyone’s content, but we have the right—though no duty—to review and remove your contributions to Kialo. We assume no liability for content that you or others post on our service.
Kialo’s Content and Brand Features. Kialo is protected by copyright, trademark, and other laws.
Kialo gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software we provide you to use our service. This license is for the sole purpose of enabling you to use Kialo as permitted by these Terms. If you violate these Terms, we may terminate this license.
You may not use any of Kialo’s trademarks, logos, domain names, or other distinctive brand features without our permission, except as otherwise permitted by law.
Kialo strives to provide a great service. To that end, we ask that you respect these rules, and we reserve the right to terminate your account if you don’t follow them.
- Don’t use Kialo in a manner that violates any laws, regulations, ordinances, or directives.
- Don’t use Kialo contrary to our policies.
- Don’t use Kialo to do anything threatening, abusive, harassing, defamatory, tortious, obscene, profane, or invasive of another person’s privacy.
- Don’t interfere with the proper functioning of any software, hardware, or equipment on Kialo.
- Don’t engage in any conduct that inhibits anyone else’s use or enjoyment of Kialo, or which may harm Kialo or our users.
- Don’t impersonate others on Kialo in a manner that is intended to or actually does confuse, deceive, or mislead other people.
Crawling Kialo and Exporting Discussions
Crawling Kialo is allowed in accordance with our robots instructions, and you may use our export functionality to download debates for private use. Please don’t use other means to monitor or copy any material on Kialo, either manually or through automated means (i.e., scraping), without prior written consent. If you’d like to request consent, please contact firstname.lastname@example.org.
We’re always working to improve Kialo and make our forum better, so we reserve some rights. We may change our services from time to time, and modify, suspend, or terminate user accounts that don’t comply with our terms. Kialo is not liable for any damages as a result of these actions.
Other Sites and Services
Kialo contains links to websites and other services that we neither own nor control. We don’t endorse or assume responsibility for any third-party sites, information, materials, products, or services.
We take the security of Kialo very seriously. We work hard to protect your content and account, but we can’t absolutely guarantee that third parties won’t be able to defeat our security measures. Please let us know immediately if you discover any compromise or unauthorized use of your account.
Kialo is only for users 13 years old and older. If we learn a child under 13 is using our service, we’ll terminate the child’s account.
Kialo’s copyright policy complies with the Digital Millennium Copyright Act. For more information, see our Copyright Policy.
You can disable your Kialo account at any time by sending an email to email@example.com. This means your user account will no longer be active on our service, and we will delete the personally identifiable information we have about you within 90 days.
Content that you’ve contributed to Kialo discussions will remain available to the Kialo users you previously authorized to see it, even after you disable your account, though your identity as the author will be anonymized. Other users will still be able to view the profile associated with your account, but it will no longer contain personally identifiable information.
Kialo is provided “as is” without any warranties, express or implied.
Kialo disclaims all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
(Some states don’t allow these disclaimers, so this provision might not apply to you.)
Limitation of Liability
To the fullest extent allowed by law, Kialo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, any loss of profits or revenues, or any loss of data, use, goodwill, or other intangible losses resulting from (A) your access to, use of, inability to access, or inability to use Kialo; (B) any third-party conduct or content on Kialo, including any defamatory, offensive, or illegal conduct of third parties; or (C) any unauthorized access, use, or alteration of your content.
(Some states don’t allow these limitations, so this provision might not apply to you.)
Arbitration and Opt Out
We’d like to resolve any disputes fairly and quickly. Toward that end, if you have any issue with Kialo, please contact us and we’ll work with you in good faith to try to resolve the matter.
If we can’t resolve the dispute informally, you and Kialo agree to resolve any claim against each other through final and binding arbitration.
We agree to submit the dispute to a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA) including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes, or, by separate mutual agreement, to another arbitration institution. The AAA’s rules and a description of the arbitration process are available at www.adr.org.
The location of the arbitration and the allocation of fees and costs shall be determined under the AAA rules, except that Kialo will reimburse you for all AAA administrative fees in disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a claim or counterclaim was filed for purposes of harassment or is patently frivolous.
The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. However, if your claim for damages does not exceed $75,000, Kialo will pay for all reasonable filing, administrative, and arbitrator fees, as long as the arbitrator determines that your claim is non-frivolous. If you win an arbitration award that’s more generous than any offer we made to settle the dispute, Kialo will pay you $1,500 on top of the award. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The Federal Arbitration Act governs all disputes between you and Kialo. The arbitrator will decide whether a dispute can be arbitrated.
If you opt out of the arbitration agreement (as provided below), or if the arbitration agreement is found to be unenforceable, you agree to resolve any claim you have with Kialo exclusively in a state or federal court located in Delaware, and to submit to the personal jurisdiction of the courts located in Delaware for purpose of litigating all such disputes.
Nothing shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the services.
Your Right to Opt Out of Arbitration
You may opt out of the agreement to arbitrate. If you do so, neither you nor Kialo can require the other to participate in an arbitration proceeding. To opt out, you must notify Kialo within 90 days of the date that you first agreed to these Terms.
Your written opt-out notice must include (1) your name and residence address; (2) the email address associated with your account; (3) a clear statement that you want to opt out of this arbitration agreement; and (4) your signature.
To opt out of arbitration, please send an email to firstname.lastname@example.org.
Governing Law and Jurisdiction
These Terms will be governed by the laws of the State of Delaware, except for its conflict of laws principles.
For claims that aren’t subject to arbitration, we each agree to submit to the personal jurisdiction of a state court located in Delaware or in the United States District Court for the District of Delaware.
Entire Agreement and Severability
The Terms, and the other materials incorporated by reference, constitute the full and entire agreement between you and Kialo. If any provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect.
No waiver of any provision of these Terms shall be a further or continuing waiver of that term. Kialo’s failure to assert any right or provision under these Terms does not constitute a waiver of that right or provision.
The Terms may be modified from time to time. The date of the most recent revisions will always be at https://www.kialo.com/terms, and older versions will be archived at https://www.kialo.com/terms/archive. If we make changes that we believe will substantially alter your rights, we will notify you in advance. You’ll agree to accept any changes or revisions to the Terms by continuing to use Kialo.
We welcome all questions, concerns, and feedback you might have about these terms. If you have suggestions for us, let us know at email@example.com.