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Date of Last Revision: October 06, 2011
Statement of Rights and Responsibilities
Freedom to Share and Connect
People should have the freedom to share whatever information they want, in any medium and any format, and have the right to connect online with anyone - any person, organization or service - as long as they both consent to the connection.
Ownership and Control of Information
People should own their information. They should have the freedom to share it with anyone they want and take it with them anywhere they want, including removing it from the KSI Global Service. People should have the freedom to decide with whom they will share their information, and to set privacy controls to protect those choices. Those controls, however, are not capable of limiting how those who have received information may use it, particularly outside the KSI Global Service.
Free Flow of Information
People should have the freedom to access all of the information made available to them by others. People should also have practical tools that make it easy, quick, and efficient to share and access this information.
Fundamental Equality
Every Person - whether individual, advertiser, developer, organization, or other entity - should have representation and access to distribution and information within the KSI Global Service, regardless of the Person's primary activity. There should be a single set of principles, rights, and responsibilities that should apply to all People using the KSI Global Service.
Social Value
People should have the freedom to build trust and reputation through their identity and connections, and should not have their presence on the KSI Global Service removed for reasons other than those described in KSI Global's Statement of Rights and Responsibilities.
Open Platforms and Standards
People should have programmatic interfaces for sharing and accessing the information available to them. The specifications for these interfaces should be published and made available and accessible to everyone.
Fundamental Service
People should be able to use KSI Global for free to establish a presence, connect with others, and share information with them. Every Person should be able to use the KSI Global Service regardless of his or her level of participation or contribution.
Common Welfare
The rights and responsibilities of KSI Global and the People that use it should be described in a Statement of Rights and Responsibilities, which should not be inconsistent with these Principles.
Transparent Process
KSI Global should publicly make available information about its purpose, plans, policies, and operations. KSI Global should have a town hall process of notice and comment and a system of voting to encourage input and discourse on amendments to these Principles or to the Rights and Responsibilities.
One World
The KSI Global Service should transcend geographic and national boundaries and be available to everyone in the world.
Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use KSI Global to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
Sharing Your Content and Information
You own all of the content and information you post on KSI Global, and you can control how it is shared through your privacy settings.
In addition:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with KSI Global (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of KSI Global, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about KSI Global, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Safety
We do our best to keep KSI Global safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
You will not send or otherwise post unauthorized commercial communications (such as spam) on KSI Global.
You will not collect users' content or information, or otherwise access KSI Global, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on KSI Global.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
You will not use KSI Global to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of KSI Global, such as a denial of service attack.
You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
KSI Global users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on KSI Global, or create an account for anyone other than yourself without permission.
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
You will not use KSI Global if you are under 13.
You will not use KSI Global if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on KSI Global that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on KSI Global if we believe that it violates this Statement.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including KSI - In reference to Technology, Gaming, Communities, or Toys, KSI Global, The KSI Global Gaming Network, the KSI Global and KSI Logos,), or any confusingly similar marks, without our written permission.
If you collect information from users, you will: obtain their consent, make it clear you (and not KSI Global) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will not post anyone's identification documents or sensitive financial information on KSI Global.
You will not tag users or send email invitations to non-users without their consent.
Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional terms apply to you:
We give you permission to use KSI Global's Share Link button so that users can post links or content from your website on KSI Global.
You give us permission to use and allow others to use such links and content on KSI Global.
You will not place a Share Link button on any page containing content that would violate this Statement if posted on KSI Global.
Amendments
We can change this Statement at any time, please check back regularly for updates. We will contact you via Announcement message and/or email for any MAJOR changes to our terms.
We can make changes for legal or administrative reasons, or to correct an inaccurate statement, without notice.
Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of KSI Global to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
Disputes
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or KSI Global exclusively in a state or federal court located in Hamilton County. The laws of the State of Tennessee will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Hamilton County, Tennesse for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on KSI Global, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP KSI GLOBAL UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING KSI GLOBAL AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT KSI GLOBAL WILL BE SAFE OR SECURE. KSI GLOBAL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR KSI GLOBAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR KSI GLOBAL WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, KSI GLOBAL'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Other
This Statement is an agreement between you and The KSI Global Gaming Network. References to “us,” “we,” and “our” mean either The KSI Global Gaming Network.
This Statement makes up the entire agreement between the parties regarding KSI Global, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
You will comply with all applicable laws when using or accessing KSI Global.