Terms and Conditions
Disclaimer and Terms and Conditions of Use
Welcome to KomputerHelp.com.
KomputerHelp.com supports freedom of speech, both on and off the Internet. However, the goal of this Web site is to provide access to the widest selection of services and merchandise to the largest group of people possible. To ensure a safe, nonoffensive environment for all of our users, we have established these Terms of Use and Service. It spells out what you can expect from us and what we expect from you. By accessing any areas of KomputerHelp.com, users (“Users”) agree to be legally bound and to abide by the terms set forth below. KomputerHelp.com is owned and operated by KoolKomputer LLC, a Connecticut limited liability company. Any references herein to KomputerHelp.com shall be deemed to refer to KomputerHelp.com and/or KoolKomputer LLC, as applicable under the circumstances.
I. TRADEMARKS AND SERVICE MARKS
“KomputerHelp.com,” “KomputerHelp” and “KoolKomputer” are all service marks of KoolKomputer LLC, a Connecticut limited liability company, and/or its affiliates. All rights to these service marks are reserved. These and other KomputerHelp.com graphics, logos, trade names, trade dress, service marks and trademarks of KoolKomputer LLC and its affiliates may not be used without the prior written consent of KoolKomputer LLC or its affiliates, as the case may be, which consent may be withheld by KoolKomputer LLC or its affiliates in their sole discretion. All other trademarks, service marks, product names, and company names and logos appearing on KomputerHelp.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of KomputerHelp.com is at User’s sole risk. Neither KomputerHelp.com nor its affiliates nor any of their respective members, officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that KomputerHelp.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of KomputerHelp.com, or as to the accuracy, reliability, completeness or currency of any information content, service, or merchandise provided through KomputerHelp.com.
THIS SITE IS PROVIDED BY KOMPUTERHELP.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. KOMPUTERHELP.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KOMPUTERHELP.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KOMPUTERHELP.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY KOMPUTERHELP.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL ANY USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance shall KomputerHelp.com or any other party involved in creating, producing, or distributing KomputerHelp.com’s content, information, products and services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use KomputerHelp.com, including but not limited to reliance by User on any information obtained from KomputerHelp.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to KomputerHelp.com’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through KomputerHelp.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Further, under no circumstance shall KomputerHelp.com or any other party involved in creating, producing, or distributing KomputerHelp.com’s content, information, products and services be liable to any User for an amount that exceeds the lesser of (i) the total purchase price of products and services sold to such User or (ii) One Hundred U.S. Dollars ($100.00).
III. CONTENT
A. PROPRIETARY RIGHTS
User acknowledges that KomputerHelp.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and KomputerHelp.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III(A) above, User may upload to or otherwise distribute on KomputerHelp.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither KomputerHelp.com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to KomputerHelp.com at the following email address: copyright@KomputerHelp.com. By submitting Content to any area of this Website, including without limitation any product reviews or participation in any chat rooms, user automatically grants, or warrants, that the owner of such Content has expressly granted KomputerHelp.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on KomputerHelp.com retains any and all rights which may exist in such Content.
C. THIRD-PARTY CONTENT
KomputerHelp.com is a distributor and not a publisher of Content supplied by third parties and Users. KomputerHelp.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of KomputerHelp.com, are those of the respective authors or distributors and not of KomputerHelp.com or its affiliates or any of their members, officers, directors, employees or agents. Neither KomputerHelp.com nor its affiliates, nor any of their members, officers, directors, employees or agents, nor any third party, including any Provider, or any other User of KomputerHelp.com, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through KomputerHelp.com represents the opinions and judgments of the respective Provider, or User not under contract with KomputerHelp.com. KomputerHelp.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on KomputerHelp.com by anyone other than authorized KomputerHelp.com employees. Under no circumstances shall KomputerHelp.com, or its affiliates, or any of their members, officers, directors, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through KomputerHelp.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through KomputerHelp.com.
Special Rules Relating to Blog Postings and Other Content Contributed by User
The services offered by KomputerHelp.com may from time to time include blogs, Internet messaging services, online chat, and other “social media” features, content or applications (collectively, the “KomputerHelp.com website”). The rules in this Section relate to any and all the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that a User may post to the KomputerHelp.com website.
Proprietary Rights in User Content. KomputerHelp.com does not claim any ownership rights in the User Content that Users post to the KomputerHelp.com website. After posting User Content to the KomputerHelp.com website, the User continues to retain all ownership rights in such User Content, and continues to have the right to use the User Content in any way the User chooses.
By displaying or publishing (“posting”) any User Content on or through the KomputerHelp.com, the User hereby grants to KomputerHelp.com or its affiliates a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content solely on and through the KomputerHelp.com website. Without this license, KomputerHelp.com would be unable to provide the KomputerHelp.com website. The license granted to KomputerHelp.com is non-exclusive (meaning Users are free to license their User Content to anyone else in addition to KomputerHelp.com), fully-paid and royalty-free (meaning that KomputerHelp.com is not required to pay Users for the use on the KomputerHelp.com website of the User Content), sub-licensable (so that KomputerHelp.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the KomputerHelp.com website), and worldwide (because the Internet and the KomputerHelp.com website are global in reach). This license will terminate at the time Users remove their Content from the KomputerHelp.com website. The license does not grant KomputerHelp.com the right to sell User Content, nor does the license grant KomputerHelp.com the right to distribute User Content outside of the KomputerHelp.com website.
Each User represents and warrants that: (i) the User owns all User Content posted by the User on or through the KomputerHelp.com website or otherwise has the right to grant the license set forth in this section, and (ii) the posting of User Content on or through the KomputerHelp.com website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. User agrees to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by User to or through the KomputerHelp.com website.
User Responsible for User Content. KomputerHelp.com may delete any User Content that in the sole judgment of KomputerHelp.com violates these Terms and Conditions of Use or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. KomputerHelp.com assumes no responsibility for monitoring the KomputerHelp.com website for inappropriate User Content or conduct. If at any time KomputerHelp.com chooses, in its sole discretion, to monitor the KomputerHelp.com website, KomputerHelp.com nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.
Each User is solely responsible for the Content that such User posts on or through any portion of the KomputerHelp.com website, and any material or information that Users transmit to other Users and for their interactions with other Users. KomputerHelp.com does not endorse and has no control over the User Content. User Content is not necessarily reviewed by KomputerHelp.com prior to posting and does not necessarily reflect the opinions or policies of KomputerHelp.com. KomputerHelp.com makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that Users transmit to other Users.
Non-commercial Use of Website. The KomputerHelp.com website is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by KomputerHelp.com. Illegal and/or unauthorised use of the KomputerHelp.com website, including collecting usernames and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorised framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from the KomputerHelp.com website without notice and may result in termination of User privileges or such User being blocked from the KomputerHelp.com website. Appropriate legal action will be taken for any illegal or unauthorised use of the KomputerHelp.com website.
D. EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations–including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from KomputerHelp.com to either a foreign national or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use KomputerHelp.com only for lawful purposes. User is prohibited from posting on or transmitting through KomputerHelp.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If KomputerHelp.com is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), KomputerHelp.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from KomputerHelp.com. KomputerHelp.com may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate KomputerHelp.com; or (iii) to protect the rights or property of KomputerHelp.com, its Users or Providers.
KomputerHelp.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, KomputerHelp.com, the communities that make up KomputerHelp.com, or any rights of KomputerHelp.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither KomputerHelp.com nor its Providers can ensure prompt removal of questionable Content after online posting.
Accordingly, neither KomputerHelp.com, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on KomputerHelp.com.
V. PRIVACY POLICY
In accordance with the terms of KomputerHelp.com’s Privacy Policy, KomputerHelp.com respects the privacy of its Users. To view our Privacy Policy, click here: www.KomputerHelp.com/Privacy%20Policy.html.
VI. TERMINATION OF USAGE
KomputerHelp.com may terminate User’s access, or suspend User’s access to all or part of KomputerHelp.com, without notice, for any conduct that KomputerHelp.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or KomputerHelp.com.
VII. USAGE BY CHILDREN UNDER 13
KomputerHelp.com cannot prohibit minors from visiting this site. KomputerHelp.com must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
KomputerHelp.com requires that all purchases be made either: (i) by individuals 13 years of age or older, or (ii) by minors under 13, through a KomputerHelp.com authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT KOMPUTERHELP.COM, YOU ARE REPRESENTING TO KOMPUTERHELP.COM THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A KOMPUTERHELP.COM AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
VIII. APPLICABLE LAW
This site is created and controlled by KoolKomputer LLC in the State of Connecticut. As such, the laws of the State of Connecticut will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. KomputerHelp.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Connecticut, and of the United States of America located in the State of Connecticut, for any litigation arising out of or relating to use of or purchase made through KomputerHelp.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of Connecticut, and agrees not to plead or claim in any court of the State of Connecticut that such litigation brought therein has been brought in an inconvenient forum.
IX. SEVERABILITY
The provisions of these Terms of Use and Service are intended to be severable. If for any reason any provision of these Terms of Use and Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
X. ACKNOWLEDGMENT; CHANGES TO TERMS AND CONDITIONS TO USE
The Terms of Use and Service, including all documents referenced herein, represents the entire understanding between you and KomputerHelp.com regarding your relationship with KomputerHelp.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using the KomputerHelp.com Web site.
The aforementioned Terms of Use and Service are subject to change at any time without notice to you. Any and all future changes to these Terms of Use and Service will be posted at www.KomputerHelp.com/Disclaimer.html.