terms of service
effective MARCH 24, 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND KNOW FUN LLC. FURTHER, THESE TERMS OF SERVICE INCLUDE REPRESENTATIONS BY YOU, THE ASSUMPTION BY YOU OF CERTAIN RISKS, IMPOSE OBLIGATIONS ON YOU, CONTAIN AN AGREEMENT TO ARBITRATE, AND REQUIRE ANY ACTION TO BE INITIATED WITHIN A LIMITED TIME PERIOD.
(a) Defined terms are indexed at the end of these Terms of Service.
(i) online digital services to assist content creators to manage, grow, market, and monetize their social media platforms;
(ii) the provision of business and marketing information in the field of social media and content providers including best practices in the field of social media marketing;
(iii) the provision of data on social media access and activity by social media users;
(iv) the provision of an online marketplace and exchange for the purchase and sharing of content and which allows Users to upload, view, copy, print, edit, modify, download, share, and collaborate on content;
(v) the provision of an online marketplace and exchange for those Users who or which create Content to purchase and sell promotional services to other Users who or which create Content, for which transactions the Company may be entitled to a Commission;
(vi) the provision of an online marketplace and exchange for Users to purchase and sell general goods or services to other Users, for which transactions the Company may be entitled to a Commission;
(vii) the provision of an online job board which connects Users who or which create Content with Users who or which provide goods or services to Content creators, for which connections the Company may be entitled to a Commission;
(viii) the creation of an online community for Users to schedule posts, messages, and collaborative activity, and to share content with other others online;
(ix) software to allow Users to write, record, and speak scripts and to generate text, audio, and visual replies to messages;
(x) the provision of online web and social media directory services featuring hyperlinks and quick response (QR) code links to the websites and social media of others;
(xi) the provision of online chat rooms and electronic bulletin boards;
(xii) media directory services;
(xiii) the hosting and marketing of digital content including a searchable gallery of content; and
(xiv) the streaming of digital media content for Users.
Section 2. Binding Effect.
(b) The Company reserves the right to amend these Terms of Service at any time and from time to time. While the Company shall endeavor to provide reasonable notice, whether by email, pop-up notice when logging on or accessing the Services, or otherwise, you are urged to frequently review these Terms of Service to ensure that you understand your rights and obligations hereunder.
(c) These Terms of Service incorporate by reference the Company’s Privacy Policy which is accessible by clicking here.
(d) Should you disagree with any of these Terms of Service, you may terminate your Account, remove any Facilities from your personal computing and mobile systems, and cease accessing and using any Services and Facilities.
Section 3. Scope of Services.
(i) modify or change the Services;
(ii) modify or change the manner in which any Service appears, displays, sounds, operates, or interacts with other Services, Facilities, or third party products or services;
(iii) temporarily suspend any Service;
(iv) permanently terminate any Service; and
(v) modify, change, or temporarily or permanently remove any Protected Work.
(b) Without limiting the generality of Section 3(a), any Service or Facility may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons including, without limitation, poor cellular network coverage or cellular network failure.
(c) The Company shall have no liability to you, any other User, or any third party for the modification, change, suspension, termination, or temporary unavailability of any Service or Facility.
(d) You are responsible for obtaining, and paying for, any equipment and internet service necessary to access the Services and Facilities and for paying any fees for the equipment and services you select. The Company is not responsible for the availability of your internet access or the operation of your systems.
(e) In the event that you downloaded an app to use the Services, the Company hereby grants to you a personal, royalty-free, worldwide, non-exclusive, non-sublicensable, and non-assignable license to use such app solely in connection with the Services and solely during your full compliance with these Terms of Service.
Section 4. Access.
(a) In order to access and use the Services or Facilities, you must be an Adult.
(b) You, as a User, may be able to access and use certain Services and Facilities from time to time without registering or creating an account.
(d) In the event that any of your User Information changes for any reason, you are obligated to promptly update your Account with the new User Information. This is particularly important so that we may contact you and, if part of the Services provided to you, make payments and remit tax information to you.
(e) The Company has the right, but not, except as required by law, the obligation, to verify whether the User Information provided by any User is accurate including, without limitation, by accessing third party sources and databases, and by retaining the services of credit rating agencies, investigators, and other third parties.
(g) You agree that you are solely responsible for protecting your Login Credentials from unauthorized use and for maintaining the confidentiality of your Account and password. You hereby accept all responsibility for all activities that occur under your Login Credentials. You agree to notify the Company immediately if you believe that any of your Login Credentials has been or may be used without your permission so that appropriate action may be taken. You may not (i) create more than one Account at any time, (ii) share your Login Credentials with any third party, or (iii) transfer your Account to any third party.
(h) The Company hereby disclaims any responsibility or liability for any loss or damage caused by, or expense incurred by, you as a result of your failure to safeguard your Login Credentials.
(j) Provided that you do not have any outstanding payments then due, you may terminate your Account at any time by deleting your Account.
(k) Provided that you deleted your Account or you allowed your Account to lapse by not using your Account for a sufficiently long period, you may reactivate your Account by following the process set forth by the Company from time to time, during a time period established by the Company from time to time following the deletion or deactivation of your Account. If your Account may no longer be reactivated, the Company may, in its discretion, permit you to create a new Account.
(l) Upon the termination of any Account, the Company may, in its sole discretion, leave in place or remove any Content and Comments related to that Account.
(m) The Company hereby disclaims all responsibility and liability to you or any other person or entity for (i) the termination of any Account, (ii) the refusal of the Company to register any new, reactivated, or alternate Account, and (iii) the failure to provide you or any other person or entity with access to the Services and Facilities including, without limitation, at any time or for any length of time.
Section 5. Payments To the Company.
(a) While some of the Services may be used without payment, other Services may require payments on an individual, one-time payment basis, on a subscription basis, or on a Commission basis.
(b) One-time purchases from the Company will be for the Services and at the prices specified on the purchase window for such purchase.
(d) Services offered by the Company on a subscription basis will be for the fixed term and price specified in the purchase transaction when subscribing.
(e) Subscriptions will automatically renew at the end of the then-current subscription period and at the end of each successive subscription period. When automatically renewed, the renewal term shall be for the same fixed term as was the then-current term or, if such fixed term is no longer offered by the Company, for the next longer term or, if there is no longer term, for the next shorter term. When automatically renewed, one of the payment methods on file with your Account shall be automatically, without any action by you, charged the then current price for such renewal term plus applicable taxes. YOU ACKNOWLEDGE AND AGREE THAT ANY SUBSCRIPTION YOU PURCHASE WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL THE SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS OF SERVICE OR THE COMPANY SUSPENDS OR TERMINATES THE APPLICABLE SERVICE. YOU MAY HAVE ADDITIONAL SUBSCRIPTION CANCELLATION RIGHTS UNDER APPLICABLE LAW.
(f) You may cancel any subscription through the subscription area of your Account at any time before the automatic renewal of the subscription. There is no fee to cancel a subscription as described in this Section 5(f).
(g) If your Account is terminated by you, or by the Company for a reason described in Section 4(i), in either case prior to the expiration of a subscription period, the Company will be under no obligation to refund or credit any amount for the unused portion of the subscription period. If the Company terminates a Service, or terminates your Account other than for a reason described in Section 4(i), then the Company shall refund to you a per diem amount for the number of days remaining in the subscription period after the date of termination.
(h) The Company may permit access to a Service on a free-trial basis. If so, (i) the Company may ask for your credit or debit card authorization for any automatic subscription at the end of the free-trial, (ii) your credit or debit card will be automatically charged at the end of the free-trial period if you have not already canceled the automatic subscription, (iii) if you timely cancel the automatic subscription in accordance with the procedure in Section 5(f), your credit or debt card will not be charged; and (iv) the procedure and time periods for canceling any automatic subscription are as set forth in Section 5(f).
(i) Notwithstanding any other provision of these Terms of Service, in the event that your payment method is declined for any reason, the one-time purchase, subscription or subscription renewal, and the related Services, as the case may be, will terminate or may be terminated by the Company without notice.
(j) The Company may, from time to time and in its sole discretion, offer certain promotional codes for discounts or rebates. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. The Company reserves the right to restrict promotional codes from being used (i) more than once, (ii) by more than one User, (iii) in conjunction with any other offer or promotional code, and (iv) after an expiration date or any other date the Company may elect to terminate the promotional code. Lost promotional codes cannot be replaced. Promotional codes are void where prohibited.
(k) Unless specified otherwise at the time of purchase, charges collected by, or on behalf of, the Company for Services will include all applicable taxes, levies, or duties imposed by taxing authorities, and you are responsible for the payment of all such taxes, levies, or duties in order to complete the transaction. The taxes, levies, or duties so collected will, as required by law, be remitted to the applicable tax authorities by the Company or its Payment Processor.
(m) You will share your credit and debit card information, and such User Information as needed to complete any purchase transaction, directly with the Payment Processor. For security purposes, the Company will not request or collect, and you should not disclose or provide to the Company, your credit or debit card information.
Section 6. Payments to Other Users.
(a) Some of the Services may permit purchases by one User from another User. In that case, such purchase shall be on such terms as fixed by the selling User and as agreed by the purchasing User.
(b) Unless otherwise provided under applicable law, all sales by one User to another are final and all payments are final and nonrefundable.
(c) Purchases by one User from another User shall be run through the Company’s Payment Processor. The purchase price paid, less the commission charged by the Company as specified from time to time for that Service, shall be remitted to the selling User and the commission retained by the Company. All applicable sales and use taxes collected as part of such purchase transaction shall be remitted to the applicable tax authorities by the Company or the Payment Processor. The Company may issue to the selling User a tax reporting form for the income earned by such selling User from the sale or products or services through the Services. To the extent that the Company and its Payment Processor does not remit applicable taxes to tax authorities, Users hereby agree to pay, and indemnify the Company and the Payment Processor for the non-payment of, all sales, use, income, and other taxes, and for related interest, penalties, assessments, and other charges payable by the User in respect of products and services sold by the User through the Services.
(d) Except for the purposes of managing and processing payment transactions from one User to another User, each of the Company and the Payment Processor hereby disclaim any responsibility or liability for (i) products and services purchased by one User from another User or the quality thereof, (ii) representations made by a User about the products and services, (iii) the terms and conditions of any such purchase, (iv) the delivery of products or services on a timely basis or at all, (v) the legality of such purchase, or (vi) any other aspect whatsoever of such purchase.
Section 7. Use of the Services.
(i) obtain unauthorized access to any Service, Facility, or Content;
(ii) access any Service or Facility by using automated means such as robots, botnets, or scrapers;
(iii) transfer your Account or Login Credentials to another User, person, or entity without the Company’s prior written consent;
(iv) share your or another User’s Login Credentials with other persons or entities;
(v) impersonate the Company, another User, or any of the Company’s or another User’s personnel or representatives;
(vi) interfere with any other User’s access to or use of the Services or Facilities except for password-protected collaboration areas of the Services which you control;
(vii) delete, destroy, disable, mutilate, modify, or alter any other User’s Content or Comments unless done in a password-protected collaboration area of the other User to which you have been granted access for the purpose of collaborating on such Content;
(viii) upload, display, stream, broadcast, or transmit any Content or Comment that is unlawful, harmful, threatening, abusive, harassing, defamatory, offensive, or that advocates or counsels any unlawful act;
(ix) use an offensive name or language;
(x) post hateful, vilifying, humiliating, or dehumanizing Content or Comments, or other Content or Comments that incite hatred for, fear of, or attacks against, another person or group of persons by reason of their race, citizenship, ethnic origin, immigration status, age, disability or disease, religion or lack thereof, caste, sex, gender identification or expression, sexual orientation, or other protected characteristic;
(xi) harass, abuse, or threaten, or create a hostile environment for, another User or any other person or entity;
(xii) exploit or assist or facilitate any other person to exploit, directly or indirectly, a Minor;
(xiii) solicit personal or identifying information from a Minor;
(xiv) post Content or any Comment which infringes the copyright, trademark right, or other intellectual property rights of the Company or another User or another person or entity;
(xv) invade the privacy of any other User, person, or entity including, without limitation, posting personally identifying or otherwise private information about a person without their prior written consent (or their parent’s prior written consent in the case of a Minor);
(xvi) harvest or otherwise collect information about Users or their Accounts or Login Credentials (A) without their prior written consent or (B) except to the extent provided as part of the Services;
(xvii) circumvent, disable, or interfere with, or attempt or seek to circumvent, disable, or interfere with the Services or Facilities or any security mechanisms protecting the Services, Facilities, or the Content or Comments of other Users;
(xviii) disturb or interfere with the operation of the Services or Facilities in any manner including without limitation by imposing an unreasonable or disproportionate burden thereon or otherwise engage in disruptive activity such as, by way of example only and without limitation, sending multiple messages in an effort to monopolize or overwhelm a messaging forum, bulletin board, or collaboration area;
(xix) introduce viruses, worms, Trojan horses, and/or harmful code into the Services, Facilities, or any Content or Comment;
(xx) violate any federal, state, local, or foreign law, regulation, or rule;
(xxi) encourage conduct that would constitute a criminal or civil offense;
(xxii) offer to remove or alter, or remove or alter, Content or Comments, whether your own or another User’s, in exchange for money or other consideration, or other forms of blackmail activity;
(xxiii) give the impression that the Company or another User endorses, recommends, or approves of any of your Content, Comments, products, or services without a written consent from, respectively, the Company or that other User ;
(xxiv) manipulate, by any means, the price of any Service including, without limitation, through the use of an alias or decoys or by placing false offers for the sale or purchase of Services;
(xxv) circumvent or manipulate the Company’s fee structure, Commissions, the billing process, or fees owed to the Company or to any other User; or
(xxvi) rent, lease, resell, repackage, remarket, or sublicense any Service.
(b) Without limiting the generality of the provisions of Section 7(a), you are prohibited from posting Content or Comments that includes, shows, depicts, or implies an endorsement from any individuals from whom you do not have written consent for the use of their name, voice, image, photo, or likeness, or, in the case of a Minor, from the Adult parent or guardian of that Minor. Such prohibition includes, without limitation, Content or Comments that are “deepfakes” or material that has been digitally altered (other than Minor Corrections) or created using artificial intelligence.
(c) Without limiting the generality of the provisions of Section 7(a), you are prohibited from posting Content or Comments that includes, shows, depicts, promotes, advertises, endorses, or advocates:
(i) a Minor;
(ii) violence, sexual assault, rape, lack of consent, hypnosis, drugging or inducing intoxication for the purposes of sexual activity without consent, other unsolicited or unwanted sexual activity or bodily harm, objectification, torture, sadism, masochism, hardcore bondage, extreme bodily penetration, bodily injury or mutilation whether inflicted on oneself or on another person;
(iii) public nudity or sexual activity in a country or other place which prohibits the photographing, recording, copying, transmission, or streaming of such material;
(iv) suicide or necrophilia;
(v) incest, bestiality, urination, defection, or scatological or excrement-related activity;
(vi) any nude or sexually explicit materials or depictions for which any individual depicted as not provided written consent whether or not used for the purpose of revenge;
(vii) prostitution, sex trafficking, or escort services;
(viii) the illegal use of drugs or drug paraphernalia;
(ix) the illegal use of firearms or other weapons; or
(x) the commission or any crime or illegal activity.
(d) If you are ever in doubt as to whether any action, or failure to take action, would breach these Terms of Service, you should (i) err on the side of caution and (ii) contact the Company at legal@know.fun for guidance. Note that any inquiry made hereunder may take time to evaluate: the Company makes no representation or warranty as to its ability to respond within any time period or at all.
(e) The Company makes no representations that the Services or Facilities are appropriate or available for use outside the United States of America. If you choose to access or use the Services or Facilities from outside the United States of America, you do so on your own initiative and at your own risk, and you agree and acknowledge that you are responsible for complying with all applicable United States laws as well as your local laws, regulations, and rules. If you transact business through the Services or Facilities with a party that is located outside the United States of America, you agree and acknowledge that you do so voluntarily, that you are responsible for complying with all applicable United States laws, regulations, and rules as well as any local laws, regulations, and rules that may impact your transaction, and you understand that the Company disclaims all responsibility related to such transaction.
Section 8. Links and References.
(a) You may provide a link from another site to your Content on the Services provided that you comply with the following requirements:
(i) you may use the Company name or any of its domain names as part of the link or to describe the link, but may not reproduce any Company trademark, service mark, trade dress, or logo;
(ii) you may not imply that the Company approves of or endorses anything in the page containing the link; and
(iii) the content and other information on the page containing the link must not damage the reputation of the Company, the Services, or the Facilities.
(b) The Services may contain links to non-Company websites that are provided to you as a convenience. Any such website is independent from the Company and the Company has no control over, or responsibility for, the content of such website. The Company disclaims any liability for any loss or damage incurred by you arising out of, in connection with, or related to your use of any such website.
(c) If you wish to register a domain name that includes all or any confusingly similar portion of any Company domain name, trademark, or service mark, you must first contact the Company and obtain the Company’s written permission which permission may be withheld by the Company in its sole discretion. Any failure to obtain such prior written permission will be deemed to be a breach of these Terms of Service and the Company reserves the right to take action against you and appropriate domain registries to terminate your use and registration of such domain name.
(d) Any link or reference in any Service or Facility to any third party, any third party product or service, or the content and information on any non-Company website shall not be construed as an approval or endorsement by the Company and shall not be deemed to suggest or confirm that the Company has reviewed or verified any such content or information.
(e) The appearance of any Content or Comment in the Services does not mean, and shall not be deemed to be, a suggestion or confirmation by the Company that it has reviewed or verified such Content or Comment.
Section 9. Advertising.
(b) You are solely responsible for ensuring that all Advertising complies with all applicable laws, regulations, and rules including, without limitation those restricting the marketing of products and services to minors; products that contain tobacco, alcohol, or drugs; and services that promote gambling or other restricted or controlled activities. The Company hereby disclaims any responsibility or liability for reviewing Advertising or ensuring that it is in compliance with applicable laws, regulations, and rules.
(c) You shall not at any time use the Services or Facilities to distribute unsolicited or unwanted Advertising including, without limitation, mass solicitations.
(d) You shall not pay or provide undisclosed incentives to anyone to highly rate, like, or otherwise promote your Content, Comments, or other products or services you provide, whether through the Services or outside of the Services.
(e) The Services may depict marketing or promotional material provided or paid for by third parties. Please be aware that (i) the technology used by such third parties may deliver their marketing and promotional material directly to your browser or app, allow the third party to receive your internet protocol address, permit the third party to place cookies or web beacons on your systems, permit the third party to collect information about your viewing of, or response to, their marketing or promotional material or your use of the Services or Facilities, and (ii) that you may be able to limit such access by changing the settings on your systems.
(f) The Company shall be permitted to make Minor Corrections to Advertising and to block any Advertising which the Company believes does not comply with applicable laws or these Terms of Service.
Section 10. Your Representations to the Company.
(i) that you are an Adult;
(ii) any User Information or other information you provide to the Company from time to time is true and correct in all respects, and is in no way misleading;
(iv) in the event that any Content you upload to any Service or Facility shows any trademark, service mark, trade dress, logo, brand name, business name, or the name of any individual, you have a written license agreement with the owner of such trademark, service mark, trade dress, logo, brand name, or with such business or individual to upload, display, modify, and use the Content on the Services and Facilities;
(v) in the event that any Content you upload to the Services or Facilities shows any individual, you have (A) verified such individual’s age by viewing a government-issued photo identification and you have obtained prior written permission from such individual or (B) if such individual is a minor, you have obtained prior written permission from the parent or legal guardian of such individual, verified such parent or guardian’s age by viewing a government-issued photo identification, and verified such parent or guardian’s relationship to, or legal authority over, the minor;
(vi) in creating any content, you have complied with all applicable laws, regulations, and rules including, without limitation, 18 U.S.C. §2257 and regulations thereunder; and
(vii) all Content and Comments you upload or post to the Services or Facilities complies in all ways with any applicable laws restricting the marketing of products and services to minors; products that contain tobacco, alcohol, or drugs; and services that promote gambling or other restricted or controlled activities.
(b) You agree to promptly provide to the Company, upon the Company’s request, copies of documents and other records, whether printed or digital, evidencing your representations in Section 10(a).
Section 11. The Company’s Protected Works.
(b) You agree that you shall not (i) create or operate any platform, site, or business that is based in whole or in part on the Services or Facilities; (ii) copy, reproduce, modify, create derivative works from or based on, publish, distribute, transmit, publicly display or post on any other website or to any third party any Protected Work without the prior written consent of the Company on a case by case basis; (iii) reproduce or transmit any Protected Work in any form, by any means, electronic or mechanical, including photocopying and recording for any purpose; (iv) reverse engineer, decompile, disassemble, modify, distribute, reproduce, republish or sell in any form or by any means, in whole or in part, any of the Protected Work, or (v) use a spider, web crawler, or similar method to copy or extract Protected Work.
(c) Subject to your compliance with these Terms of Service, you may view, copy, download, and print Protected Work that is available through the Services or on the Facilities, subject to the following conditions:
(i) you may only use Protected Work in connection with your use of the Services in accordance with these Terms of Service or for internal informational purposes in compliance with all laws and regulations that apply to you;
(ii) you may not modify Protected Work, prepare derivative works based on the Protected Work, or distribute copies of or publicly perform or display any Protected Work, including without limitation by posting Protected Work on any network computer or distributing the Protected Work on or in any media; and
(iii) you may not remove copyright, trademark, and other proprietary notices from the Protected Work.
(d) Nothing contained in the Services or Facilities should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Protected Work except as expressly permitted by these Terms of Service or with the Company’s prior written permission.
(e) Some software used to provide the Services or Facilities may contain open source software for which an open source license may apply.
Section 12. Your Content.
(a) The Company does not claim ownership of any Content submitted by Users. By submitting such Content, however, you hereby grant the following licenses:
(i) to the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, assignable, and sub-licensable license to do the following:
(A) with respect to Content uploaded to, or created on, password-protected collaboration areas of the Services, to use, modify as needed for proper display on the Services and Facilities, and display or stream as part of the Services provided in connection with such collaboration activities;
(B) with respect to all other Content, to use, modify, amend, create derivative works from, display, stream, broadcast, and publicly perform; and
(C) with respect to all Content, the right to temporarily remove or delete, or to block access to, any Content which the Company determines to be offensive, defamatory, or contrary to these Terms of Services or law, regulation, or rule including, without limitation, any Content which advocates for the breach of these Terms of Service or any law, regulation, or rule; and
(ii) to other Users a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to do the following:
(A) with respect to Content uploaded to, or created on, password-protected collaboration areas of the Services, to use, modify, and otherwise collaborate on such Content as part of the Services provided in connection with such collaboration activities; and
(B) with respect to all other Content, to view, display, and stream such Content for personal use.
(b) You acknowledge and agree that the license granted by you to the Company under Section 12(a) shall survive the termination of your Account and your use of the Services and Facilities.
(c) DO NOT INCLUDE ANY SENSITIVE PERSONAL INFORMATION IN YOUR CONTENT AND COMMENTS. Be cautious about including any other Personal Information in your Content and Comments. The Company cannot monitor all Content and Comments, and disclaims any responsibility for reviewing Content and Comments for Personal Information or for removing or redacting Personal Information from Content and Comments. Please be aware that unscrupulous persons may use information obtained from Content and Comments to target you for scams, fraud, or other harmful activity. The Company cannot control the actions of third parties who may target you.
(d) You acknowledge that any Content and Comments you upload or post to the Services may be accessed, viewed, used, and potentially copied by other Users. The Company cannot monitor the use of your Content and Comments for the purposes of guarding against any unauthorized use and disclaims any responsibility or liability for doing so. You further acknowledge that even if your Account is terminated, the Company and other Users may still be able to access, view, use, and potentially copy your Content and Comments in accordance with the licenses granted under Section 12(a).
(e) If you believe that any Content infringes your copyright, you may request that such Content be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
(i) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of the copyrighted work within the Services;
(ii) identification of the Content that you believe to be infringing and its location, including a description of the Content, and location on the Services or Facilities or other pertinent information that will help the Company to locate such Content;
(iii) your name, address, telephone number and email address;
(iv) a statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law;
(v) a statement that the information in your claim is accurate; and
(vi) a physically or electronically signed statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the copyright owner’s behalf.
(f) To contact the Company about copyright issues, please write to legal@know.fun.
(g) Though the Company does not assume any obligation to investigate or take action with respect to any claim of copyright infringement, if the Company does investigate, you hereby agree to promptly upon the Company’s request and at your cost, provide any and all assistance needed to conduct such investigation including, without limitation, providing the Company with copyright registrations, other evidence of ownership of Content, and evidence of alleged infringement.
(h) The Company assumes no obligation or liability with respect to the removal, or leaving in place, of any Content to which you object.
(i) The Company reserves the right to terminate and/or temporarily disable the Accounts of Users who infringe the intellectual property rights, including without limitation copyrights, of the Company, other Users, or other persons or entities.
(j) The Company has the right to monitor or review Content at any time and from time to time. The Company expressly disclaims any obligation to monitor, review, or remove any Content.
Section 13. Confidentiality.
(a) Generally, no Content or Comments are confidential. They can be viewed and accessed by Users as permitted by the Services being used.
(c) Users shall not use or divulge another User’s Confidential Content outside of the password-protected collaboration area to which such Confidential Content was uploaded or posted except (i) with the prior written consent of the User who uploaded or posted such Confidential Content or (ii) to report a suspected breach of any criminal law involving Confidential Content.
(d) The Company assumes no obligation or liability to monitor, police, or protect Confidential Information or to report to anyone any breach of confidentiality except as required by applicable law.
Section 14. Assumption of Risk by You.
(a) YOUR USE OF THE SERVICES AND FACILITIES IS AT YOUR OWN RISK.
(b) The Services do not provide warnings about the content or subject matter of Content or Comments. You acknowledge and agree that by viewing Content and Comments on the Services and Facilities, you may see content which you find to be offensive or shocking. You are hereby advised to exercise caution when accessing Content and Comments and to comply with all laws and contractual (including employment) obligations appliable to you. The Company disclaims any responsibility or liability for monitoring your viewing of Content and Comments or for posting warnings about Content and Comments.
(c) You acknowledge and agree that by using the Services or by uploading or posting Content or Comments, you may reveal your identity or other information to other Users.
(d) You acknowledge and agree that by using the Services or by uploading or posting Content or Comments, you may provide third persons or entities with sufficient information to target you for scams, crimes, or other harassing or improper activities.
(e) You acknowledge and agree that by using the Services or by downloading Content or Comments, your systems and equipment may become infected with bugs, viruses, Trojan horses, or other malicious or disabling code.
(f) You personally assume all risk associated with your use of the Services and Facilities including, without limitation, invasion of your privacy, defending against scams, and obtaining and using appropriate virus protection software.
(g) The Company disclaims any responsibility or liability for monitoring your use of the Services and Facilities to ensure that your identity or other information is protected or remains confidential. The Company further disclaims any responsibility or liability for monitoring any Content or Comments to check for, or remove or disable, bugs, viruses, trojan horses, or other malicious or disabling code.
Section 15. Relationships Among the Company and Users.
(a) By creating an Account you are personally establishing a relationship with the Company. Such relationship is not affected by the fact that you may at any time or from time to time hire or retain professional representation such as an agent or management company to represent or manage your work or Content. The Company disclaims any responsibility or liability to any third party agent, management company, or other professional representative.
(b) In all matters relating to the Services and Facilities, the Company will be acting as an independent contractor to the Users and nothing in these Terms of Service or in any course of dealing between the Company and any User will be construed as creating a partnership, association, joint venture, employer-employee, or agency relationship except to the sole extent that the Company and Payment Processor process payments from one User to another User.
(c) To the extent that you offer any other User compensation for assisting you with respect to your use of any Service or Facility, you agree to the following covenants:
(i) you, not the Company, shall be solely responsible for, and you shall honor, any and all compensation, benefit, vacation, financial, and other remuneration commitments you make to such other User;
(ii) you, not the Company, shall be solely responsible for all tax, social security, Medicare, pension, unemployment insurance, disability insurance, medical leave, family leave, and other withholding and payment obligations associated with such compensation, benefit, vacation, financial, and other remuneration commitments;
(iii) you, not the Company, shall be solely responsible for complying with all employment, labor, and employment and labor related laws applicable to the relationship between you and such other User; and
(iv) you, not the Company, shall be solely responsible for hiring and terminating any such other User including, without limitation, paying severance
(d) To the extent that you use any collaboration area, message board, or bulletin board in any Service for business or commercial activities, you agree to the following:
(i) you, not the Company, shall be solely responsible for any and all income, sales and use, and other taxes on any income you generate from your use of, or through, the Services and Facilities;
(ii) you acknowledge and agree that the Company may display advertisements on the Services or Facilities, or in connection with your Account, without any payment or other obligation to you;
(iii) you acknowledge and agree that the Company disclaims all responsibility or liability for providing you with access to the Services and Facilities including, without limitation, at any time or for any length of time; and
(iv) you further acknowledge and agree that you will comply with all applicable state, federal, and foreign laws, regulations, and rules and assume all responsibility for making payments related to social security, unemployment insurance, disability insurance, or worker’s compensation insurance.
Section 16. Messages, Advice, Offers, Ratings, Reviews, and Comments.
(b) You agree that you have no obligation to follow or act upon any Comment and, to the extent that you do so, you do so entirely at your own risk.
(c) The Company disclaims any responsibility or liability for monitoring your use of and reliance upon Comments.
(d) Comments may purport to provide legal, accounting, tax, medical, or other advice usually obtained from professional advisors. Users must not to rely on Comments purporting to provide such legal, accounting, tax, medical, or other advice unless (i) the professional credentials and expertise of the person posting the Comment have been verified by the User or (ii) the advice has been independently confirmed by the User’s own legal, accounting, tax, medical, or other professional advisors.
(e) User acknowledges and agrees that the Company reserves the right, without prior notice and in its sole discretion, to decide whether any Comment violates these Terms of Service for any reason. If the Company determines that a Comment violates these Terms of Service, the Company may remove the Comment, in whole or in part, and/or terminate the offending party’s Account or access to Services. If any Comment is found to be defamatory or legally actionable, the User(s) posting such Comment will be held exclusively responsible and liable, and the Company will have no, and will be deemed to have no, responsibility or liability to any User or other person or entity.
(f) All Comments are solely the opinion or view of the User posting the Comment. The Company disclaims any responsibility or liability for any Comment or for the accuracy or inaccuracy thereof.
(g) The Company has the right to monitor or review Comments at any time and from time to time. The Company expressly disclaims any obligation to monitor, review, or remove any Comment.
Section 17. Certain Rights to Use Information.
(a) You agree that the Company may, if the Company believes that it is legally required or to report a suspected crime, provide your User Information, Content, and Comments to governments, law enforcement, and other investigators.
(b) You agree that the Company may also provide your User Information, Content, and Comments to the Company’s attorneys and to arbitrators or courts in order to bring actions or to enforce the Company’s rights or your obligations.
(c) You agree that the Company may aggregate your User Information, Content, Comments, and other data that the Company collects regarding access and use of the Services and Facilities and use all such information in an anonymized form for any purpose including, without limitation, for research, the maintenance and improvement of existing Services and Facilities, the development of new Services and Facilities, and for commercial purposes including, without limitation, the sale of such anonymized information.
Section 18. Your Liability.
(a) You shall be liable for any and all Content and Comments you post or upload to the Services or Facilities.
(b) You shall be liable for retaining appropriate and qualified legal, accounting, tax, medical, and other professional advisors with respect to your actions and inactions regarding the Services, and the Content and Comments you may post or upload to the Services or Facilities, or the Content and Comments upon which you may rely.
Section 19. Releases.
(a) The Services provide a venue for connecting Users. The Company does not take part in such connections except to provide the Services. As a result of the Company’s limited involvement in such connections, in the event that you have a dispute with one or more Users, you hereby release and shall indemnify, defend, and hold harmless the Company and the Indemnified Parties from any and all actions, claims, suits, damages, fines, penalties, interest, court or other legal costs, and attorney fees of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(b) The Company expressly disclaims any liability or claims that may arise between Users of its Services.
(c) If you are a California resident, you waive California Civil Code Section 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.”
Section 20. Disclaimer of Representations and Warranties by the Company.
(a) YOU ACKNOWLEDGE THAT THE SERVICES, FACILITIES, PROTECTED WORK, CONTENT, COMMENTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES AND FACILITIES ARE PROVIDED SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY REPRESENTATION OR WARRANTY BY THE COMPANY.
(b) THE COMPANY PROVIDES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES AND WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED FROM TIME TO TIME BY ONE USER TO ANOTHER USER.
(c) SPECIFICALLY, BUT WITHOUT LIMITATION, THE COMPANY DOES NOT WARRANT THAT (I) CONTENT, COMMENTS, OR OTHER INFORMATION AVAILABLE ON THE SERVICES OR FACILITIES ARE ACCURATE, COMPLETE, OR FREE OF ERRORS; (II) THE SERVICES OR FACILITIES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THE SERVICES OR FACILITIES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(d) YOUR USE OF THE SERVICES AND FACILITIES IS ENTIRELY AT YOUR OWN RISK.
(e) The disclaimers set forth in this Section are intended to be in addition to any and all other disclaimers set forth in these Terms of Service.
Section 21. Limitation of the Company’s Liability.
(a) IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY YOU OR ANY OTHER USER, PERSON, OR ENTITY FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF CONTENT, LOSS OF COMMENTS, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES OR ANY FACILITIES OR ANY CONTENT CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) YOU AGREE AND ACKNOWLEDGE THAT THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OF SERVICE AND THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO THE COMPANY IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.
(c) While the Company will take steps to secure the Services and Facilities from hacking, you acknowledge that there is always a risk that your Account, Content, or Comments may be hacked, stolen, abused, corrupted, changed, deleted, or otherwise interfered with by third persons. The Company’s sole responsibility, and liability for damages, for any such actions will be such as may be imposed on the Company from time to time by applicable law.
(d) Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations may not apply to you.
Section 22. Governing Law.
These Terms of Service shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America without applying any laws or rules regarding the conflict of laws.
Section 23. Limitation Period.
YOU HEREBY AGREE THAT ANY ACTION OR DISPUTE YOU WANT TO BRING AGAINST THE COMPANY MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION FIRST AROSE. IF YOU DO NOT BRING SUCH ACTION OR DISPUTE AGAINST THE COMPANY WITHIN THAT TIME PERIOD, YOU AGREE THAT SUCH ACTION OR DISPUTE SHALL BE PERMANENTLY TIME-BARRED AND THAT YOU SHALL THEREAFTER NO LONGER HAVE THE RIGHT TO BRING SUCH ACTION OR DISPUTE.
Section 24. Agreement to Arbitrate.
(b) All disputes between you and the Company, including disputes about the validity of these Terms of Service, the Privacy Policy, or this Agreement to Arbitrate or the arbitrability of any dispute, shall be settled solely by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and when applicable, its Mass Arbitration Supplementary Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be governed by the United States Federal Arbitration Act, and the application of any other jurisdiction’s arbitration law (including the Uniform Arbitration Act or similar law enacted in any U.S. state) is excluded. The seat of the arbitration shall be in Boston, Massachusetts, USA, and the arbitration shall be conducted in English..
(c) Notwithstanding the prior paragraph, the following provisions apply:
(i) any dispute that would otherwise be subject to this Agreement to Arbitrate may be brought, either by you or by the Company, in a small claims court with jurisdiction to hear the dispute on an individualized basis only (that is, not on behalf of a class);
(ii) both you and the Company retain the right to seek a preliminary injunction or a temporary restraining order in aid of a dispute submitted to arbitration on an individualized basis only (that is, not on behalf of a class) in any court with jurisdiction without waiving the right to demand arbitration and without affecting the obligation to arbitrate disputes; and
(iii) the Company shall be entitled to seek any and all available equitable remedies including, without limitation, injunctions and specific performance with respect to any breach or threatened breach of any of the provisions of Section 11 or Section 13(e); any such equitable remedies may be sought by the Company in any federal, state, or foreign court; and the Company shall be entitled to seek such equitable remedies without the need to post bond or any security.
(d) Any dispute that you bring against the Company, and any dispute that the Company brings against you, must be brought only on an individual basis and not on behalf of any class or group of persons. You and the Company waive the right to bring or participate as a class member in any class action or other representative action.
(e) The arbitrator shall have no power to award any punitive or non-compensatory damages. The preceding sentence does not limit or modify the provisions of Section 21 which contain the parties’ agreement on limitations on the Company’s liability.
(f) This Agreement to Arbitrate is intended to apply to dispute that may arise under or relate to other contracts between you and the Company. If you and the Company enter into any other contracts or agreements, the arbitrability of disputes arising under or relating to such contracts or agreements will be decided by the arbitrator rather than by a court.
(g) This Agreement to Arbitrate is mandatory, and by agreeing to it, you are agreeing to give up your right to have a court decide disputes between you and the Company, your right to a trial by jury, your right to bring or participate in a class action or other representative action, and your right to claim or recover punitive damages against the Company. The Company is also agreeing to give up these rights except to the extent provided in Section 24(c).
Section 25. Miscellaneous Provisions.
(a) These Terms of Service shall survive the termination, suspension, and lapse of any Account.
(b) You consent to receiving all documents, agreements and other communications (collectively, “Communications”) from the Company electronically. The Company may make Communications available via its methods for contacting you on the Services or through the email address, phone number, or other contact information that you provide on your Account. To receive such Communications, you may need certain hardware and software which it is your responsibility to have. If you would like to receive a written copy of Communications, you acknowledge that there may be a delay in providing it to you, you must have provided the Company with an accurate physical address, and you agree to pay the reasonable fees assessed by the Company for delivering such Communications to the physical address specified by you. If the contact information in your Account becomes invalid or electronic Communications are otherwise returned to the Company, the Company reserves the right to terminate your Account.
(c) Except as otherwise provided in these Terms of Service, please address all legal notices to the Company at legal@know.fun.
(d) If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed modified to the minimum extent necessary to render it lawful and enforceable and the rest of these Terms of Service shall remain unaffected and continue in full force and effect.
(e) These Terms of Service, as they may be amended by the Company from time to time and at any time, constitute the entire agreement between, or, as appropriate, among, you and the Company.
(f) You may not assign your rights and obligations under these Terms of Services to anyone else except in the event of your death in which case your estate, heirs, and beneficiaries shall have such rights and obligations. Nothing in this Section 25(f) shall prevent the Company from terminating your Account upon or following your death.
Section 26. Additional Terms – Australia.
(a) If you reside in Australia, the provisions set forth in this Section 26 apply to you and supersede any conflicting provision of Section 1 through and including Section 25 of these Terms of Service. If you do not reside in Australia, the provisions of this Section 26 do not apply to you.
(b) In consenting to the transfer to and processing of your data in the United States of America and any other jurisdiction throughout the world, you acknowledge that other jurisdictions (including the United States of America and the European Union) may not have privacy protections equivalent to the Privacy Act 1988 (Cth). You may not have a remedy against the Company as neither the Australian Privacy Principle 8.1 nor Section 16C of the Privacy Act will apply.
(c) The restriction on the modification, disassembly, decompilation or reverse engineering of the Protected Work is subject to your rights under Part III Div 4A (“Acts not constituting infringement of copyright in computer programs”) of the Copyright Act 1968 (Cth).
(d) The Company’s liability for failure to comply with any applicable consumer guarantee arising under Part 3-2 Div 1 of the Australian Consumer Law is limited to:
(i) in the case of goods supplied to you, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost to you of the repair); and
(ii) in the case of services supplied to you, the supply of the services again or the payment of the cost to you of having the services supplied again.
Section 27. Additional Terms – Brazil.
(a) If you reside in Brazil, the provisions set forth in this Section 27 apply to you and supersede any conflicting provision of Section 1 through and including Section 25 of these Terms of Service. If you do not reside in Brazil, the provisions of this Section 27 do not apply to you.
(b) You have the right to cancel a subscription within seven (7) calendar days without giving any reason. The cancellation period will expire after seven (7) calendar days from your purchase of the subscription. To exercise the right to cancel your subscription during the seven (7) day cancellation period, you must either (i) cancel the subscription by your Account or (ii) inform the Company at legal@know.fun of your decision to cancel by a clear statement. The Company will communicate to you an acknowledgment of receipt of such cancellation by email without delay. To meet the cancellation deadline, it is sufficient for you to cancel through your Account or to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. The Company will refund any and all amounts paid by you for such canceled subscription. The Company will make the refund without undue delay and within the shortest timeframe possible after the day on which the Company is informed about your decision to cancel. The Company will issue the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
(c) Any dispute procedure deriving from these Terms of Service will be resolved by a competent court of the relevant User’s address.
(d) In case of any unauthorized disclosure of your images, videos, pictures or any other material of yours containing nudity or sexual private content, the Company undertakes to take all necessary measures, to the extent the Company’s systems permit, in order to remove the referenced material in a diligent manner and in the shortest timeframe possible, provided that you notify the Company of the relevant infringement by identifying and specifying the infringing material. Also, in the event you are exposed to inaccurate, offensive, indecent or objectionable Content of other Users, you may notify the Company of such material, so that the Company may take the appropriate measures in order to remove it, to the extent required by law or these Terms of Service.
(e) You and the Company agree that Brazilian Law will also apply to these Terms of Service, especially with respect to rights of privacy, protection of personal data, and secrecy of private communications and of logs. You and the Company agree to comply with all applicable Brazilian law.
(f) The Company will keep the application logs confidential in a controlled and safe environment for six (6) months from your subscription date, pursuant to applicable Brazilian Law. The Company reserves the right to disclose the application logs and/or any other records of your Account, including private communications, in order to comply with court orders.
(g) Anytime that the Company decides to charge you for a portion or for the whole of any Service, a message will be displayed so that you may either (i) approve the relevant Service and corresponding fees, in which case you will be requested to provide your credit card details; or (ii) deny the relevant Service and continue using any Services that are free of charge.
(h) The provisions related to limitation of liability established under these Terms of Service may, as a general rule, not apply to you, as the obligation to indemnify is a rule of public order in Brazil. You and the Company are aware that Brazilian law does not allow indemnification for indirect damages, but solely the effective losses and the loss of profits directly and immediately caused by it.
(i) The provisions of these Terms of Service related to statute of limitations may not apply to you if the applicable Brazilian law establishes a different or specific statute of limitations for a certain claim. In this case, you will be subject to the specific statute of limitations stipulated under the applicable Brazilian law.
(j) The Company reserves the right to modify, at the Company’s sole discretion, any of the provisions contemplated in these Terms of Service at any time and for any reason whatsoever, regardless of your previous approval. You will be notified of such modifications.
Section 28. Additional Terms – Canada.
(a) If you reside in Canada, the provisions set forth in this Section 28 apply to you and supersede any conflicting provision of Section 1 through and including Section 25 of these Terms of Service. If you do not reside in Canada, the provisions of this Section 28 do not apply to you.
(b) The provisions of Section 24 will not apply to you to the extent that any such provision is unenforceable under the laws of your Province of residence.
(c) Residents of certain Provinces may have the right to cancel a subscription as required by local law. The Company will honor such cancellation rights.
(d) You and the Company acknowledge that it is their express wish that these Terms of Service, as well as all documents, notices, and legal proceedings entered into, given or instituted pursuant hereto or relating directly or indirectly hereto, be drawn up in English only. Vous et la “Company” reconnaissent avoir exigé que cette convention («Terms of Service») ainsi que tous les documents, avis et procédures judiciaires, éxécutés, donnés ou intentés en vertu de, ou liés directement ou indirectement à la présente soient rédigés en anglais uniquement.
Section 29. Additional Terms – European Union.
(a) If you reside in the European Union, the provisions set forth in this Section 29 apply to you and supersede any conflicting provision of Section 1 through and including Section 25 of these Terms of Service. If you do not reside in the European Union, the provisions of this Section 29 do not apply to you.
(b) You have the right to cancel your subscription within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (14) days from your purchase of the subscription. If you have benefitted from a free trial, the cancellation period will expire fourteen (14) days from the beginning of your free trial. To exercise the right to cancel a subscription, during the fourteen (14) day cancellation period, you must either (i) cancel the subscription through your Account or (ii) inform the Company at legal@know.fun of your decision to cancel by a clear statement. You may use the Model Withdrawal Form found in Annex I(B) of the Directive on Consumer Rights. The Company will communicate to you an acknowledgment of receipt of such cancellation by email without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. There are no separate cancellation fees, but there are no refunds except as provided herein. The Company will refund to you a pro-rata amount of the subscription fee for the unused period of the timely-cancelled subscription. You will still be required to pay a fee for the subscription period through the date on which you communicated to the Company your cancellation, (excluding any free trial period where no payment was taken) and the Company will therefore not refund to you that portion of the subscription. The Company will make the refund without undue delay and not later than fourteen (14) days after the day on which the Company was informed about your decision to cancel such subscription. The Company will issue such refund using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.
(c) Nothing in these Terms of Service excludes or limits the Company’s liability to the extent that it cannot be excluded or limited by applicable law.
(d) You will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms of Service, including, without limitation, Section 24, affects your rights as a consumer to rely on such mandatory provisions of local law.
(e) The local law of your jurisdiction may entitle you to have a dispute relating to the Services or these Terms of Service heard by your local courts, regardless of the terms of Section 24, in which case you and the Company agree that (i) all disputes not subject to the terms of Section 24 will be heard in courts located in Boston, Massachusetts, USA and (ii) actions or motions seeking equitable remedies such as those described in Section 24(c)(iii) may, at the election of the Company, be brought by the Company in courts in Boston, Massachusetts, USA or any jurisdiction in which you reside, operate a business, or maintain assets. These Terms of Service do not limit any such rights that you have that apply regardless of the terms of an agreement that you have entered into, but by accessing or using the Services or Facilities, and thereby agreeing to these Terms of Service, the Company does not consent to the jurisdiction of any courts other than those described in this Section 29 and reserves the right to contest that it is subject to the jurisdiction of any other court.
Section 30. Additional Terms – Germany.
(a) If you reside in Germany, the provisions set forth in this Section 30 apply to you and supersede any conflicting provision of Section 1 through and including Section 25 of these Terms of Service. If you do not reside in Germany, the provisions of this Section 30 do not apply to you.
(b) You understand that through your use of the Services, you consent to the deletion of your data, such as your Comments and messages as soon as they are posted or delivered.
(c) The following applies in lieu of any conflicting or inconsistent language in these Terms of Service:
(i) Wir sind ausschließlich wie folgt haftbar: Wir haften unbeschränkt gemäß den gesetzlichen Bestimmungen (i) für Schäden die aus der Verletzung von Leben, Körper oder Gesundheit entstehen; (ii) bei Vorsatz; (iii) bei grober Fahrlässigkeit; und (iv) gemäß dem Produkthaftungsgesetz. Ohne dass dies das Vorstehende einschränkt haften wir für leichte Fahrlässigkeit nur im Falle der Verletzung einer „wesentlichen“ Pflicht aus diesem Vertrag. „Wesentliche“ Pflichten in diesem Sinne sind Pflichten, die für die Erfüllung des Vertrags nötig sind, deren Verletzung die Erreichung des Vertragszwecks in Frage stellen würde, und auf deren Einhaltung Du daher regelmäßig vertrauen darfst. In diesen Fällen ist die Haftung beschränkt auf vertragstypische und vorhersehbare Schäden; in sonstigen Fällen besteht keine Haftung für leichte Fahrlässigkeit.
(ii) Soweit die Haftung von “the Company” nach den vorstehenden Vorschriften ausgeschlossen oder beschränkt ist, gilt dies auch für die Haftung von “the Company” für seine gesetzlichen Vertreter, Mitarbeiter und Erfüllungsgehilfen.
(iii) Diese Haftungsbegrenzungen bleibt über das Ende des Vertragsverhältnisses mit Dir und “the Company” sowie über die Dauer Deiner Nutzung der “Services” hinaus wirksam.
(d) Notwithstanding Section 7, we will only increase prices and modify the Services as permitted by German law.
(e) The Company may only terminate your Account if you breach these Terms of Service or violate the law. The Company will issue any refunds required by German law in the event of termination. The Company will issue the refund using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.
(f) Your moral rights over your Content will not be assigned or waived by the Company.
Section 31. Additional Terms – Spain.
(a) If you reside in Spain, the provisions set forth in this Section 31 apply to you and supersede any conflicting provision of Section 1 through and including Section 25 of these Terms of Service. If you do not reside in Spain, the provisions of this Section 31 do not apply to you.
(b) Any Spanish version of these Terms of Service will control.
(c) The Company will inform you of any relevant modification of the Services and/or these Terms of Service.
(d) The Company will provide you with advance notice of the renewal date of any subscription before charging your credit or debit card.
(e) Your moral rights over your Content will not be assigned or waived by the Company.
Section 32. Additional Terms – United Kingdom.
(a) If you reside in the United Kingdom, the provisions set forth in this Section 32 apply to you and supersede any conflicting provision of Section 1 through and including Section 25 of these Terms of Service. If you do not reside in the United Kingdom, the provisions of this Section 32 do not apply to you.
(b) You have the right to cancel any subscription within fourteen (14) days without giving any reason. The cancellation period will expire after fourteen (14) days from your purchase of a subscription. If you have benefitted from a free trial, the cancellation period will expire fourteen (14) days from the beginning of your free trial. To exercise the right to cancel a subscription, during the fourteen (14) day cancellation period, you must either (i) cancel the subscription through your Account or (ii) inform the Company at legal@know.fun of your decision to cancel by a clear statement. You may use the Model Withdrawal Form found in Annex I(B) of the Directive on Consumer Rights. The Company will communicate to you an acknowledgment of receipt of such cancellation by email without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. There are no separate cancellation fees, but there are no refunds except as provided herein. The Company will refund to you a pro-rata amount of the subscription fee for the unused period of the timely-cancelled subscription. You will still be required to pay a fee for the subscription period through the date on which you communicated to the Company your cancellation, (excluding any free trial period where no payment was taken) and the Company will therefore not refund to you that portion of the subscription. The Company will make the refund without undue delay and not later than fourteen (14) days after the day on which the Company was informed about your decision to cancel subscription. The Company will issue the refund using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.
(c) Nothing in these Terms of Service excludes or limits the Company’s liability for death or personal injury arising from the Company’s negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
(d) You will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in these Terms of Service affects your rights as a consumer to rely on such mandatory provisions of local law.
(e) The local law of your jurisdiction may entitle you to have a dispute relating to the Services or these Terms of Service heard by your local courts, regardless of the terms of Section 24, in which case you and the Company agree that (i) all disputes not subject to the terms of Section 24 will be heard in courts located in Boston, Massachusetts, USA and (ii) actions or motions seeking equitable remedies such as those described in Section 24(c)(iii) may, at the election of the Company, be brought by the Company in courts in Boston, Massachusetts, USA or any jurisdiction in which you reside, operate a business, or maintain assets. These Terms of Service do not limit any such rights that you have that apply regardless of the terms of an agreement that you have entered into, but by accessing or using the Services or Facilities, and thereby agreeing to these Terms of Service, the Company does not consent to the jurisdiction of any courts other than those described in this Section 32 and reserves the right to contest that it is subject to the jurisdiction of any other court.
Section 33. Index of Definitions.
(a) “Account” is defined in Section 4(c).
(b) “Adult” means an individual who is at least eighteen (18) years of age or such higher age as may be fixed by the Company or by the laws of the country in which the individual resides for access to the Services or Facilities.
(c) “Advertising” is defined in Section 9(a).
(d) “Comments” is defined in Section 16(a).
(e) “Commission” is defined in Section 5(c).
(f) “Commissioned Services” is defined in Section 5(c).
(g) “Company” is defined in Section 1(b).
(h) “Confidential Content” is defined in Section 13(b).
(i) “Content” is defined in Section 10(a)(iii).
(j) “Day” and “day” mean any day of the week including, without limitation, weekend days and holidays.
(k) “Facilities” is defined in Section 1(c).
(l) “Indemnified Parties” is defined in Section 18(d).
(m) "Login Credentials” is defined in Section 4(f).
(n) “Losses” is defined in Section 18(c).
(o) “Minor” means an individual who is not an Adult.
(p) “Minor Corrections” means the digital alteration of visual or audio material for any of the following purposes:
(i) to correct, enhance, saturate, desaturate, warm, or cool colors;
(ii) to change the contrast;
(iii) to obscure or erase red eye or minor facial blemishes; or
(iv) to crop an image to make the image fit the permitted display space;
provided, however, that in each case the alteration does not change the context, meaning, or impressions given by the material.
(q) “Payment Processor” is defined in Section 5(l).
(r) “Personal Information” has the meaning ascribed to it by the Company’s Privacy Policy.
(s) “Protected Work” is defined in Section 11(a).
(t) “Sensitive Personal Information” has the meaning ascribed to it by the Company’s Privacy Policy.
(u) “Service” and “Services” are defined in Section 1(b).
(v) “Terms of Service” is defined in Section 2(a).
(w) “User Information” is defined in Section 4(c).
(x) “Users” is defined in Section 1(b).
END OF THE TERMS OF SERVICE