Last modified: November 27, 2012
IT IS IMPORTANT THAT YOU READ THESE TERMS OF USE ("TERMS") WHICH CONTAIN IMPORTANT RESTRICTIONS AND LIMITATIONS WHICH GOVERN USE OF THE WEBSITE, KERA.IO AND THE KERA SERVICE (TOGETHER "THE SERVICE").
Welcome to kera.io, the website and online service of Kera Software Inc., ("Kera," "we," or "us"). These Terms apply to all visitors to www.kera.io, users who create and integrate a Kera tutorial into their application, and anyone else who accesses the Service ("Users"). By selecting the "Accept" button you hereby signify that you have read, understood, and agree to be bound by these Terms whether or not you are a registered user of our Service. We may make changes to these Terms from time to time. If we do, we will require you to review and click-accept the latest version of these Terms.
We grant to you a limited, personal, non-exclusive, non-transferable license to use our Service for your own personal use, or according to the terms of your subscription, and not for resale or further distribution. Your right to use our Service is limited by all terms and conditions set forth in these Terms.
Except for this license granted to you, we and our licensors retain all right, title and interest in and to our Service, including all related intellectual property rights. Our Service is protected by applicable intellectual property laws, including Canadian copyright law and international treaties.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Service; (ii) rent, lease or sublicense access to any of our Service; or (iii) circumvent or disable any security or technological features or measures of our Service; (iv) use our Service in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Service; or (v) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Service.
We do not provide you with the equipment to access our Service. You are responsible for all fees charged by third parties related to your access and use of our Service (e.g., charges by Internet service providers).
Upon giving reasonable, where possible, we reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Service. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Service. However, we will not unilaterally end the Service for paid subscribers.
We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Service at any time if we consider such termination or suspension justified (for example, if you have breached these Terms; if there is a risk of harm to our property or third parties; if we are required to in compliance with law). We will endeavour to give you advance notice of any suspension or termination but our exercise of rights under this Section will be without any liability whatsoever to you.
We may collect registration and other information about you through our Service. Our collection and use of this information is governed by our Privacy Policy, available at https://www.kera.io/privacy.
Our Service may display, or contain links to, third party products, service, and websites. Additionally, tutorials created by Users is in no way reviewed by Kera. Any opinions, advice, statements, service, offers, or other information that constitutes part of the content expressed, authored, or made available by Users or other third parties on our Service, or which is accessible through or may be located using our Service (collectively, "Third Party Content") are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Service, you may be exposed to content that is offensive, indecent, or objectionable. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, service, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Service.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. Kera may add new services for additional fees and charges, or amend fees and charges for existing service, at any time in its sole discretion.
In the event that Kera terminates your account with respect to a pre-paid service, you will receive a reasonable reimbursement for the unused portion of your subscription, license, content or data associated with your account.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
You are solely responsible for any content and other material that you submit, publish, transmit, or display on or through our Service (the "Submission").
You will not use our Service to: (i) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (vii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (viii) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; or (ix) collect or store personal data about other users.
"Kera" is a trade-name of Kera Software Inc., and any other product or service name, logo, or slogan displayed on our Service are trademarks of Kera Software Inc. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kera or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Kera" or any other name, trademark or product or service name of Kera without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Service are the property of their respective owners. Reference to any products, service, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
We may provide you with a mechanism to contact us to make suggestions, provide feedback, ask questions or share ideas ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Service. You hereby grant to us and our assigns a perpetual, worldwide, transferable, sublicensable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party and waiving any and all moral rights to such Feedback.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KERA OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, KERA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
KERA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KERA SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND KERA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KERA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL KERA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KERA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. IN NO EVENT SHALL KERA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO KERA HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from Kera’s facilities in Canada. Kera makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Canadian and local laws and regulations, including but not limited to export and import regulations.
The resolution of any dispute related to these Terms or use of the Service shall be governed by and construed in accordance with the laws of the Province of Ontario without giving effect to any principles of conflicts of law. Any legal action or proceeding between us and Users shall be brought exclusively in a court of competent jurisdiction located in Ontario, Canada.
These Terms, together with any amendments and additional agreements you may enter into with us, including the Privacy Policy, constitute the entire agreement between the parties relating to the Website, Service and all related activities. The Terms shall not be modified except by a new posting of the Agreement issued by us.
If any part of the Terms are deemed unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.
Failure of Kera to enforce any of the provisions set forth in the Agreement against Users or others shall not be construed to be a waiver of our right to enforce such provisions.
If you have any questions or concerns about our Service or these Terms, you may contact us at:
Kera Software Inc.
401−642 King Street West
Toronto, ON M5V 1M7
or by email at contact@kera.io.