Terms of Service

Effective As Of: 03/18/2019

These Terms of Use (the “Terms”) apply to Your (“You,” “User,” or “Your” as applicable) use of the website, mobile applications, and any services provided under a separate service agreement (collectively, the “Services”), provided by Koble Inc. (“Koble,” “we,” “us,” or “our”) (each the User and Koble being a “Party” and together the “Parties”), whether for Yourself or on behalf of a business. To the extent these Terms conflict with any part of a separate service agreement between You and Koble, the service agreement will control. These Terms incorporate the Koble privacy policy, which can be found HERE (the “Privacy Policy”).

By accessing or using the Services you attest that you have read, understood and agreed to be legally bound by these terms.  If you do not agree to these terms, please do not use, access or register for the Services. Koble also recommends that you print and retain a copy of these terms for future reference.

1. ACCEPTANCE OF TERMS

By using the Services, You understand that these Terms then in force shall apply and agree to comply with these Terms. The right to use the Services is vested in your Designated Company, as defined below, as delegated personally to You, and is not transferable to any other person or entity. In addition to using the Services on behalf of the Designated Company, You have a right to use the Services as a freelancer. In both cases, You are responsible for all use of Your individual user account within the Services (Your “Account”) and for ensuring that all use of Your Account complies fully with the provisions of this Agreement. In case You use the Services on behalf of a Designated Company, You represent that You have the full authority to bind such entity and all its related members and users to these Terms; in this case, “You” shall also refer to and include such entity and its members and users as applicable. If You do not have such authority or do not agree with these Terms You may not use the Koble service. You further acknowledge and agree that these Terms are a contract between You and Koble, even though it is electronic and not physically signed by You and Koble, and as such governs Your use of the Koble Service.

Koble shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. CHANGED TERMS

Koble reserves the right at any time to change or modify the terms and conditions applicable to User’s use of the Services, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Services, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the Services by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

You are responsible for checking these terms of use from time to time for changes and updates because it is binding on you. The most current version of the terms can be accessed on every page of our site.

 3. PURPOSE AND DESCRIPTION OF SERVICES

A. Koble Pages

Koble’s mission is to change the way companies do business. To that end, through the Services, Koble provides all users with access to basic resources (the “Koble Pages Services”).

Below you will find examples of the features you get when using Koble Pages. Notice that you may be required to login to access certain data. Koble Pages Services may include, in Koble’s discretion:

I. Access to user activity feed and company profiles
II. Capability to post and edit your page in great variety of ways

B. Koble Chat

If You want to get the best out of our Services You may purchase the Koble Chat version. The second level of Services (the “Koble Chat Services”) may include access to all Pages Services as well as:

I. Access to chat features
II. Traffic trace
III. Anonymity feature

Notice that features listed here are just examples and may change from time to time.
Koble may also offer promotions or other similar features, which may be subject to a separate set of rules that describe the promotion. It is your responsibility to read those rules that may have eligibility requirements.

4. REGISTRATION PROCESS

A. Access to the Services and registration for an Account is only permitted to individuals age eighteen and older who are working on behalf of a third-party entity seeking to buy or sell goods or services by way of the Services (a “Designated Company”). By accessing the Services and registering for an Account you affirm that you meet these eligibility criteria. You agree to keep your Account information current. In the event that You discontinue working for a Designated Company, You must contact Koble Support at support@koble.com and immediately discontinue use of the Services. Koble may, in its sole discretion, refuse to offer Services to any person.

B. During the registration process, You are required to submit a user name, password, verifying email address at the domain of the Designated Company, and other information in accord with the prompts comprising such process.

C. Koble charges a fee for some of the Services (the “Paid Services“), as indicated at the time of registration. If You register for Paid Services You may be asked to enter Your credit card information and authorize payment for those Paid Services. All credit card information and transactions are handled by third-party partners and Koble will not maintain any record of credit card account numbers or other information. Pricing currency on the Koble Service will depend on where Your connected bank account is located.

5. PAYMENT

A. Initial payment for all Paid Services will be due and deemed earned upon Account registration, and thereafter each month on the anniversary date of Account creation. In the event the anniversary date of account creation falls on the 29th, 30th, or 31st, and there is no such day in the relevant calendar month, then payment for Paid Services for that period will be due and deemed earned on the first day of the following month. If you have provided Koble with credit card information upon registration, You specifically authorize Koble to charge that credit card in the amount of the Paid Services on the anniversary date of account creation or the first of the following month, as applicable, each month until such time as that authorization is revoked in writing or Paid Services are cancelled. Koble may offer discounts for yearly subscriptions. If you agree to a yearly billing cycle in exchange for a discount, you authorize Koble to charge the credit card provided in the full amount of the Paid Services for an entire year, and thereafter on the year anniversary of account creation, subject to the above conditions.

B. You are solely responsible for any and all fees charged to Your Payment Source by the bank, issuer or financial institute.

C. All Paid Services may be terminated at any time by You or Koble in accord with these Terms. Upon termination of Paid Services, all future billing will cease but no amount already paid will be refundable.

D. In the event that You dispute any charges You must so inform Koble within sixty (60) days from the date Koble invoices You; all amounts paid are non-refundable and Koble reserves the right to adjust prices from time to time. Your use of the Service following a price adjustment constitutes Your agreement with such pricing.

6. MOBILE APPS

Where the Services require or permit download of a mobile application (an “App”), we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the App as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in accord with these Terms. You agree not to copy, modify, distribute, sell, or lease any part of the Services or any App, nor to reverse engineer or attempt to extract the source code of any App, unless laws prohibit those restrictions or you have our written permission.

7. USE OF SERVICES

A. User agrees to use the Services only to post, send and receive messages and material that are proper as defined in Service prompts, instructions and guidelines posted by Koble from time to time and, when applicable, related to the particular Service. By way of example, and not as a limitation, User agrees that when using the Services, User will not:

I. Post, upload or distribute any content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of other users;
II. Post, upload or distribute any content that is misleading, harmful, threatening, abusing, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously, or otherwise objectionable
III. Engage in automated uses of the site that are abusive or disruptive of the Services and have not been approved by us;
IV. Disrupt the Services by placing an undue burden on a website or the networks or servers connected with the Services;
V. Disrupt the Services by inundating any of the websites or Apps with communications or other traffic that suggests no serious intent to use the Services for their stated purpose;
VI. Knowingly access, tamper with, or use any of our non-public areas in our computer systems without authorization;
VII. Probe, scan or test the vulnerability of any of our technical systems or networks;
VIII. Infringe copyrights, trademarks, trade secrets, patents, publicity rights, or other intellectual property rights of others, including Koble;
IX. Attempt to impersonate another user or individual, misrepresent your affiliation with any individual or entity, or use the username of another user with the intent to deceive;
X. Infringe the privacy rights of others or solicit personally identifying information for the purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by Koble;
XI. Transmit chain, junk mail, or spam to others;
XII. Engage in harassment, threats, stalking, spamming, fraudulent activity, pyramid schemes, or vandalism;
XIII. Intentionally or knowingly post content that constitutes libel or defamation;
XIV. Post content that is false or inaccurate with the intent to deceive; or
XV. Otherwise use the Services in a manner inconsistent with applicable law.

B. Materials uploaded to the Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

C. User acknowledges that violation of system security may result in civil or criminal liability. Koble will investigate and work with law enforcement authorities to prosecute Users who violate the systems in such ways.

8. MONITORING

Koble shall have the right, but not the obligation, to monitor the content of the Services, including without limitation any chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Koble and to satisfy any law, regulation or authorized government request. Notice that Koble may not actively monitor or control the activity on the site. Koble shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Services at any time, without prior notice. Without limiting the foregoing, Koble shall have the right at any time, without prior notice, to remove any material that Koble, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, and may disclose any information necessary to satisfy any law, regulation, or authorized government request.

9. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any portion of the Services requires User to open an Account, User must complete the registration process by providing Koble with true, current, complete and accurate identification, contact and other information about You as prompted by the applicable registration form. User agrees to maintain and promptly update this information to keep it accurate. Koble has a right to suspend Your account and refuse any and all current or future use of our Services if suspected that Your information is untrue, not current, incomplete or inaccurate.

User is entirely responsible for maintaining the confidentiality of User’s password, identification and Account you provided during the registration process and for any and all activity that occurs under your account. User agrees not to disclose its password to any third party. Furthermore, User is entirely responsible for any and all activities that occur under User’s Account whether authorized or not authorized. User agrees to notify Koble immediately of any unauthorized use of User’s Account or any other breach of security known or should be known to User. User’s right to use the Services is personal to the User. Koble will not be liable for any loss that User may incur as a result of someone else using User’s password or Account, either with or without User’s knowledge. You may be held liable for any losses incurred by Koble or any other user or visitor to Services due to someone else using Your password or account.

10. USER CONDUCT

A. The content and information on the Services as well as the infrastructure used to provide such content and information, is proprietary to Koble. User shall use the Services for lawful purposes only. User shall not post, transmit, distribute, communicate or store on, to, or through the Services any material or information which:

I. Violates or infringes in any way upon the rights of others;
II. Is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable;
III. Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or
IV. Contains any abusive solicitation with respect to products or services.

Any conduct by a User that in Koble’s discretion restricts or inhibits any other User from using or enjoying the Services will not be permitted.

11. COPYRIGHT

A. The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under the United States of America copyright laws. Koble owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal, noncommercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Koble and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

B. By using the Services you acknowledge and agree to abide by all applicable Intellectual Property laws.
User shall not upload, post or otherwise make available on the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
Koble does not claim ownership of the material submitted to Services by User. However, by adding, uploading, posting, transmitting, communicating, storing or submitting such material to any area of the Services, User automatically grants, or warrants that the owner of such material has expressly granted Koble the royalty-free, perpetual, irrevocable, non-exclusive, transferrable and sub-licensable license and right to use, reproduce, edit, copy, modify, adapt, transmit, broadcast, display, create derivative works of, publish, translate and distribute such material on or in connection with the Services (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 material. User also permits any other User of the Services a non-exclusive license to access, view, store or reproduce the material for that User’s personal use. User hereby grants Koble the right to edit, copy, publish, perform, prepare derivative works of and distribute any material made available on the Services by User.

C. The foregoing provisions of Sections 10 and 11 are for the benefit of Koble, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

D. If you believe in good faith that your rights as a copyright owner are being infringed by Koble or someone using the Services, please submit a written notification to hello@koble.com. Please provide us with the information listed in section 20.

E. Koble reserves the right to use Your name or Your company’s name as a reference for marketing and promotional purposes either on the Services or otherwise; In the event that You do not wish to be so listed, please feel free to send an email to hello@koble.com stating that You decline to be used as a reference. In the event that You have any feedback for Koble about our Services, You may send an email to hello@koble.com; please note this is not intended to conflict with clause 17 below.

12. TRADEMARK NOTICE

Koble and its logos are trademarks of KOBLE INC. All rights reserved. All other trademarks and names of actual companies appearing on Koble are the property of their respective owners, and constitute neither an endorsement nor a recommendation of such owners. Such use of trademarks or links to the websites is not intended to imply, directly or indirectly, that those owners of such websites endorse or have any affiliation with Koble. You are not permitted to use any trademarks, service marks, logos or domain names displayed on our website or Services, metatags or any other “hidden text” utilizing trademarks, service marks, logos or domain names of Koble and its licensors, without prior written permission of Koble or such third party who may own the trademark. All marks remain the sole property of their respective holders.

13. MATERIALS PROVIDED TO/VIA KOBLE OR POSTED ON ITS WEBSITES

A. Koble does not claim ownership of the materials Users provide to or through Koble (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, User grants Koble, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all the Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.

B. No compensation will be paid with respect to the use of User’s Submission, as provided herein. Koble is under no obligation to post or use any Submission or information a User may provide and Koble may remove any Submission or information at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

14. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES

A. Notice that to provide increased value to our Users, our Services may contain third-party owned content and hyperlinks to websites operated by parties other than Koble. These Parties are independent from Koble and are not employees or agents of Koble. Such hyperlinks are provided for your convenience and informational purposes only. In addition, Koble has no control over these linked sites nor is responsible for any content or practices of such websites.

B. You acknowledge and agree that the Services may be used to communicate with other users of the Services (each a “Third-Party User”), that such Third-Party Users are not employees or agents of Koble, that Koble does not warrant or otherwise guarantee in any way the goods or services sold by a Third-Party User, or any content provided by a Third-Party User, including content linked to from the Koble website. The display of these hyperlinks does not imply, suggest or constitute any recommendation by Koble of that company or linked product nor any sponsorship or approval of such company.

C. In no event will Koble be liable for any damages caused by a Third-Party User, or their goods, services, content, advice or information. If You decide to leave Koble website or Service and access linked websites, You do so at your own risk. It is up to you to review and comply with any third party terms of use and to take precautions to make sure that the links you select are free of such items as viruses, worms etc. Use of data You access or download through the services is done at your own risk and You alone are responsible for any damage to Your property, loss of data or any other loss that results from such access or download. You further agree that the terms of your relationship with any Third-Party User you are connected to through the Services, including any website linked to from the Koble website, will be governed by any agreement you have with that Third-Party User. All rights and obligations for the sale of goods or services are solely between You and a Third-Party User.

15. DISCLAIMER OF WARRANTY

A. Your use of the Services is at your sole risk. Other than as expressly set out in these Terms or a separate service agreement, neither Koble nor our agents, assigns, or third-party contractors and vendors make any specific promises about the Services, or any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet Your needs. You agree that Koble may at its sole discretion modify or discontinue, temporarily or permanently, any aspect of the Services.
Koble does not warrant the interrupted accessibility to its Services and may carry out technical or maintenance work on its site or Services at any time. Neither Koble warrants that the site or server are free of viruses or other harmful code. Koble provides the Services and any content or any information found on our site “As Is” without any kind of warranty. Neither Koble, its affiliates, nor any of their respective employees, agents, third-party contractors and vendors warrant that Services will be provided error free, nor that the defects will be corrected. Koble does not make any warranty as to the results that may be obtained from use of the Services or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the Services.

B. Some jurisdictions provide for certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the maximum extent permitted by law, Koble excludes all warranties of any kind, including warranties against infringement of any third-party intellectual property or proprietary rights.

16. LIMITATION OF LIABILITY

A. The limitations of liability provided in these terms inure to the benefit of Koble. These limitations will apply regardless of the legal theory on which your claim is based.

B. You agree to waive, defend, release, and hold harmless Koble, its officers, directors, employees, agents, licensors, suppliers or other representatives from and against any and all liability of every type except liability arising out of our gross negligence or willful misconduct. In any event, to the maximum extent permitted by law, You agree that Koble will not be liable for any direct, indirect, special, incidental, punitive, consequential or exemplary damages arising out of or in connection with Your use, access or misuse of the Services, and that to the extent permitted by law, our total liability for any claims arising under these Terms will be limited to the amount paid for the Services. In any event, all damages will be limited to actual damages that are reasonably foreseeable.

C. In the event that You have a dispute with another User related to or arising from, or in any way connected with the use of the Services, you release Koble from any claims, demands or damages arising out of or connected with such dispute.

D. Force Majeure

Force Majeure event means an event beyond the control of the Party which prevents the obligated party from complying with any of its obligations.
Neither Party will be responsible for failure or delay of performance if caused by: an act of war (whether war be declared or not), hostility or sabotage; act of threat of terrorism; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated Party, including hosting outages, denial of service attacks, domain downtime, payment gateway failure, email system downtime, or third-party service malfunctions; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated Party (each a “Force Majeure Event”).
Both Parties will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than thirty (30) days, either Party may cancel unperformed Services upon written notice. This Section does not excuse either Party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or obligation to pay for the Services.

17. INDEMNIFICATION

A. User agrees to defend, indemnify and hold harmless Koble, its affiliates and their respective directors, officers, employees and agents from any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind and nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

I. Any violation of these terms;
II. Any violation of any law or rights of a third party; or
III. Any activity related to Your account by You or any other person accessing the site or platform using Your account

This indemnification obligation will survive the termination of Your account or these terms.

18. TERMINATION

Either Koble or You may terminate this Agreement at any time. Without limiting the foregoing, Koble shall have the right to immediately terminate Your Account, or impose limits on or restrict Your access to parts or all of our Services, in the event of any conduct by User which Koble, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. Notice that this termination by Koble may occur at any time, without prior notice of any kind and without liability.

19. MISCELLANEOUS AND GOVERNING LAW

A. This Agreement and any operating rules for the Services established by Koble constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter, except the extent the Parties have executed a separate service agreement. These Terms and actions taken thereunder will be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, applied without regard to conflict of law principles. No waiver by either Party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

B. Unless otherwise specified herein, the Agreement constitutes the entire agreement between You and Koble and governs Your use of the Services. If in any case any provision of this agreement gets declared invalid by a court or competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable and all valid parts of the agreement shall remain in full force and effect. The party that takes any action to make this agreement enforceable will be entitled to costs and reasonable attorneys’ fees.

20. CONTACT INFORMATION

A. For contact for a claim or cause of action or notice of copyright infringement, please provide Koble with the following information:

I. A description of the claim or copyright work that has been infringed;
II. A description of the allegedly infringing material on the Service that is requested to be removed;
III. Your name, address, daytime telephone number and, if available, e-mail address;
IV. A statement by You in good faith the disputed use is not authorized by the copyright owner, its agent or the law;
V. A statement made by You under penalty of perjury that the above information is accurate and that You are authorized under the copyright owner to act on its behalf; and
VI. An electronic or physical signature of the copyright owner or the person authorized to act and submit a statement on behalf of the copyright owner or intellectual property interest;

Koble can be reached as followed: hello@Koble.com

Any rights not expressly granted herein are reserved.

Thank you for reading through these Terms of Use!