Below are the legal terms that govern our practices on the
Web and your use of our Website. We believe they outline proper
business practices. A brief summary of our terms is as follows:
- Respect our intellectual property and that of others.
- You may not redistribute our product. We encourage you to use it and enjoy it. We are providing this digital physics curriculum during an evaluation period for your own personal use and you may not sell or provide it to others.
- These prohibitions exist in part because we do not want old versions of the product being hosted on random servers. This product will be updated and we want users to benefit from both increasing amounts of content and bug fixes.
These terms and conditions of use apply exclusively to your
access to and use of the Kinetic Books Company (KBooks)
Website (the Site) and do not alter in any way
the terms and conditions of any other agreement you may have
with KBooks for products, services, or otherwise. For the
purposes of this Agreement any content, services or software
incorporated into the Site that is provided to you by KBooks
shall be deemed part of the Site.
If you do not agree with any of these terms, do not access or otherwise use this Site or any information or materials contained on the Site. By using our site, you are agreeing to abide by the terms set forth below.
is available at http://www.kineticbooks.com/privacy.html.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Site.
Use of Copyrighted Materials/Trademarks
Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, interfaces, or other materials or works of authorship, (the Materials) are copyrighted materials owned by or licensed to KBooks and all of their rights are reserved. The Materials contain trademarks, service marks, and trade names, which are owned by KBooks and its affiliates, and may also contain brand and product names, which are trademarks, service marks, or trade names of third parties, which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy, and print the Materials solely for (i) your personal use, or (ii) use as an instructor with students at educational institutions; but in no event for resale or further distribution, and in all cases subject to the following conditions:
Any product, process, or technology described in the Materials or offered for sale through the Site may be subject to other intellectual property rights reserved by KBooks, its affiliates, or third parties. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark, or other intellectual property rights (IP Rights) of KBooks, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to KBooks, its affiliates, and/or any third party, as applicable.
Hyperlinks to this Site
You are granted a limited, nonexclusive right to create a hypertext link to pages on the Site provided that such links do not portray KBooks or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any KBooks trademark, logo, trade name, or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of KBooks.
Links to Third Party Websites
The Site may be linked to other Websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by KBooks. If you use these links, you may leave the Site but from then on, you are on your own. KBooks does not control and is not responsible for any of these sites or their content. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk. KBooks is not responsible for any purchases you make on those sites, nor is the company in any manner endorsing those Websites.
Password Restricted Areas of the Website
Certain areas of the Site may be password-restricted to registered users (Password-Protected Areas). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify KBooks if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify KBooks of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you. KBooks will not hold you responsible for such activities if your account is compromised by any action or negligence on our part.
You acknowledge that you are responsible for the information
and material that you submit to the Site though email or otherwise
(each a Submission), and that you, and not KBooks,
will have full responsibility for each of your Submissions,
including its originality and copyright.
Certain of the services and software available on the Site
contain valuable trade secrets of KBooks. As such, you agree
not to (a) disassemble, reverse engineer, decompile, modify,
translate or otherwise attempt to reconstruct or discover
any source code, underlying ideas, algorithms, file formats
or programming or interoperability interfaces of the Site,
or any portion thereof; (b) lease, provide, sublicense, rent,
transfer, assign, distribute, export or grant any rights in
the Site in any form to any other party, or otherwise use
the Site to the benefit of third parties except as authorized
in this Agreement; (c) remove any copy protections, product
identification, attribution or copyright or other notices;
(d) create derivative works based upon the Site, or permit
third parties to do the same; or (e) copy the Site or any
portion thereof, except as authorized in this Agreement, including
without limitation the use of "spidering" software
or other means to download or mirror all or part of the Site.
Third Party Beneficiary
You acknowledge and agree that KBooks' licensors are third-party
beneficiaries (Third-Party Beneficiaries) of this
Agreement between KBooks and you.
|DISCLAIMER OF WARRANTIES|
KBooks and its Third-Party Beneficiaries make no, and hereby disclaim all warranties, express, implied and statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, compliance with Federal, State and local regulations, the accuracy, timeliness, relevance or completeness of the course contents or any other warranties regarding the service, site, content, or the quality, suitability, truth, accuracy, timeliness, relevance, and completeness of any content contained on the site or included as part of the service. You acknowledge and agree that KBooks and its Third-Party Beneficiaries do not warrant that access to the service and the site will be uninterrupted, error-free or without compromise or infiltration of security systems.
|LIMITATION OF LIABILITY|
Neither KBooks nor its Third-Party Beneficiaries will be liable to you or any third party claiming through you for any damages in connection with your inability to use the service and the site or any content appearing on the site. In no event will KBooks or its Third-Party Beneficiaries be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether KBooks or its Third Party Beneficiaries have been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of KBooks or its Third Party Beneficiaries for damages under this Agreement exceed one hundred dollars ($100.00).
Revisions to this Agreement
You agree that KBooks can revise these Terms at any time without notice by updating this posting on the Site. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.
Kinetic Books can be reached using the following contact information:
Kinetic Books Company
2003 Western Avenue Suite 100
Seattle, WA 98121
Phone: 206-448-1141Facsimile: 206-374-2918