Please Read This Terms of Service Agreement Before Accessing Website.
Effective Date: This Terms of Service Agreement was last updated on 6/23/2011.
This Terms of Service Agreement sets forth the standards of use of the CoKnown Online Service. By using CoKnown, CoKnown.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at CoKnown, CoKnown.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Services
CoKnown is providing Member with research and communications tools, toolbar, forums and other services for capturing, organizing and storing research, now known or hereafter developed (collectively, the “Service”). This research is available to Members via Internet connected devices. Member must provide (1) all equipment and software, necessary for their own Internet connection(s), including computer or other Internet device, modem and browser and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection(s).
Disclaimer of Warranties.
The site is provided by CoKnown on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, CoKnown makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. CoKnown shall have no liability for any interruptions in the use of this Website. CoKnown disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
CoKnown and CoKnown, llc. SHALL NOT be liable for any damages whatsoever, and in particular CoKnown shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or CoKnown events or the information presented, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if CoKnown has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
Member agrees to indemnify and hold CoKnown, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service or Attendance of CoKnown Events the violation of this Agreement, or infringement by Member, or other Member of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
CoKnown shares your concerns about personal privacy. Through the Service, and through other contact with CoKnown, CoKnown may collect personal information and data including, but not limited to, application and web site usage data, viewing data, file transfer and e-mail data, and personal contact information such as e-mail addresses, mailing addresses and phone numbers. Additionally, CoKnown's applications and web sites may use technological facilities for tagging and tracking including, but not limited to, Web cookies, login Member names and other technologies to track and correlate data.
CoKnown does not view Hidden Projects without permission of the Project's owner.
The CoKnown Service does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
- information posted to public areas of CoKnown, such as Profiles, Public and Semi-private projects, the Forum, blogs, etc., may be accessed by other people and nonaffiliated companies.
- we respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- we believe it may be necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of CoKnown's terms of service, or as otherwise required by law.
- we transfer information about you if the CoKnown Service is transferred to, acquired by or merged with another company.
This policy may change from time to time, and any changes are binding on you. We encourage you to visit this site from time to time to review the most updated policies.
Once you have signed up as a CoKnown Member, even if you later cancel your Memberid, any personal data previously collected remains the property of CoKnown.
CoKnown cannot guarantee the security or accuracy of personal data.
Please see the CoKnown Privacy page for information about Project Privacy.
Modifications and Interruption to Service
CoKnown reserves the right to modify or discontinue the Service with or without notice to the Member. CoKnown shall not be liable to Member or any third party should CoKnown exercise its right to modify or discontinue the Service. Member acknowledges and accepts that CoKnown does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Use of Service
Subject to the terms and conditions within, these Terms of Service, CoKnown grants you a limited, non-exclusive license to utilize the Service so long as (1) you are of legal age to form a binding contract and (2) you are not barred from receiving the Service under the laws of the United States. In order to access and/or use the Service, you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Service, and you will be responsible for maintaining the accuracy and completeness of such information.
General Practices regarding use and storage.
You agree that CoKnown has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the CoKnown. You acknowledge that CoKnown reserves the right to log off Members that are inactive for an extended period of time. You further acknowledge that CoKnown reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of service and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-party’s sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While CoKnown makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
CoKnown makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Membername, Password & Security
You will create a Membername and password upon completing the registration process. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your Membername and password. You agree to immediately notify CoKnown of any unauthorized use of your Membername or password or any other breach of security. You agree that CoKnown cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Governing Jurisdiction of the Courts of Colorado
Our website is operated and provided in the State of Colorado. As such, we are subject to the laws of the State Colorado, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Colorado.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not CoKnown, are entirely responsible for all Content that you upload, make available, post, email or otherwise transmit via the Service. CoKnown does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CoKnown be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not knowingly or intentionally use CoKnown to:
1. Upload, make available, post, email, link to or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, or otherwise objectionable;
2. harm minors in any way;
3. forge headers or otherwise manipulate identifiers including copyright management information in order to disguise the origin of any Content transmitted through the Service;
4. impersonate any person or entity, including, but not limited to, a CoKnown employee, moderator or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. upload, make available, post, email, link to or otherwise transmit any material that you do not have a right to transmit under any law or under contractual agreement or relationship;
6. upload, make available, post, email, link to, or otherwise transmit any Content that may be considered Adult in nature;
7. upload, make available, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
8. upload, make available, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "multi-level marketing" or any other form of solicitation, except in those areas or groups that may be designated for such purpose;
9. upload, make available, 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;
10. 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;
11. "stalk" or otherwise harass another Member.
You acknowledge that CoKnown shall have the right, in their sole discretion, to refuse membership to any business, individual or organization. And that CoKnown and its designees shall have the right to suspend or teminate any account that violates the TOS or is otherwise objectionable.
You acknowledge that CoKnown does not pre-screen Content, but that CoKnown and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, CoKnown and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You acknowledge and agree that CoKnown may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CoKnown, its Members and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CoKnown shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Termination of Service
You agree that CoKnown, in its sole discretion, may terminate all or part of your Member access, registration, password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if CoKnown believes that you have violated or acted inconsistently with the letter or spirit of the TOS. CoKnown may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that CoKnown may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that CoKnown may continue to use at it's discretion any information and/or research associated with your account. Further, you agree that CoKnown shall not be liable to you or any third-party for any termination of your access to the Service.
No Resale Rights
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any use of or access to the CoKnown Service.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2010-2011 CoKnown.com, with all rights reserved, or is the property of CoKnown and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of CoKnown is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy CoKnown web pages or the content contained therein without prior written permission of an authorized officer of CoKnown.
Exception to Copyright:
Members may choose to embed their own Public CoKnown Project pages within other websites via iframes, Div tags, CoKnown API's or other means, provided there is a link back to CoKnown.
CoKnown™ and CoKnown.com™ are proprietary marks of CoKnown.com. CoKnown’s trademarks may not be used in connection with any product or service that is not provided by CoKnown, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CoKnown.
All other trademarks displayed on CoKnown’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with CoKnown.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, CoKnown.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Eric May • 560 Brook Rd • Boulder, CO 80302
CoKnown retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, CoKnown reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Please report any violations of the Terms of Service to