Terms Of Use

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE(S) AND OTHER SERVICES.

IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE AND OTHER SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE.

1. General

These Terms govern your use of the kablam.net website, associated services (such as RSS feeds), API, and related services including emails, newsletters and sweepstakes (with the websites, applications and software, the “Service”). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to as the “Agreement.”

We reserve the right, in our discretion, to change or modify all or any part of the Terms at any time, effective immediately upon notice published on this page. Your use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Kablam as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service. It is your responsibility to refer to these Terms on accessing the Service. Kablam, at it's discretion may post notices in registered users settings area for major rewrites of this document.

COPPA: The Service is directed to teenagers and adults and is not directed to children under the age of 13. You must be 13 years of age or older to use the Service. Kablam complies with the Children’s Online Privacy Protection Act and does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under 13. By registering for any Service, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Service (“Member”). Creating a Member account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Service, and such accounts will be terminated by Kablam.

As part of the registration process, you may be asked to select a handle (username) and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. In addition if Kablam becomes aware of handles in violation of these terms, Kablam at it's discretion may force a handle change upon next login or suspend the account. Accounts failing to change their handle within a 2 week notice period (instigated by email to the account user) will have their handles automatically changed.

If you wish to view or change your profile information, you can do so via the “My Profile” tab of the user settings area.

If you wish to hide your real name, change your cover photo or avatar, you can do so via the "customize" tab of the user settings area.

2. Use of Content

You acknowledge that the Service contains information, software, articles, reviews, photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of our websites, applications and software and other material (collectively, the “Content”) that are protected by copyright or other proprietary rights of Kablam or third parties. All Content on the Service is copyrighted as a collective work of Kablam pursuant to applicable copyright law. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use.

Businesses, organizations or other legal entities must register as corporate users (defined below) and are not permitted to use the Service for any purpose, including but not limited to collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of the Service. Webmasters and other organizations may publish un-modified versions of our RSS feeds to their sites on the grounds of abiding by our RSS acceptable use policy.

Except as expressly permitted, you may not (i) modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material (defined below), in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Service. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Service or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.

You may post on the Service only content owned by you (such as your original statements or video clips), content for which you have received express written permission from the owner and content in the public domain (collectively, the “Material”). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to Kablam and its successors, assigns and licensees (collectively, “Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Service) to do any of the foregoing with further right of sublicense (the “License”), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s rights under the License shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right).

You may download, copy and make any personal, non-commercial use of the Content and use that is expressly permitted by the United States Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.

3. Rules of Conduct

Kablam has the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Service and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. While utilizing the Service, you may not:

• Use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
• Post on the Service any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
• Reformat or frame any portion of any web page that is part of the Service;
• Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• Submit any Material that falsely implies sponsorship of that Material by the Service and/or Kablam, falsify or delete any author attributions in any Materials, or promote any information that you know is false or misleading;
• Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Service;
• Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• Submit Material, or engage in any activity, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, and unlawful or promotes or encourages illegal activity;
• Harvest or collect email addresses or other contact information of other users by electronic or other means.

The above is not a complete list of illegal and/or prohibited uses of the Service.

Kablams Gamerscore system can be used (at Kablams discretion) to punish conduct offenders by restricting access to certain portions of the website until behavior improves.

Use of our Service is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Service.

4. Gamerscore

Kablam's Gamerscore system was designed to identify the conduct of users on the site. All users of the Service receive a gamerscore upon registering for an account which decreases after a user has breached the Rules of Conduct. The lower a users gamerscore sinks, the less access he or she has to social aspects to the site including but not limited to

• Posting comments
• Posting notes to his/her wall
• Updating Coverphoto's/avatars (Coverphotos/Avatars deemed to be in breach of the rules will be removed by Kablam)
• Creating and publishing news articles

Gamerscores automatically rise after offending behavior has ceased and no further actions have been taken enabling users to restore their reputation and restore access to services.

Each users Gamerscore is only visible to Kablam and the individual user. Users can view their score in real time from the gamerscore tab within the Settings area.

More information about Gamerscore can be found on its dedicated page (login not required) at http://www.kablam.net/gamerscore

5. Managing Content

Despite our rights outlined herein, you shall remain solely responsible for all Material you post. Kablam has no obligation to pre-screen or monitor the Material you post, however Kablam reserves the right to edit or remove any Content or Material on the Service, in whole or in part, and to disclose any information or take any action necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect the rights, property or safety of Kablam, its users and the public. You understand and agree that you may be exposed to such matters and that you further waive your right to any damages (from any party) related to such exposure.

Kablam has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

• Restrict, suspend, or terminate your access to all or any part of our Services;
• Change, suspend, or discontinue all or any part of our Services;
• Refuse, move, edit or remove any Material for any reason;
• Refuse, move, edit or remove any Content that is available on our sites;
• Deactivate or delete your account(s) and all related information and files in your account(s);
• Establish general practices and limits concerning use of our sites and Services.

You agree that Kablam will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements and administrative messages from us or from our partners, and that these are considered part of the Services.

6. Indemnity

You agree to indemnify, defend and hold Kablam and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Kablam Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any Kablam Party in connection with:

• Your use of, or connection to, our Service;
• Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
• The content, the quality, or the performance of Material that you submit;
• Your violation of these Terms or the Privacy Policy; or
• Your violation of the rights of any other person or entity

Kablam reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Kablam’ defense of such claim.

7. Termination of Service

Kablam reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your access to the Service at any time by immediately ceasing use of the Service. If you would like to delete a particular account on the Service, you may do so via the settings area of your account profile. Once your access terminates, you will have no right to use the Service. The terms of this Agreement shall survive any termination of your access. Kablam may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.

8. Copyright Policy

You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please email: legal@kablam.net and insert “Terms of Use” in the subject line.

Notification of claimed infringement must include the following:

• (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
• (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
• (c) a description of where the material that you claim is infringing is located on the Service;
• (d) your address, telephone number, and email address;
• (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
• (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.

If your materials have been removed due to alleged infringement of a third party’s intellectual property rights, Kablam will notify you. If you believe your materials have been wrongly removed, you may file a counter-notification containing the following:

• (a) an electronic or physical signature of the person authorized to act on your behalf;
• (b) a description of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
• (c) a written statement by you that under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• (d) your address, telephone number, and email address; and
• (e) a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

Upon Kablams receipt of such counter-notice, Kablam will provide the complainant with your contact information so that you have the ability to resolve the issue. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options. If the matter has been resolved or the complainant does not seek a court order within the statutory time period, we generally will re-post the material.

Kablam reserves the right to remove any materials or content alleged to be infringing without prior notice, at Kablams sole discretion, and without liability to you. Kablam may temporarily lower your accounts gamerscore to correspond with severity of the infringement.

In appropriate circumstances, Kablam will also terminate your account if you are determined to be a repeat infringer.

Any person who knowingly misrepresents that material is infringing or that material was removed or disabled by mistake or misidentification may be subject to liability.

9. Member Disputes

You are solely responsible for your interactions with other Members of the Service. Kablam reserves the right, but has no obligation, to monitor disputes between you and other Members.

If you believe a post is bullying, defaming or otherwise harassing yourself or another member, you can report it to a moderator by clicking the abuse triangle () and filing a report. An investigation will be carried out by Kablam to see if action is required. Due to the nature of investigations, users filing the report may not receive feedback on actions taken.

10. International Use

We make no claims that any Material, Service or any Content is appropriate or may be downloaded outside of the United States or outside the country where such Material, Service or any Content was produced. Access to the Material, Services or any Content may not be legal in certain countries or for certain persons. If you access any Material, Services or Content from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with: i) all local rules regarding user conduct on the Internet and acceptable content; and ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the United States and the country in which you are located.

This document was last modified on: April 26 2016 13:02:17 (Timestamps are automatically collected & verified by the server)