Objectionable Material. You may encounter content through the use of Kerplop that you find offensive, including health-related and medical content that is sexually explicit. By their very nature, Kerplop articles may include offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, content that has been mislabeled or is otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using Kerplop.
Kerplop is for General Informational Purposes Only. Some of the material shared through Kerplop may offer information relating to professional topics, such as medical, legal, or financial issues. This material is presented for general informational purposes only, and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any opinion, advice, or information contained in the Service.
No Editorial Role. Much of the content of Kerplop -- including the contents of specific Kerplop articles -- is provided by and is the responsibility of the person or people who submitted the content. Kerplop does not monitor or edit the content of Kerplop articles, and takes no responsibility for such content. Instead, Kerplop merely provides access to such content as a service to you.
No Endorsement. Kerplop does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content submitted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on content posted via the Service will be at your own risk.
Your Intellectual Property Rights.
No Kerplop Ownership of User Content. Kerplop claims no ownership or control over any content submitted, posted or displayed by you on or through the Service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through the Service and you are responsible for protecting those rights, as appropriate.
License to Kerplop. By submitting, posting or displaying content as an Author, Co-Author, Collaborator, Commenter, Reviewer, or User on or through the Service, you grant to Kerplop a non-exclusive, perpetual, worldwide and royalty-free right and license to (i) use, copy, distribute, transmit, modify, create derivative works based on, publicly perform (including but not limited to by digital audio transmission), and publicly display the content through Kerplop services; (ii) allow other users to access and use the content through Kerplop services; and (iii) permit Kerplop to display advertisements on the Kerplop sites containing the content. In addition, you grant to Kerplop a nonexclusive, perpetual, worldwide and royalty-free license to use your name, likeness, image, voice, and biographical information (and, where applicable, your trademarks, service marks, trade names, logos, and other business identifiers) in connection with the content and Kerplop’s use of the content through the Kerplop services.
Privacy. As a condition of using the Service, you agree to the terms of the Kerplop Privacy Policy which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Kerplop may access or disclose your personal information, including the content of your communications, if Kerplop is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the general Kerplop Privacy Policy. Personal information collected by Kerplop may be stored and processed in the United States or any other country in which Kerplop Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside your country.
Representations and Warranties. You represent and warrant that (a) you have full power and authority to enter into this agreement, (b) that you have all necessary rights to grant the licenses set forth in this Agreement, (c) that your submission of content does not violate any obligation you owe to a third party, and (d) that all of the information provided by you to Kerplop to participate in the Service is correct and current. You also represent and warrant that (a) to the extent that your Kerplop presents factual information, that the information is factually accurate, (b) the material presented in your Kerplop reflects your sound scholarly, professional, and/or learned presentation of the subject matter of the Kerplop.
Indemnification. You agree to hold harmless and indemnify Kerplop, and its subsidiaries, affiliates, officers, agents, licensors, and employees from and against any third-party claim (including any claim involving Authors, Co-Authors, Collaborators, Reviewers, Commenters, and Users) arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Kerplop will provide you with written notice of such claim, suit or action.
Term and Termination. Kerplop may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 4-8 and 9-16 of this Terms of Service, along with applicable provisions of the general Terms of Service, shall survive expiration or termination.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF KERPLOP IS AT YOUR SOLE RISK. KERPLOP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KERPLOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. KERPLOP MAKES NO WARRANTY THAT (i) KERPLOP WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF KERPLOP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KERPLOP WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH KERPLOP WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF KERPLOP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KERPLOP OR THROUGH OR FROM KERPLOP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KERPLOP SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KERPLOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE KERPLOP SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM KERPLOP SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON KERPLOP SERVICES; OR (v) ANY OTHER MATTER RELATING TO KERPLOP SERVICES.