Date of Last Revision: May 12th 2010.
Statement of Rights and Responsibilities.
The Statement of Rights and Responsibilities below derives and governs our relationship with users and others who interact with Klutch Caribbean. By using or accessing Klutch Caribbean, you agree to the Statements.
1. Privacy.
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Klutch Caribbean to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
2. Sharing Your Content and Information.
.You own all of the content and information you post on Klutch Caribbean, but as this is a resource social network you do not have control over who can view your content. In addition: 1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, license to use any IP content that you post on or in connection with Klutch Caribbean ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
4. When you publish content or information, it means that you are allowing all registered users of www.klutchcaribbean.com to access and use that information, and to associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about Klutch Caribbean, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
6. Content published to Klutch Caribbean is at the full discretion of the management of the website and by publishing, you infer that you are the sole owner of the content or have received adequate permissions to publish such content.
7. Content published to Klutch Caribbean should be related to Motorsport in the Caribbean at some level. Any content published will be scrutinized by site management and a decision will be made if to remove it.
3. Safety.
We do our best to keep Klutch Caribbean safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments: 1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Klutch Caribbean.2. You will not collect users' content or information, or otherwise access Klutch Caribbean, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Klutch Caribbean.4. You will not upload viruses or other malicious code.5. You will not solicit login information or access an account belonging to someone else.6. You will not bully, intimidate, or harass any user.7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.8. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Klutch Caribbean without our prior written consent. If we consent, you take full responsibility for the promotion, and all applicable laws.9. You will not use Klutch Caribbean to do anything unlawful, misleading, malicious, or discriminatory.10. You will not do anything that could disable, overburden, or impair the proper working of Klutch Caribbean, such as a denial of service attack.11. You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security.
Klutch Caribbean users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:.
1. You will not provide any false personal information on Klutch Caribbean, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal profile.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
5. You will not use Klutch Caribbean if you are under 13.6. You will not use Klutch Caribbean if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights.
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on Klutch Caribbean that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on Klutch Caribbean if we believe that it violates this Statement.
3. We will provide you with tools to help you protect your intellectual property rights. A “Report Inappropriate Content” or “Report Abuse” icons are available for users to make a claim against any breach of intellectual property rights.
4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, you can appeal by sending an email to info@klutchcaribbean.com.
5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or trademarks (including Klutch Caribbean, the Klutch Caribbean and K Logos, Klusters, Klipboard and K-Mail), or any confusingly similar marks, without our written permission.
7. If you collect information from users, you will: obtain their consent, make it clear you (and not Klutch Caribbean) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
8. You will not post anyone's identification documents or sensitive financial information on Klutch Caribbean.
9. You will not tag users or send email invitations to non-users without their consent.
6. Special Provisions Applicable to Share Links.
If you use any of the Share Link buttons on our website, the following additional terms apply to you:.
1. We give you permission to use the Share Link buttons so that users can post links or content from Klutch Caribbean to other websites.
2. You give us permission to use and allow others to use such links and content on Klutch Caribbean.
7. About Advertisements on Klutch Caribbean.
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:.
1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content served by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
2. We do not give your content or information to advertisers without your consent.
3. You understand that we may not always identify paid services and communications as such.
8. Termination.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Klutch Caribbean to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
9. Disputes.
1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Klutch Caribbean exclusively in a court located Bridgetown, Barbados. The laws of the Barbados will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
2. If anyone brings a claim against us related to your actions, content or information on Klutch Caribbean, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
10. WE TRY TO KEEP Klutch Caribbean UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Klutch Caribbean "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Klutch Caribbean WILL BE SAFE OR SECURE. Klutch Caribbean IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
11. Definitions.
1. By " Klutch Caribbean " we mean the features and services we make available, including through (a) our website at www.klutchcaribbean.com and any other Klutch Caribbean branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By "us," "we" and "our" we mean Klutch Caribbean.
3. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Klutch Caribbean or provide data to us.
4. By "information" we mean facts and other information about you, including actions you take.
5. By "content" we mean anything you post on Klutch Caribbean that would not be included in the definition of "information.
6. By "data" we mean content and information that third parties can retrieve from Klutch Caribbean or provide to Klutch Caribbean through Platform.
7. By "post" we mean post on Klutch Caribbean or otherwise make available to us (such as by using an application).
8. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
9. By "active registered user" we mean a user who has logged into Klutch Caribbean at least once in the previous 30 days.
10. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives data from us.
12. Other .
1. This Statement makes up the entire agreement between the parties regarding Klutch Caribbean, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.