Terms of Use

Last Updated: January 23, 2017

Konfab Holdings, LLC ("Konfab”) is a facilitator of transactions with the purpose of meetings between party offering time (“Influencer”) and end user (“End User”). By creating a Konfab account or by using the Konfab app, whether through a mobile device, mobile application or computer, you agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated by reference herein and available in on our site (collectively, "Terms of Use"). If you do not accept and agree to be bound by all of the terms of the Terms of Use, please do not use Konfab.

1. ACCEPTANCE OF TERMS

The Konfab Internet site available at konfab.com. The Konfab mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with the site and applications (collectively, "Konfab Services") are owned and operated by Konfab and can only be accessed and used by you under the Terms of Use described below.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF KONFAB SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE KONFAB SERVICES.

2. MODIFICATIONS OF TERMS OF USE

Konfab may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with Konfab Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on Konfab Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using Konfab Services and to provide Konfab notice to remove you from any distribution lists or other communication list that are available to you through your use of Konfab Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

3. USE OF THE SITE AND KONFAB SERVICES

Subject to full compliance with these Terms of Use, Konfab grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use Konfab Services for your use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Konfab Services or any of its content for any purpose except for your personal use and as described in this Terms of Use, without the express written consent of Konfab. Konfab may modify, update, suspend or discontinue Konfab Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Konfab shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

4. USER CONDUCT

As a condition of your access and use of Konfab Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, or other materials on Konfab Services (collectively, the “Content”), you agree not to use Konfab Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Konfab. By way of example, and not as a limitation, you agree not to:

  1. intentionally or unintentionally violate these Terms of Use, other applicable agreements with Konfab, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
  2. use Konfab Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
  3. act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Konfab;
  4. publish inaccurate information in the designated fields on the profile form (please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature);
  5. create a user profile for anyone other than a natural person;
  6. harass, abuse or harm another person, including sending unwelcomed communications to others using Konfab;
  7. upload a profile image that is not your likeness or a head-shot photo;
  8. use or attempt to use another's account without authorization from Konfab, or create a false identity on Konfab
  9. knowingly provide or submit false or misleading information;
  10. use Konfab Services if you are under the age of eighteen (18);
  11. attempt to gain unauthorized access to Konfab Services, other user accounts, or other computer systems or networks connected to Konfab Services;
  12. use Konfab in any way that could interfere with the rights of Konfab, Influencers, End Users, or the rights of other users of Konfab;
  13. attempt to gain unauthorized access to any portion or feature of Konfab Services, or any other systems or networks connected to Konfab Services or to any server used by Konfab by hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
  14. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden Konfab;
  15. access, download, monitor, or copy any information contained on Konfab through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of Konfab Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through Konfab Services;
  16. probe, scan or test the vulnerability of Konfab Services or any network connected to Konfab Services, nor breach the security or authentication measures on or off Konfab Services or any network connected to Konfab Services. You may not reverse look-up, trace or seek to trace any information on any other user of Konfab Services, or any other customer of Konfab, including any Konfab account not owned by you, to its source, or exploit Konfab Services or any service or information made available or offered by or through Konfab Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Konfab and provided for by Konfab Services;
  17. send any unauthorized communication that includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  18. imply or state, directly or indirectly, that you are affiliated with or endorsed by Konfab unless you have entered into a written agreement with Konfab stating such; or
  19. access, via automated or manual means or processes, Konfab Services for purposes of monitoring Konfab Service’s availability, performance or functionality for any competitive purpose.

5. REGISTRATION INFORMATION

Konfab is a facilitator of transactions with the purpose of meetings between party offering time (Influencers) and End Users. We require that you create an account to use or access certain parts of Konfab Services and use certain products and features. We require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Konfab Services, you agree to (a) provide Konfab with true, accurate, current and complete information as prompted by Konfab's registration forms, when registering for or using Konfab Services, and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

6. SUBMITTING CONTENT

As a condition of submitting any Content or other materials to Konfab, you agree that:

  1. you grant to Konfab a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to Konfab all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to Konfab Services;
  2. you grant to Konfab all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
  3. your name and report information may be made available to the public and to the Influencers and End Users which you review;
  4. you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Konfab, and others as described and otherwise contemplated in these Terms of Use;
  5. you represent and warrant that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use.
  6. you are solely responsible for your reviews and ratings;
  7. Konfab may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
  8. you will not submit any reviews that may be considered by Konfab to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
  9. all of your reviews and ratings will be based upon your actual first-hand experiences with the Influencers you are reviewing;
  10. all of your reviews and ratings of the Influencers that you are rating will be accurate, honest, truthful, and complete in all respects;
  11. you do not work for, nor are you an affiliate of, any of the Influencers for which you submit reviews and ratings;
  12. you are not in any way related (by blood, adoption or marriage) to any of the Influencers for which you submit reviews or ratings;
  13. you have not received any form of compensation to post reviews and ratings;
  14. you will submit thorough and thoughtful reviews of the Influencers you review (for example, submitting a review describing a service contractor as "He/She is great." without additional commentary is not a thorough and thoughtful review);
  15. you will not submit reviews that comment on other users or the reviews of other users;
  16. you will not submit reviews with hyperlinks; or
  17. the reviews and ratings that you provide do not reflect the views of Konfab, its officers, managers, owners, employees, agents, designees or other users.

7. PUBLICATION AND DISTRIBUTION OF CONTENT

Konfab cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through Konfab Services. You acknowledge that Konfab simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of user-generated Content. You understand that all Content, transmitted through or linked through the Konfab Service, is the sole responsibility of the person from whom such Content originated. You understand that Konfab does not control, and is not responsible for Content or Influencer Content made available through Konfab Services, and that by using Konfab Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content. You further acknowledge that Konfab has no obligation to screen, preview, monitor or approve any user-generated Content on the Konfab Services. Konfab reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these Terms of Use. By using Konfab Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through Konfab Services. Under no circumstances will Konfab be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via Konfab Services. You waive the right to bring or assert any claim against Konfab relating to Content, and release Konfab from any and all liability for or relating to any Content. Konfab has no obligation to review, monitor, or remove any Content or other materials, except as required by law. You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to [email protected] (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney. You agree that Konfab may establish general practices, policies and limits, which may or may not be published, concerning the use of Konfab Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access Konfab Services in a given period of time. You agree that Konfab has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through Konfab Services. You agree that Konfab has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

8. INFLUENCERS/END USERS

Konfab does not endorse and is not responsible or liable for any Content, data, products, goods or services available or unavailable from, or through, any Influencers, End User or any representative or agent thereof. Konfab is not responsible for the content or results of any meeting between Influencers and End Users. Konfab is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with any use of the Konfab Services or any meeting between any Influencer and End User. Any dealings with any Influencer or End User, and any other terms, conditions, representations or warranties associated with such dealings, are between the End User and the Influencer exclusively and do not involve Konfab. Each Influencer and End User should make whatever investigation or other resource inquiry that you deem necessary or appropriate before hiring, engaging with, or meeting with, any End User or Influencer. Konfab does not guarantee the identity of any Influencer or End User. Any transaction is made under the auspices of buyer beware. Influencers understand that Konfab will use various means, including social media and other methods, to advertise the Influencer’s presence on Konfab and availability for meetings. By signing up with Konfab, Influencers grant Konfab the right to market the Influencer through various channels, including, but not limited to, online and offline marketing, and to communicate with them via physical and digital means. So long as an Influencer is registered on the Konfab Services, each Influencer grants Konfab a license to use the Influencer’s name and Konfab information for such marketing purposes.

9. KONFAB BOOKINGS

All dates, times, prices and locations offered are at the Influencer’s discretion and are subject to change at any time by the Influencer. Konfab does not guarantee any service being offered by any Influencer. Konfab does not guarantee any level of visibility/click through rates on the Konfab Services via search unless individuals separately enter into a marketing/promotion agreement with Konfab for such priority visibility. Influencers understand and agree to keep their Konfab calendar updated to maximize and optimize available time to the best of your ability, and proactively promote your calendar in collaboration with Konfab to secure appointments/sales. Konfab does not guarantee any level of revenue generation.

  1. Messaging. Messaging between Influencers and End Users is expressly for the purposes of arranging details for a session. Any attempt to use messaging for any other purposes such as sales, solicitation, or outside conversation can be grounds for being barred from Konfab Services. Any inappropriate language or images will be grounds for immediately being barred from the Konfab Service. Messaging between Influencers and End Users is only for a limited duration. Parties can only contact each other throughout the duration of a transaction. No Konfab messaging will occur at any other time. All communications regarding meetings between Influencers and End Users MUST be conducted through Konfab’s messaging platform.
  2. Offers. An offer or a meeting made through Konfab is not automatically accepted. Accepting an offer is completely at the discretion of the Influencer. An Influencer may reject an offer for any reason they see fit. If an offer has been accepted, an Influencer may rescind the acceptance at any point up to the meeting. If an acceptance has been rescinded, any sum of money that has been transacted will be returned to the End User. Payment will be extracted from the account of the End User upon acceptance of an offer, but will not be disbursed to any parties until 24 hours after satisfactory completion of the meeting. Any disputes regarding a meeting must be submitted to Konfab within 12 hours following the completion of the meeting. Konfab’s determination regarding any dispute, and the distribution of any meeting fees, shall be final and binding on the Influencer and the End User.
  3. Influencer Bookings. In order to allow for bookings to be made using the Konfab Service, Influencers must keep an updated calendar on the Konfab Services. The Konfab Service will take availability information from the Influencer’s calendar account and display that information to the End User. The End User can then select an appointment time from a live calendar application on the site and request a meeting by submitting a meeting request form using the Konfab Services (which will show proposed subject matter of meeting). Influencers can opt to automatically confirm the booking, or they can notify the End User whether they wish to accept or reject the time proposed and any other information (via the Konfab Services messaging). For a limited period up to the completion of the meeting, the Influencer and End User can opt to send additional information and communicate (reminder and follow up emails) via the Konfab Services messaging portal. Please note the Konfab Service may send emails using a third party provider in order to maintain a high reputation with ISPs for transactional email management. However, Konfab cannot guarantee that emails will not occasional be blocked by spam filters, bounced or in some other way not be delivered. Also, please note that the Konfab Service is automated. The Konfab Service will make the availability data in the Influencer calendar available to End Users without any external verification. Konfab is not responsible or liable for either the accuracy of the information in the calendar or for an Influencer’s or End User’s failure to monitor their email account or Konfab messaging. When an Influencer confirms a booking using the Konfab Service, the Influencer’s calendar will be updated automatically.
  4. Cancellations. Meetings may be cancelled by Influencer at any time. If an Influencer must cancel an accepted meeting, it is assumed that the Influencer will make a “best effort” to reschedule that meeting but is not bound to do so. Influencers who repeatedly cancel sessions can temporarily or permanently be barred from the Konfab Services at Konfab’s discretion. Meetings cancelled by an End User will result in a complete or partial refund based on time of cancellation. Any meeting cancelled by the End User more than a week before the scheduled meeting results in a full refund. Cancellation by an End User between the time period of 1 week to 48 hours before the meeting results in a 50% refund. Cancellation by an End User less than 48 hours before the meeting will result in no refund.
  5. Meetings. All meetings must occur in a public space or a verifiable place of business. Upon arrival, if an Influencer is uncomfortable for any reason with the agreed upon location, the Influencer may cancel meeting or message End User to relocate. If an Influencer cancels a meeting, a full refund will be issued to the End User. If an Influencer arrives more than 15 minutes late to a meeting and cannot carry that time over the agreed upon end-time, the End User may request a partial refund. If an End User hasn’t arrived within 15 minutes of the agreed upon time, the Influencer may abandon the meeting at his/her discretion. No refund will be issued. Both parties agree to attend meetings in a state that allows for a clear and cogent conversation. Being under the influence of any substance that diminishes that state or being too sick or incapacitated to conduct the session is grounds for the cancellation of session. Influencers have the ability to terminate the session with no refund for any such reasons. End Users may report any such issue and request a partial or full refund based upon the discretion of Konfab. Any deviation from the agreed upon parameters of a meeting as captured through Konfab messaging is grounds for the immediate termination of a session. Deviations include time, date, location, attendees, subject matter, etc. End Users agree to abide by the wishes of the Influencer as pertaining to autographs, filming, recording, photography or allowing other attendees to join session. Any of these instances must be requested prior to the meeting through Konfab messaging and agreed to by the Influencer. Not abiding by the Influencer’s reasonable wishes will result in the immediate termination of the session with no refund available to the End User.
  6. Intermediaries. (Agents, Representatives, Conferences). As a representative of an End User and/or Influencer, you must adhere to all Konfab policies as if you are the End User and/or influencer yourself. Influencers and End Users, as applicable, take full responsibility for any intermediary acting on their behalf. Intermediaries will receive compensation at the same time as their clients, which is after the meeting has occurred. Intermediaries must have full consent from the Influencer/End User they are representing on Konfab. Konfab is not responsible for the terms of any agreement between any Influencer/End User and an intermediary or any disagreements between them relating thereto.
  7. Reviews. Reviews from both parties are intended to be constructive feedback. Any inappropriate words or terms may result in the removal of review by Konfab. Any assertions made by either party that could be construed as libelous or slanderous will result in the removal of reviews. Konfab is not responsible for the content of reviews as Konfab is strictly a conduit. Consistent abuse of the rules surrounding reviews by either party will result in a temporary or permanent barring from the service at the discretion of Konfab.

You agree that Konfab will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided by Influencers. Konfab does not make any representations or warranties as to the security of any information exchanged between Influencers and End Users. You agree that Konfab is not responsible for the accessibility or unavailability of any Influencer or for the interactions and dealings between Influencers and End Users. Influencers and End Users each waive the right to bring or assert any claim against Konfab relating to any interactions or dealings between them other than for payment of fees, and release Konfab from any and all liability for or relating to any interactions or dealings between them other than the repayment of booking fees. Without limiting the foregoing, your correspondence or business dealings with Influencers and End Users or participation in meetings therewith through the use of Konfab Services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between the Influencer and End User.

KONFAB DOES NOT CONDUCT ANY BACKGROUND INVESTIGATION OR OTHER CHECK OF INFLUENCERS OR END USERS. KONFAB ONLY PROVIDES THE FORUM ALLOWING INFLUENCERS AND END USERS TO CONNECT. AS KONFAB IS SOLELY A FACILITATOR, EACH INFLUENCER AND END USER AGREES THAT KONFAB SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS OR MEETINGS BETWEEN THE INFLUENCER AND END USER OR AS THE RESULT OF THE PRESENCE OF INFLUENCERS OR END USERS ON KONFAB. BY UTILIZING THE KONFAB SERVICES AND MEETING, INFLUENCERS AND END USERS ACKNOWLEDGE AND AGREE THAT THEY ARE MEETING EACH OTHER AT THEIR OWN RISK AND KONFAB SHALL HAVE NO LIABILITY RELATING TO (AND HERBY WAIVE ANY CLAIM OR CAUSE OF ACTION RELATED TO) ANY CONDUCT, ACTIVITY OR RESULT OF ANY INTERACTION AND MEETING OF THE INFLUENCER AND END USER, INCLUDING, WITHOUT LIMITATION, THE COMMISSION OF ANY TORT OR OTHER CONDUCT OF THE INFLUENCER AND/OR END USER.

10. SERVICE PROVIDERS

Third parties and other service providers may link or otherwise direct Internet users to the Konfab site for the purpose of utilizing one or more of the Konfab Services. Additionally, Konfab may provide links or otherwise direct you to third party or service provider websites. Konfab does not control or operate any such third party or service provider websites. Any information you provide to these third party or service provider websites while on these third party or service provider websites is subject to the respective policies of those third parties or service providers, and not Konfab's policies. It is your responsibility to review such third party or service provider policies, including any relevant privacy policies. You agree that Konfab will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Konfab does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or service provider sites. You use these third party or service provider websites at your own risk.

You agree that Konfab is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Konfab relating to any interactions or dealings with any service provider, and release Konfab from any and all liability for or relating to any interactions or dealings with service providers. Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or service providers found on or through the use of Konfab Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Konfab shall not be responsible or liable, directly or indirectly, 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 third parties or service providers on Konfab.

11. TERMINATION OF ACCESS

Konfab may terminate your privilege to use or access Konfab Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using Konfab Services and agree not access or make use of, or attempt to use, Konfab Services. Furthermore, you acknowledge that Konfab reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access Konfab Services. You understand that Konfab may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Konfab.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to Konfab Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

12. TRADEMARKS AND COPYRIGHTS

Konfab, and other Konfab Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Konfab in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion. You should assume all Content and material made available on Konfab Services is protected by copyright law. Aside from End User or Influencer submitted Content, all other materials and other information on Konfab Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Konfab and/or its licensors and are protected by all United States and international copyright laws.

  1. Notice and Procedure for Making Claims of Copyright Infringement. Konfab respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for any users of the Konfab Service who are infringers.
  2. Notifying Konfab of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Site: DMCA Notification Dept.” at [email protected] that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a detailed description of where the material that you claim is infringing is located or found on Konfab Services;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. 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 intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  3. Providing Konfab with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If you material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at [email protected] that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

13. DELAYS AND ACCESSIBILITY

Konfab Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Konfab is not responsible for any delays, failures or other damage resulting from such problems.

14. USER FEEDBACK

Konfab appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Konfab Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Konfab Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of Konfab. In addition, none of the Submissions will be subject to any obligations of confidentiality and Konfab will not be liable for any future use or disclosure of such Submissions.

15. WARRANTIES AND DISCLAIMERS

You acknowledge that Konfab has no control over, and no duty to take any action regarding: what effects the content on or in connection with Konfab Services may have on you; how you may interpret or use the content on or in connection with meetings you have as a result of using the Konfab Services; or what actions you may take as a result of having been exposed to the content on or in connection with Konfab Services. You release Konfab from all liability for you having acquired or not acquired content or information through Konfab Services or through meetings you have as a result of using the Konfab Services. Konfab makes no representations concerning any meetings arranged through Konfab Services, and Konfab will not be responsible or liable for the accuracy, legality or decency of any meeting content. Konfab makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of any such information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE KONFAB SERVICES AT YOUR OWN RISK. KONFAB SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER KONFAB NOR ITS AFFILIATES, EMPLOYEES, AGENTS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH KONFAB SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF KONFAB, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT KONFAB SERVICES. IN NO EVENT WILL KONFAB OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF INFLUENCERS, END USERS OR OTHER USERS. IN NO EVENT WILL KONFAB OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF KONFAB SERVICES.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, KONFAB DOES NOT REPRESENT OR WARRANT THAT (I) THE KONFAB SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE KONFAB SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE KONFAB SERVICES OR ANY MEETING OCCASIONED THEREBY WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH KONFAB WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE KONFAB SERVICES WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE KONFAB SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KONFAB'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

KONFAB SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE KONFAB SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND KONFAB HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

16. INDEMNITY

You agree to indemnify, defend and hold harmless Konfab, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Konfab or that you submit, transmit or otherwise make available through the Konfab Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Konfab will have sole control of the defense of any such damage or claim.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KONFAB, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF KONFAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO KONFAB SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE KONFAB SERVICES; (B) THE COST OF ANY KONFAB SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF KONFAB SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE KONFAB SERVICES; (E) STATEMENTS OR CONDUCT OF ANY INFLUENCER, END USER, INTERMEDIARY, OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH KONFAB SERVICES; (F) ANY OTHER MATTER RELATING TO KONFAB SERVICES; (G) ANY BREACH OF THESE TERMS OF USE BY KONFAB OR THE FAILURE OF KONFAB TO PROVIDE THE KONFAB SERVICES UNDER THESE TERMS OF USE; OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY INFLUENCER, END USER, INTERMEDIARY, OR OTHER THIRD PARTY (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT KONFAB, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE KONFAB SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED THE GREATER OF THE FEES PAID FOR THE KONFAB SERVICES OR $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you.

18. NOTICE

By use of Konfab Services, you consent to receive electronic communications from Konfab (via email or via a posting on the Konfab site), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Konfab may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on Konfab Services. All notices to Konfab will be provided by either sending: (i) an email to [email protected]; or (ii) a letter, first class certified mail, to Konfab, 44 Cook Street, Suite 450, Denver, CO 80206, Attn: Konfab Support. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

19. ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to this Terms of Use including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Konfab. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Konfab regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Influencers, End Users and other service providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Konfab under these Terms of Use.

20. GOVERNING LAW

These Terms of Use and the relationship between you and Konfab will be governed by the laws of the State of Colorado, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Denver, Colorado and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Konfab may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of Konfab Services or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

21. MISCELLANEOUS

If you breach any term of this Terms of Use or other agreement with Konfab, Konfab may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Konfab's remedies are cumulative and not exclusive. Failure of Konfab to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Terms of Use at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. This Terms of Use is not assignable, transferable or sublicensable by you except with Konfab's prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of the Konfab Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Konfab as a result of these Terms of Use or use of Konfab Services. You acknowledge and agree that each of the released parties shall be an intended third party beneficiary of these Terms of Use.

22. CONTACTING KONFAB

If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at [email protected] We will address any issue to the best of our abilities.