Terms & Conditions
Date of Last Revision: November 2, 2008.
1. Acceptance of Terms
The KartMe service (collectively, "KartMe"
or "the Service") is operated by KartMe, Inc. ("us",
"we" or "the Company"), a
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions of Use at any time without further notice. If we do this, we will post the changes to these Terms and Conditions of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms and Conditions of Use. If you do not agree to abide by these or any future Terms and Conditions of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions of Use and to review such changes.
2. Description of service
Subject to full compliance with the Terms and Conditions of Use, KartMe may offer to provide certain services and content, on the Site. Services shall include, but not be limited to, any service KartMe performs or content KartMe stores for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, emails, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). KartMe may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. KartMe may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
3. Your registration obligations
In consideration of your use of the Site, you agree to maintain the security of your password and identification and you agree to be fully responsible for all use of your account and for any actions that take place using your account.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
4. User conduct
1. to abuse, harass, threaten, impersonate or intimidate other KartMe users;
2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any KartMe user;
5. to create or submit unwanted email ("Spam") to any other KartMe users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit links, articles or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), sites/blogs with any unoriginal content, or off-topic content;
8. to submit stories or comments linked to the inappropriate item;
9. with any robot, spider, scraper or other automated means to access the Site for any purpose beyond driving traffic to our site. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
10. with the intention of artificially inflating or altering an article rank, a deal rating, a comment rating, or any other KartMe service, including by way of creating separate user accounts for the purpose of artificially altering KartMe’s services; giving or receiving money or other remuneration in exchange for actions; or participating in any other organized effort that in any way artificially alters the results of KartMe’s services;
11. to advertise to, or solicit, any user to buy or sell any products or services outside the functionality provided by the Site. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
12. to harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending communications;
13. attempt to impersonate another user or person;
14. use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site;
15. sell or otherwise transfer your profile.
You are solely responsible for your interactions with other users of the Site. KartMe reserves the right, but has no obligation, to monitor disputes between you and other users.
5. Content submitted to the site
By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
You recognize User Content submitted to the site includes not just text but also clicks submitted to the site, hyperlinks submitted to the site, and actions taken on the site, which may be used to deliver the service to other users.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company.
6. KartMe mobile services
The Service includes certain services that are available via your mobile phone. We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding KartMe and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your KartMe account information to ensure that your messages are not sent to the person that acquires your old number.
7. Copyright complaints
We respect the intellectual property of others. KartMe will 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, KartMe may act 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. KartMe can terminate access for account holders who are repeat infringers.
Notifying KartMe of Copyright Infringement: To provide KartMe notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of firstname.lastname@example.org that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org or a news website such as techcrunch.com. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing KartMe with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide KartMe with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at email@example.com 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.
8. Third party content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us.
If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
KartMe may run advertisements and promotions from third parties on the Site or may provide links to or send you promotional offers or messages regarding third party products or services. We do not endorse, monitor or have any control over such third party products or services and makes no guarantee as to the value, reliability, accuracy or completeness of any such third party products or services or the results obtained there from. We assume no responsibility or liability for any third party products or services or for the actions or failure to act of those providing such third-party products or services. You assume full responsibility for your use of such third party products or services, and your business dealings or correspondence with, or participation in promotions of, advertisers or other third parties are solely between you and such third party.
9. Use of links to KartMe.com by third party publishers
that meet the requirements set forth below may place a KartMe Link, in the form
approved by KartMe, on pages of their web sites to facilitate use of the
KartMe. A Third Party Site that posts a Link on its web site is referred to
herein as an "Online Content Provider" and shall abide and be subject
a button, icon, graphic advertisement, and/or a text link appearing on an
Online Content Provider's web page that, upon being clicked by a user, enables
us to launch a mechanism through which users can post items, links, and content
from that page to both their own member profile and the Site.
In the event that the KartMe Link contains graphic images, trademarks or other proprietary materials of the Company, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the KartMe Link on Online Content Provider's site and solely in the current form provided by the Company. In the event that the KartMe Link is a text link, it must include the word "KartMe" as part of the link. For example, a text KartMe Link could read “Track prices with KartMe”. The rights granted in this paragraph may be revoked by Company at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all KartMe Links from its site.
In order for an Online Content Provider to include a KartMe Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above. For example, the site must not repurpose existing stories (source hops) and/or have any unoriginal content. Without limiting the forgoing, Online Content Provider agrees not to post a KartMe Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Company or its users to any harm or liability of any type. Upon including a KartMe Link, Online Content Provider agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such KartMe Link, any links, content or other items or materials which may be shared or posted through such KartMe Link, or any breach or alleged breach of the foregoing representations and warranties. KartMe is not responsible for actions of traffic referred from KartMe to the Online Content Publisher, whether the traffic is users, crawlers, or other entities.
By including a KartMe Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the KartMe Service in order to link to, stream, excerpt (in whole or in part), summarize, and distribute the excerpt, summary, links and other materials of any kind residing on any web pages on which Online Content Provider places the KartMe Link.
By using the Site or the Service, you are consenting
to have your personal data transferred to and processed in the
You acknowledge that KartMe has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release KartMe from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. KartMe makes no representations concerning any content contained in or accessed through the Site or Services, and KartMe will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Site and the Service may be temporarily unavailable from time to time
for maintenance or other reasons. Data, links, and any information you have
entered or stored on the Site may be lost or deleted permanently, for any
reason. Company assumes no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, user communications. The Company
is not responsible for any technical malfunction or other problems of any
telephone network or service, computer systems, servers or providers, computer
or mobile phone equipment, software, failure of email or players on account of
technical problems or traffic congestion on the Internet or at any Site or
combination thereof, including injury or damage to User's or to any other
person's computer, mobile phone, or other hardware or software, related to or
resulting from using or downloading materials in connection with the Web and/or
in connection with the Service, including any Mobile Client software. Under no
circumstances will the Company be responsible for any loss or damage, including
any loss or damage to any User Content or personal injury or death, resulting
from anyone's use of the Site or the Service, any User Content or Third Party
Applications, Software or Content posted on or through the Site or the Service
or transmitted to Users, or any interactions between users of the Site, whether
online or offline.
13. Limitation on liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
By visiting or using the Site and/or the Service, you agree that the laws of
the State of
KartMe, Save It For Later, Kart, Kart it, Kart this, and other KartMe graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of KartMe in the U.S. and/or other countries. KartMe's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Only images and icons made explicitly available by KartMe for partners and third party sites may used by partner and third party sites in connection with providing appropriate KartMe Links. You may not use any metatags or any other "hidden text" utilizing "KartMe" or any other name, trademark or product or service name of KartMe without our prior written permission.
The look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of KartMe and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.