TERMS AND CONDITIONS OF USE
Welcome to Kompster! The http://www.kompster.com web site (“kompster.com”) is owned and operated by Pengara LLC, d/b/a Kompster (“Kompster”).
The following Terms and Conditions (“Terms”) govern your use of the Web Site. Please read and review this page carefully. By using this Web Site, you agree to be legally bound by the following Terms; if you do not agree to the Terms, your only recourse is to not use the Web Site.
Kompster reserves the right to modify the Terms at any time. Please visit this regularly page to review the Terms for any updates.
Web Site Visitors
By accessing the Web Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Without limiting the foregoing, minors under the age of 13 are excluded from using this Web Site.
Web Site Content and Links
This Web Site is for informational and entertainment purposes only. Kompster reserves it right to select and edit the content to be included on the Web Site, and it may, in its sole discretion, modify, edit, or otherwise alter the content on the Web Site at any time for any reason whatsoever. Kompster shall not be liable to you or any third party should it exercise its right to modify the Web Site. If you object to any changes to the Web Site, your sole recourse will be to discontinue using the Web Site.
The Web Site posts information about competitions offered and or managed by third parties. It also contains links to other web sites that Kompster does not operate or control. With respect to third party content, Kompster is merely a conduit for this information. You acknowledge and agree that Kompster has little or no control over third party content or the quality of the advertised goods and/or services, and is not responsible for examining or evaluating third party content or services. Kompster does not warrant or endorse any third party products or services.
Kompster does not control third party web sites or the third party content posted to the Web Site, you understand that, by using the Web Site, you may be exposed to content that you find offensive, indecent or objectionable
Should you participate in a competition advertised on this Web Site, your involvement in the competition is between you and individual or entity conducting the competition (including any agreements governing such transaction). Kompster has no control over the competitions advertised on the Web Site or over any third party services or products advertised herein. As such, Kompster makes no representations or warranties with respect to any third party competitions, products, or services.
YOU AGREE THAT KOMPSTER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH TRANSACTION WITH A THIRD PARTY VIA THE WEB SITE.
Without limiting the foregoing, Kompster may, in its sole discretion, pre-screen, refuse, or remove any content that is posted to its Web Site, including content posted by you or third parties.
Kompster grants you a limited, nonexclusive, revocable license to access and make personal use of the Web Site. The aforementioned license includes the ability to share Kompster events via social media sites by clicking the “share” button on the Kompster site.
While visiting this Web Site, you may not:
(a) reproduce, duplicate, edit, revise or publicly display any portion of the Web Site without Kompster’s prior written permission, except as otherwise authorized in these Terms;
(b) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content you post to the Web Site;
(d) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Web Site or monitor or copy the web pages or Content contained thereon;
(e) interfere with or disrupt the Web Site or services or networks connected to the Web Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
(f) use Kompster’s trademarks as keywords, in any meta tags, or in any other hidden text; or
(g) frame the Web Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
In addition to the above, you agree not use the Web Site:
(a) To violate or encourage the violation of any local, state, national, or international law;
(b) For any unlawful purpose;
(c) To stalk, harass, or harm another individual or entity;
(d) To collect or store personal data about other users of the Web Site;
(e) To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(f) To target or harm minors in anyway; or
(g) To post content that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, including the use of offensive or inappropriate usernames, as determined in Kompster’s sole discretion.
If you violate any of the Terms, your license to use this Web Site automatically terminates, and Kompster may terminate or otherwise block your access to this Web Site with or without prior notice to you.
Registration and Password
Should you wish to post a competition, comments, or other content to the Web Site, you must register a username and password with Kompster. Otherwise, registration is optional.
Should you create a user profile, you are responsible for maintaining the confidentiality of your username and password (“Your Profile”). You are responsible for all uses of Your Profile, whether or not authorized by you. You agree to immediately notify Kompster of any unauthorized use of Your Profile.
If you register with Kompster, you agree to provide and maintain accurate and complete registration information. If the information associated with Your Profile is or becomes inaccurate or incomplete or if Kompster has reasonable grounds to suspect that the provided information is inaccurate or incomplete, Kompster has to right to suspend or terminate Your Profile and may terminate your access to the Web Site.
Posting Content to the Web Site
You may submit content, including, but not limited to, information about competitions and events or comments in the Kompster forum or on competition pages (collectively, “Content”), to the Web Site. By submitting Content to Kompster, you grant Kompster a royalty-free, perpetual, irrevocable, nonexclusive, worldwide right and license (with the right to sublicense through multiple tiers) to use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform the Content in any media now known or not currently known, including the right to sublicense or transfer this license. The aforementioned license includes the right for other Kompster users to share information about your competition or event on social media sites.
By sending Your Content to Kompster, it is not obligated nor may you compel Kompster to post it to the Web Site or otherwise use it.
Any and all Content you send to Kompster will be considered non-confidential and Kompster will be entitled to use that Content in any manner it deems appropriate without any compensation or reimbursement to you of any kind.
You are solely responsible for your own communications including any Content you supply. You warrant that the Content will not infringe any other parties’ privacy, publicity, copyrights, trademarks, or other proprietary rights, or contain materials that are obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any party.
In addition to the above, you agree to comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Intellectual Property Rights
By visiting this site, you acknowledge, that the Web Site and its contents, such as text, graphics, images and other material (collectively “Material”), are protected by copyright, trademark, and other United States and foreign laws and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Such materials are either owned, controlled, and/or licensed to Kompster, and Kompster reserves and retains all right, title and interest to the Web Site and the Material therein.
Except for the limited license to use the Web Site, as referenced in these Terms, nothing contained in the Terms or on the Web Site shall be construed as assignment or license of any intellectual property rights contained herein.
Any trademarks displayed on the Web Site are trademarks of Kompster or their respective third party owners and are protected under U.S. and/or international trademark laws. You may not commercially use the trademarks found on this Web Site without the prior written authorization from the appropriate trademark owners.
You may not remove any copyright, trademark and/or other proprietary notices on this Web Site.
If you believe that your copyrighted work is being infringed on the Web Site, please send the following information to Kompster:
(a) Identification of the copyrighted work(s) claimed to have been infringed;
(b) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Kompster to locate the material on the Web Site (e.g., the URL);
(c) Your address, telephone number, and, if available, email address where Kompster can contact you.
(d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
Please also include your electronic or physical signature (or the signature of the owner of the copyright or the person authorized to act on the owner’s behalf) in your notification.
The notification can be sent to:
email: legal at kompster do t com
Kompster reserves the right to terminate access to the Web Site of any user who infringes the proprietary rights of any third party.
Disclaimer of Warranties and Limitation of Liability
EXCEPT AS OTHER PROVIDED HEREIN, THIS WEB SITE AND CONTENT IS PROVIDED BY KOMPSTER IS ON AN “AS IS” BASIS. KOMPSTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE MATERIAL INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE AND THE MATERIAL OR SERVICES ADVERTISED THEREIN IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KOMPSTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KOMPSTER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR THE CONTENT CONTAINED ON THE WEB SITE IS ACCURATE, COMPLETE, WILL OPERATE ERROR-FREE, OR THAT THE AFORESAID ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KOMPSTER, ITS AFFILIATED COMPANIES EMPLOYEES, AGENTS, SHAREHOLDERS, OFFICERS, DIRECTORS, AND PARTNERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KINDS ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IF YOUR USE OF THE WEB SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, KOMPSTER IS NOT RESPONSIBLE FOR THOSE COSTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Kompster, its legal representatives, assigns, partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (1) any information you submit or transmit to or through the Web Site; (2) your use of the Web Site or the content contained or services offered therein; (3) your violation and/or breach of these Terms; or (4) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Web Site.
The laws of the Commonwealth of Pennsylvania will govern these Terms without giving effect to any principles of conflicts of law.
In Kompster’s sole discretion, any claim, dispute, or controversy arising out of the Terms, the Web Site, or the content on the Web Site (“Claims”) shall be resolved by final and binding arbitration before a single arbitrator (“Arbitrator”) selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in Philadelphia, Pennsylvania (USA). The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney’s fees, costs, and disbursements arising out of the arbitration.
Otherwise, you agree to submit to the nonexclusive personal jurisdiction of the courts located within Philadelphia, Pennsylvania, and waive any objection to the laying of venue of any litigation in said courts.
You shall not bring any legal action under this agreement more than one (1) year after the cause of action arose.
The provisions of these Terms are intended to be severable. If, for any reason, any provision of in this document is held invalid or unenforceable in whole or in part in any applicable jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions which shall remain in full force and effect.
No waiver of a provision in these Terms shall be deemed a further or continuing waiver of that provision or any other provisions of the Terms.
Headings used in this agreement are for reference only and shall not affect the meaning of any words or phrases contained in the Terms.
These Terms represent the entire understanding between you and Kompster regarding your relationship with Kompster and supersede any prior statements or representations.
If you have any questions concerning these Terms, please feel free to contact Kompster at legal at kompster do t com.