Updated May 1, 2017
THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
You represent and warrant that you have the right, authority, and capacity to enter into these Terms and Conditions. You may not access or use the Web Site or Services or accept these Terms and Conditions if you are not of legal age to form a binding contract with Komaci. If you do not agree with the Terms and Conditions, do not access or use the Web Site or Services.
2. SERVICE DESCRIPTION AND USAGE TERMS
Komaci offers a network on the internet ("Komaci Network") which allows users who register with Komaci and become approved as "People Media" by Komaci to incorporate specific advertisement messages ("Advertisements"), in a manner instructed by Komaci as part of advertising programs provided by online advertisers ("Advertisers") on social networking sites and publishing services that are approved by Komaci (each, an "SNS"). As the Advertisements are published, they are displayed alongside the Publisher's other messages. Certain Publishers will be financially rewarded for successful transactions, which originate from a published Advertisement that was previously approved by Komaci, and that complies with the commission guidelines published by Komaci in connection with the rules for the Komaci program for publication of Advertisements (the "Program"). All such payments to Publishers are referred to as "Publisher Payments".
By using the Services as a People Media, you grant us the right to use your name and likeness to promote you on the Services and to be included on lists of representative publishers who use the Service on our Web Site and elsewhere, in any form, media or technology now known or later developed. I waive any right of inspection of my likeness and also waive all rights of privacy and/or publicity that would otherwise preclude Komaci use of my name and likeness for commercial and other purposes.
- People Media Account
If your Account is approved, at Komaci sole discretion, and subject to inventory availability and the needs of the applicable Advertisers, Komaci may contact you regarding the placement of Advertisements, which you may include on your SNS posts in order to earn People Media Payments in accordance with the Program's commission guidelines. Hereafter, "Advertisements", "ad(s)", "CPT ad(s)", CPA ad(s) and any combinations thereof mean Advertisements listed, provided, or made available to you specifically by Komaci. You have the freedom to customize the Advertisement as you see fit, subject to the following restrictions and such other restrictions as notified to you by Komaci:
(a) You may not post an Advertisement more than the number of times the Program dictates you can post to a single SNS account.
(b) You may not post Advertisements anywhere other than an approved SNS.
(c) You may not exceed the minimum time interval between two Advertisements, as specified by the Program.
(d) You may not delete any Advertisements you post to your SNS account.
(e) You may not alter any Advertisement in a way that violates our User Content Guidelines or in a manner not conducive with the spirit of the Advertisement.
(f) You may not post any Advertisement that does not include the required FTC disclosure (i.e. #ad, #advertisement, #sp, #sponsored, or other approved disclosures).
- User Content Guidelines
(a) You may not post messages that are pornographic or sexually explicit in nature for any reason.
(b) Your messages may not include or encourage offensive content such as references to animal abuse, drug abuse, under-age drinking and smoking, bomb making or any other similar reference that reasonably would be considered offensive.
(c) Your messages may not make unauthorized claims about the products or services provided by Advertisers.
(d) Your messages may not be unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, or trade libelous.
(e) You may not post messages that violate any law, regulation (including those related to endorsements and advertisements), or any third party right, including any applicable intellectual property and privacy rights.
(f) You may not send messages meant to harm or insult the Advertiser or Komaci Network.
(g) Your messages will not promote any hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
- Account Review
Your membership is under constant review and if you submit User Content (as defined below) that does not follow our User Content Guidelines or is otherwise in violation of these Terms and Conditions, you acknowledge and agree that Komaci has the right to retain any and all People Media Payments otherwise owed to you. Violation of Komaci rules or any other terms and conditions herein will result in immediate suspension or termination of your Account and membership in the Komaci. Komaci may in its sole discretion and with or without notice, limit or deny access to your Account, the Services, and/or the Web Site for any reason whatsoever. If at any time, for any reason, Komaci determines that your Account is no longer approved, Komaci reserves the right to revoke your membership and terminate your Account.
- Advertisement Restrictions
(a) You may not engage in any "gaming" or "spamming" of the Services, including generating or modifying any data associated with your Account in such a way that it is misleading or fraudulent. You may not create or use technology that undermines or impedes the purposes of the Services. You agree that if Komaci discovers, in its sole discretion, that you have violated this provision, all People Media Payments owed to you may be forfeited.
(b) You may not directly contact any Advertiser.
(c) You will only post Advertisements on an SNS using the SNS account that has been approved by Komaci.
(d) Your SNS account must contain real social conversations, messages, opinions, or news. If your SNS account contains a number of Advertisements deemed unacceptable to Komaci, it will be deemed, in Komaci’s sole discretion, an unapproved SNS account.
Subject to this Section, these Terms and Conditions will remain in full force and effect while you use the Services. You may delete your Account at any time, for any reason, by following the instructions on the Web Site. Komaci may suspend or terminate your Account and access to the Services for any reason in its sole discretion, including for violations of these Terms and Conditions. Upon termination of these Terms and Conditions, your Account and right to access and use the Services will terminate immediately. Komaci may perform automated or manual auditing of Account activities for compliance with these Terms and Conditions. You agree that if Komaci determines in its sole discretion that you have violated these Terms and Conditions in any manner, your People Media Payments may be forfeited, at Komaci’s discretion. You understand and agree that if your Account is terminated for violation of these Terms and Conditions you shall have no right to register for another Account on Komaci. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of these Terms and Conditions, including for termination of your Account or deletion of your User Content. Komaci reserves the right to modify or discontinue any or all of the Program, Web Site, or Services with or without notice to members. Komaci will not be liable to you or any third party for termination of any Service.
- Content Screening
You acknowledge that Komaci may OR MAY NOT pre-screen User Content, but that Komaci and its designees shall have the right (but not the obligation) in their sole discretion to PRE-SCREEN, refuse, or move any User Content that is available in the Komaci Network. Without limiting the foregoing, Komaci and its designees shall have the right to stop any promotion including People Media Payments for any Advertisement it deems a violation of the Terms and Conditions or is otherwise objectionable.
- Payment Terms
People Media Payments, calculated according to the Komaci Platform's then current commission guidelines, are made to your designated account unless another arrangement is agreed upon between you and Komaci. It is your responsibility to ensure that your account is correct and to update your account information as necessary. Payments to your account are subject to account then current payment terms. We will not be responsible for any payments made to the wrong to your account. You will be eligible to withdraw a People Payment only if your available balance exceeds RM 100, your Account is at least 30 days old, and you have not made a withdrawal in the past 30 days. People Media Payments become "available" for withdrawal within 30 days after receipt of payments form the Advertiser. Withdrawal requests are fulfilled on the 1st business day of the next month after the request. So if you make a successful withdrawal request on March 15, you will receive payment on the 1st business day in April. Once you withdraw your People Media Payments, all available funds in your Komaci Account will be deposited in your account and your Komaci fund balance will drop to zero. If you receive a deposit into your account, we will notify you via email that a deposit has been made to your account and the amount of the deposit. We reserve the right to change the RM 100 withdrawal threshold at any time. People Media Payments will be subject to a reduction or transaction fees in funds equal to the fees associated with the transaction.
3. PERSONAL INFORMATION
Komaci is the sole owner of the information collected on the Web Site, and from its licensed software. We will not sell, share, or rent this information except as specifically disclosed herein or for the purpose of providing you and our other users with the Web Site and Services. Komaci collects information from our users at several different points on our Web Site. Komaci may share aggregated and anonymous demographic and statistical information with its business partners. Furthermore, we may need to disclose personally identifiable information when required by law.
4. WEB SITE INTELLECTUAL PROPERTY
- Content and License
The Web Site and the Services includes a combination of content created by us, or provided to us by our suppliers. All of the content, and other information either displayed on, transmitted through, available for download, or otherwise used in connection with the Web Site and the Services, including but not limited to text, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks, and all intellectual property rights contained therein, (collectively, the "Content") is owned by us unless stated otherwise. Subject to the terms of these Terms and Conditions, Komaci grants you a non-transferable, non-exclusive, license to use the Web Site and the Services for your internal business use. Komaci and its suppliers reserve all rights not granted in these Terms and Conditions.
The rights granted to you in these Terms and Conditions are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Web Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Web Site or Services; (c) you shall not access the Web Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Web Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Web Site or Services shall be subject to the terms of these Terms and Conditions. All copyright and other proprietary notices on any Web Site or Services content must be retained on all copies thereof.
- User Content
The Web Site will also include content provided by you ("User Content"). User Content will include your name and likeness You warrant and represent that your User Content provided by you is (1) User Content that you have the right to post upload or provide on the Website without any further permissions from any third parties and the same will not violate any person or entities intellectual property or privacy rights; (2) you grant Komaci a irrevocable, royalty-free and fully paid, worldwide, transferable, non-exclusive license in perpetuity to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display the User Content on the Web Site and Services and to promote, market, and commercially exploit the Website and Services using the User Content without any further permissions and/or to incorporate it in other works, in all cases in any form, media or technology now known or later developed, for any of our business purposes; (3) you acknowledge that other members and third parties may be able to view your User Content and that you consent to such viewing; and (4) User Content will comply with all of the terms herein. You are solely responsible for your User Content. You acknowledge and agree that if you provide User Content to Komaci, such User Content may be used on third party services under the foregoing grant.
If you provide Komaci any feedback or suggestions regarding the Web Site or Services ("Feedback"), you hereby assign to Komaci all rights in the Feedback and agree that Komaci shall have the right to use such Feedback and related information in any manner it deems appropriate. Komaci will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to Komaci any information or ideas that you consider to be confidential or proprietary.
5. WEB SITE AND SERVICE RESTRICTED USES
You represent and warrant that you will not use the Web Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Web Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Web Site or Services, other computer systems or networks connected to or used together with the Web Site or Services, through password mining or other means; (f) harass or interfere with another user's use and enjoyment of the Web Site or Services; (g) use any proxy to pretend you are from a geographic region different from your real location; or (h) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Web Site. You agree that if Komaci finds that you violate any of these restrictions, all of your People Media Payments may be retained by Komaci.
6. THIRD PARTY SITES; OTHER USERS
- Third Party Sites
The Web Site or the Services might contain links to third party websites ("Third Party Sites"). Such Third Party Sites are not under the control of Komaci and Komaci is not responsible for any Third Party Sites. Komaci provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites.
- Other Users
Each Web Site or Services user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Web Site or Service users are solely between you and such user. You agree that Komaci will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Web Site or Service user, we are under no obligation to become involved.
- Third Party Sites
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Web Site or Service users or Third Party Sites.
We specifically disclaim any and all express, statutory, or implied warranties regarding this Web Site, Services, or any content, services or products provided through or in connection with this Web Site, including without limitation warranties of merchantability or fitness for a particular purpose, warranties against infringement, title, quiet enjoyment, and warranties as to the availability, accuracy, completeness or content of any information, products or services available on or through this Web Site. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE Web SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. We specifically disclaim any damage to any User Content or any unauthorized use of User Content; we specifically disclaim any promises or guarantees made by any third parties or other members of the Web Site; we specifically disclaim any guarantee that third parties will need/want any of your ADVERTISING services whatsoever.
WE DO NOT PROMISE OR GUARANTY THAT YOU WILL RECEIVE ANY OFFERS OR PAYMENTS UNDER THE PROGRAM.
8. LIMITATIONS ON DAMAGES
In no event shall Komaci or any of its affiliates, employees, agents, content providers, suppliers, or licensors be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, consequential, special, incidental, exemplary, or punitive damages (including lost savings or profit, lost data, business interruption or attorneys fees) even if notified in advance of such possibility, including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, You agree that we are not liable for any amount exceeding the amounts owed to you for successful ADVERTISING services that comply with the terms and conditions herein. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify, defend and hold harmless Komaci and each of its respective partners, clients, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding (a) any violation of these Terms and Conditions by you, (b) your User Content, or (c) your use of the Web Site or Services. We reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Komaci. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. CHANGES TO THE TERMS AND CONDITIONS
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the new effective date. Your continued use of the Site or Services after any such changes constitutes your acceptance of the revised Terms and Conditions. If you do not agree to abide by these Terms and Conditions or any future revised Terms and Conditions, you may opt out of the Program at any time by sending an email to email@example.com. It is your responsibility to regularly review these Terms and Conditions.
11. WEBSITE REVISIONS
Komaci is not responsible for changes or variations in the layout or content of its Web Site or Services. In the interest of our clients and publishers, Komaci puts forth its best efforts to ensure that all information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Web Site or Services to become outdated without our immediate knowledge. Consequently, Komaci will not be held responsible for product revision changes. Further, Komaci reserves the right to make any changes or revisions to the Web Site or Services with or without notice and reserves the absolute right to determine or restrict any content on the Web Site or Services, including User Content.
12. RESERVATION OF RIGHTS
We reserve the right to modify, suspend, discontinue or restrict the use of any portion of the Web Site or Services, including the availability of any portion of the Content at any time, to anyone for any reason without notice or liability.
All communications with Komaci should be e-mailed to: firstname.lastname@example.org.
In the event that we are required by state or federal law to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
The failure of either party to require performance by the other party of any provision of these Terms and Conditions shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in these Terms and Conditions shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
16. ENTIRE AGREEMENT
These Terms and Conditions, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and Komaci and govern your use of the Web Site and Services, superseding any prior agreements that you may have with us. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. The word including means including without limitation. Your relationship to Komaci is that of an independent contractor, and neither party is an agent or partner of the other. These Terms and Conditions, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Komaci’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms and Conditions shall be binding upon assignees.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms and Conditions shall continue in effect.