These Terms of Service (“Agreement”) is a legal agreement between you (referred to herein as “you” or “your”) and Super Keen LLC (“we”, “our”, or “us”) for access to and use of our platform at superkeen.studio (the “Platform”), and of other related software or features through our platform (whether accessed directly, through any software application or third party services) (collectively, the “Service”).
This Agreement is legally binding on your access and use of our entire Service. In the event that this Agreement is in conflict with an additional agreement for your access and use of our Service, this additional agreement shall control.
Access and use. Your access and use of our Service is regulated by this Agreement and your continuous access and use in the future is subject to your compliance to the terms and conditions hereunder and, if applicable, to any provisions from an additional agreement for any part of the Service.
Downtime Support. The Service may be not accessible at a given time for a certain period of time that we can perform maintenance work on the Services. We will use commercially reasonable efforts to perform these outside of business hours on Eastern Standard Time. You acknowledge that we do not give a guarantee to continuous and uninterrupted performance of the Service.
Support. In the event that you encounter an error in access or use with the Service, you can reach out to firstname.lastname@example.org during regular business hours. We will reply within a reasonable time. We cannot promise to fix your request support, but promise to use commercially reasonable efforts.
Personal use. The Platform and the Service are provided to you by us for your professional and commercial use.
Platform Content Ownership
Ownership and License of Materials. All materials on our Platform (including, without limitation, text, design, graphics, logos, icons, images, audiovisual clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, interview, portfolio photo, if commissioned or created by us), is our property (including its subsidiaries), our licensors’ or of third parties, such as but not limited to materials on websites linked to by the Platform or materials by other users of the Platform, and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Platform for your personal and non-commercial use. Any other use of material on the Platform, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, information, or software obtained from the Platform, or use of the Platforms for purposes competitive to us, is expressly prohibited.
We, our licensors and third parties, such as but not limited to websites linked to by the Platform or other users of the Platform, retain full and complete title to the material provided on the Platform, including all associated intellectual property rights, and provide this material to you under a license solely for your use of the Services and which is revocable at any time in our sole discretion. We neither warrant nor represent that your use of materials on the Platform will not infringe rights of third parties not affiliated with us.
You may not use contact information provided on the Platform for unauthorized purposes, including marketing.
Trademarks on our Platform. Trademarks, logos, and service marks displayed on the Platform are our registered and unregistered trademarks, or of our subsidiaries, our licensors or content providers, or of other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein.
Third Party Links. Our Platform may contain links to other websites, which may be operated by us or its affiliates or third parties (e.g. Instagram or other portfolio platforms). We are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. A link to another website does not constitute an endorsement of that site, or of any product or service offered on that website, by us or our licensors. If you encounter a link that does not comply with the terms and conditions of this Agreement, you are prompted to immediately inform us.
Representations, Warranties, Disclaimer, Indemnification
Representations and Warranties. You warrant that
you have the full right and power to enter into this agreement and perform any of the actions mentioned throughout our Services;
you comply with the entire Agreement and, if applicable, any additional Agreement;
you comply with all applicable federal, state, and local laws, ordinances, and regulations, as they relate to the Agreement;
you do not undertake any action which infringes third party rights or constitutes a breach of any contractual obligation to a third party, in particular any third party service providers, such as but not limited to social media platforms(i.e. Instagram and LinkedIn);
any and all information you submit or communicate to us through our Services is truthful, not false, misleading, inaccurate, or constitutes a deceptive or fraudulent act;
you omit any action designed to interfere with the proper function of any software, hardware, or equipment of ours, such as but not limited to uploading software viruses, malware, code, or programs; and
none of your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we won’t be liable for any use or disclosure of your Content, and that your Content shall not violate any third-party rights; and
you do not undertake any of the following actions: (a) damage or get unauthorized access to any system, data, password, or other information on; (b) impose an unreasonable load on our infrastructure, or on our third-party providers, whereas we reserve the right to determine what’s reasonable; (c) use any kind of software or device, whether it’s manual or automated, to “crawl” or “spider” any part of the Site; (d) take apart or reverse engineer any aspect of the Service, if applicable in an effort to access things like source code, underlying ideas, or algorithms.
DISCLAIMER. THE PLATFORM AND THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND MADE BEYOND THE TERMS AND CONDITIONS OF THE AGREEMENT.
WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY US; THAT THE PLATFORMS AND THE SERVICE ARE NONINFRINGING; THAT ACCESS TO THE PLATFORM AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE PLATFORM AND THE SERVICE WILL BE SECURE; THAT THE SERVER THAT MAKES THE PLATFORM AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THE PLATFORM, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL WE BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF YOUR OR ANOTHER USERS ACCESS OR USE OF THE WEBSITES OR SERVICE, YOUR USE OF THE WEBSITE, AND SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE INSTRUCT YOU THAT IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Indemnification. Subject to the terms, conditions, express representations and warranties provided in the Agreement, you agree to indemnify, save and hold us harmless from any and all damages, liabilities, costs, losses or expenses (including reasonable attorneys’ fees and costs) which may be incurred as the result of any claim, suit or proceeding brought or threatened against us (each a “Claim”) based on allegations which are inconsistent with any of your representations and warranties made herein, except in the event any such Claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or willful misconduct of us.
Amending this Agreement. This Agreement cannot be modified by you. We may amend this Agreement at any time for the future.
Whole Agreement. This Agreement represents the entire understanding between the parties, superseding all prior agreements between the parties with respect to the subject matter contained herein.
Assignment. Any rights granted hereunder are intended for the benefit of the parties to this Agreement and shall not be exercisable by any person who is not a party to this Agreement. You may not assign this Agreement; we may freely assign this Agreement without your consent and at our discretion.
Jurisdiction. Any dispute under the Agreement, and your relationship with us under the Agreement, shall be governed by the laws of New York without regard to its conflict or choice of laws provisions.
Severability. If any provision in the Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.