Klusster Terms of Service

Last Update: September 1st, 2019

Thank you for using Klusster.

Welcome to the Terms of Service Agreement (the “Agreement” or “User Agreement”) for users and guests of www.klusster.com (hereafter “KLUSSTER” or the “SITE”, also referred to as “we” or “us”). Please read these terms carefully. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and subdomains of KLUSSTER.

1. Definitions

When you register and join KLUSSTER, you become a “User”. If you have chosen not to register for KLUSSTER, you may access certain features as a “Guest.” Guests are able to view content, send direct messages to content owners/authors, and share content through various social and direct channels. Users are able to subscribe to Klusster Publications, follow Authors, upload content, create Klusster Publications and collaborate with other Users to drive distribution of their content. When a user creates a Klusster Publication, they become the “Publication Manager” for that Klusster Publication. Each Publication Manager has control over who they approve to contribute content into their Klusster Publication and when they choose to publish content into their Klusster Publication.

By registering and becoming a user of this SITE, you signify your express consent of these terms of service. If you do not agree to be bound by the terms and conditions of this agreement, do not use or access the SITE.

You must read, agree with and accept all of the terms and conditions contained in this Agreement and our Privacy Policy, before you may become a user of the SITE.

We may amend this Agreement at any time by posting the amended terms on the SITE. This Agreement may not be otherwise amended except in writing. The SITE is owned and operated by Klusster Media Inc., a company incorporated in the Province of Ontario, Canada with registered office in Burlington, Ontario, Canada. KLUSSTER reserves the right, at any time, to modify, alter, or update this User Agreement, and you agree to be bound by such modifications, alterations or updates.

If you have questions about our Terms, please feel free to contact us at privacy@klusster.com.

Account

2. Eligibility

In order to be a KLUSSTER user, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the account registration process;
  3. agree to these Terms;
  4. provide true, complete, and up-to-date contact and billing information (where applicable);

By using KLUSSTER, you represent and warrant that you meet all the requirements listed above, and that you won’t use KLUSSTER in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

KLUSSTER may refuse service, close accounts of any Users, and change eligibility requirements at any time.

3. Term

When you sign up for a user account and agree to these Terms, the Agreement between you and KLUSSTER is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a KLUSSTER account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

4. Account Termination

These terms and conditions of use constitute an agreement that is effective until terminated by KLUSSTER, in its sole discretion, at any time without notice, with or without cause. KLUSSTER may terminate your right to use this site immediately, without notice to you if, in the sole discretion of KLUSSTER, you fail to comply with any of these terms and conditions of use or engage in any fraudulent activity. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your content. Usernames are unique and can only be used once. If your account has been terminated, the username may no longer be available for use on any future accounts and cannot be reclaimed. In the event of termination of an account, you are no longer authorized to access the SITE; and the restrictions imposed on you, the disclaimers and limitations of liabilities set forth in these terms and conditions of use, shall survive the termination of this agreement. These terms and conditions of use constitute the entire agreement between you and KLUSSTER related to this site. If your account is inactive for 24 or more months, we may terminate the account.

If we terminate your account without cause, and your account is a paid account, we will refund a prorated portion of your monthly prepayment for a Monthly Plan. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement.

5. Changes

KLUSSTER may change any of the Terms by posting revised Terms on our SITE. The new Terms will be effective immediately and will apply to any continued or new use of the SITE. We may change the SITE or any features of the SITE at any time, and we may discontinue the SITE, or any features of the SITE at any time. You should check this page for updates regularly. If you continue using our Services after the date changes become effective, this will constitute your acceptance of the new Terms of Services. If you do not accept any of the changes, you should stop using the SITE.

6. Account and Password

KLUSSTER is entitled to act on instructions received under your account and password. You are responsible for keeping your user ID, password, and account information confidential. You alone are liable for anything that happens from your failure to maintain that security and confidentiality. You are responsible for any activity occurring in such account whether or not you authorized that activity. KLUSSTER is not responsible for any transactions or actions performed from your accounts by any other party using your password. You will notify KLUSSTER immediately of any unauthorized access or use of your account. KLUSSTER is not responsible for any losses due if your password is stolen or hacked. KLUSSTER does not have access to your current password. For security reasons, we may only provide you with instruction on how to reset your password.

7. Electronic Communications

As a KLUSSTER user, you expressly consent to receiving communications from KLUSSTER electronically relating to your user account, transactions and KLUSSTER updates and promotions. Notwithstanding the foregoing, you can opt out of any KLUSSTER email services at any time through the “Email Notification Settings” page. When you choose “Unsubscribe” from any KLUSSTER email you receive, you will be taken to the “Email Notification Settings” page (if you are not already logged in, you will be prompted to log in first), where you can select which emails you would like to discontinue. We will communicate with you by email or by posting notices on this SITE. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

8. Account Disputes

KLUSSTER defines who owns an account based on the user information in that account.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login capabilities, to protect the security and privacy of the data held within the account.

Payment

9. Advertisement (Ad) Supported Use of the SITE

KLUSSTER is currently free to use for all Users through the ad-supported model. In this model, sponsored ads will be visible on all Content and Klusster Publication pages. KLUSSTER will receive all revenue generated from any clicks to those ads.

Publication Managers may choose to charge fees for a user to contribute content to their Klusster Publication. The decision to charge a fee and the amount of those fees is at the discretion of the Publication Managers. KLUSSTER is not involved in any dealings or payment between you and a third party. KLUSSTER reserves the right to impose a fee to use the Platform at any time and will provide you with notice of such fees.

You should use common sense in deciding whether to make a payment to a Publication Manager or not. We cannot certify that Publication Managers will handle your payment as they committed to or as you should expect.

10. Paid Monthly Plans

You may choose to upgrade your account from the FREE, ad-supported model, to a monthly paid plan to remove ads from your content.

When you sign up for a paid monthly plan, you are required to self-select your preferred tier based on your required maximum number of monthly ad-FREE clicks, from those posted on our SITE. Each Monthly Plan offers different pricing for different maximum numbers of monthly ad-FREE clicks. Once you select your Monthly Plan, KLUSSTER will never automatically upgrade or downgrade your Monthly Plan. If you exceed your Monthly Plan content click limits, ads will be added back to your content for the remainder of the month, and will be turned off again at the beginning of the following month. You will always have the option to upgrade to a higher tier at any time. If you upgrade during a billing cycle, any unused ad-FREE page clicks will be added to the first month of the new/upgraded billing cycle. Additionally, your billing cycle date will adjust to the date you made the upgrade - your next bill will be one calendar month from the day you made the upgrade. You will also have the option to downgrade to a lower tier at any time. Similar to the upgrade process, any unused ad-FREE page clicks from the current billing cycle will be added to the first month of your new/downgraded billing cycle. Your billing cycle date will adjust to the date you made the downgrade - the next bill will be one calendar month from the day you made the downgrade.

When you sign up for a Monthly Plan, you agree to monthly recurring billing, starting on the date you sign up for a paid plan. Billing occurs on the same day each month, based on the date that you started your Monthly Plan. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”).

You may choose to stop your plan to remove ads from your content at any time, and move back to the ad-supported, FREE plan. If you chose to move back to the ad-supported FREE plan, you will receive the ad-FREE clicks you have purchased for the current month, and ads will be turned back on when these ad-FREE clicks run out OR when the next billing month begins, whichever happens first.

11. Debit and Credit Cards

As long as you’re a Member with a Monthly Plan or otherwise have an outstanding balance with KLUSSTER, you’ll provide us with valid debit or credit card (“card”) information and authorize us to deduct your charges against that card. You’ll replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorized to use that card, and that any and all charges may be billed to that card and won’t be rejected. If we’re unable to process your card order, we’ll try to contact you by email and suspend your ad-suppression until your payment can be processed.

12. Refunds

KLUSSTER will refund a prorated amount based on unused ad-FREE clicks remaining for the current month if we terminate your account without cause. You won’t be entitled to a refund or credit from us under any other circumstances. We may, at our sole discretion, offer a refund, discount or credit.

13. Billing Changes

We may change our fees, including our charges for Monthly Plans, at any time by posting a new pricing structure to our SITE or in your account and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.

Rights

14. Proprietary Rights Owned by Us and by You

All Content that is not owned by you or another User, belongs to us. The proprietary rights of KLUSSTER, including but not limited to trademarks, logos, trade secrets, copyrights and service marks that you see on this SITE are registered and unregistered marks of KLUSSTER or its subsidiaries, or third parties who have licensed the use of such marks to KLUSSTER. Nothing in this SITE grants any licence or right to use any marks displayed on this SITE without the written permission of the owner of the mark. Your misuse of the marks displayed on this SITE or any other content on this SITE is strictly prohibited. We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use our Content, without the right to sublicense, under the following conditions:

  1. you shall not use, sell, modify, or distribute our Content except as permitted by the SITE;
  2. you shall not create derivative works from our Content or commercially exploit our Content, in whole or in part, in any way;
  3. you shall use our Content for lawful purposes only. We reserve all other rights.

You represent and warrant that you either own or have permission to use all materials you upload to this SITE, including, without limitation, text, data, information, images, illustrations, audio clips, video clips, special games, surveys and special promotions, (including your personal information and the personal information of others). You retain ownership of the materials that you upload to the SITE. You are solely responsible and liable for your Content. You agree that you and your Content shall not violate the rights of any third party; and that you will indemnify, defend, release, and hold us harmless from any claims made regarding your Content. We may use or disclose your material only as described in these Terms and our Privacy Policy. If KLUSSTER uses your material, it will remain in its original form as it was uploaded to the SITE and will include full credit to the user/owner of the content.

All materials on this site, including, without limitation, text, data, information, images, illustrations, audio clips, video clips, special games, surveys and special promotions, are protected by intellectual property rights owned and controlled either by the copyright owner or the content creator (ie. the User who uploads the content, or KLUSSTER or its subsidiaries for any content that is not uploaded by a KLUSSTER user).

Material from the SITE may not be copied or reproduced in any way except by the owner of the content or with express consent from the owner as described above. KLUSSTER is a public platform. Therefore all of the content that you “Publish” can be seen by anyone, and can be found by anyone through search engines external to the SITE, and through the KLUSSTER search tool. Any content that has an “Unpublished” status on the SITE will only visible to the user who created the content, and can be published by that user at any time. Material from the SITE may be shared and distributed, in its original form, through multiple channels by other users and guests of the SITE.

KLUSSTER makes no representation that materials/content uploaded and owned by users of the SITE are appropriate or available. It is the responsibility of each “reader” to verify the content and its claims or offers.

15. Interactions With Other Users

While we hope all KLUSSTER users will be upfront, honest, and act with integrity, we do not control and aren’t responsible for their actions. We are not a party to any offline arrangements made through the SITE. We do not interview, run background checks on Users, and we do not verify the accuracy of statements made by Users. We are not a party to transactions or disputes between Users.

If you have a concern regarding another Users, you can report it to privacy@klusster.com.

16. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy and for information regarding how we collect, use, and disclose your content and personal information and protect your privacy when you use KLUSSTER.

Rules and Abuse

17. Governing Law

This agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario and Canada without giving effect to any principles of conflicts of law. You agree to bring any claims against KLUSSTER exclusively in the courts of Ontario. If any provision of these terms of use proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.

18. Compliance with Laws

If you violate any of the rules below, we may suspend or terminate your account.

You agree that your use of the site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.

You will not:

  1. use this SITE to post, disseminate or transmit unauthorized content, including, but not limited to text, images, advertising, promotional materials, contact information, etc.;
  2. omit, delete, forge or misrepresent information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers in order to disguise the origin of any content;
  3. impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity;
  4. engage in any activities intended to withhold or cloak identity or contact information;
  5. send harassing and/or threatening messages to others;
  6. post excessive pieces of content; or
  7. engage in “flooding”, i.e., Internet Control Message Protocol (ICMP) flooding and mail bombing (sending large amounts of email/messages repeatedly to the same user account).

You agree that you are responsible for your own content and communications and that you will not upload, disseminate or transmit any content on or through this SITE that (at our sole discretion):

  1. is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
  2. is a threat of physical harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to, or violence against others.
  3. is hateful content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
  4. infringes or violates any party's copyright, trade-mark, trade secret, patent or other proprietary rights;
  5. you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or
  6. contains personally identifiable information not belonging to you including personal information belonging to minors.

To the extent that the following activities are prohibited by applicable law, in using this SITE you will not:

  1. use the SITE for any illegal purpose, in violation of any applicable laws or regulations;
  2. publish content that contain links that initiate downloads of copyright-infringing or other illegal material;
  3. electronically stalk or otherwise electronically harass others; or
  4. engage in any Internet activities that would violate the privacy rights of others, including but not limited to, collecting, using and disclosing information about users without their permission, except as permitted by applicable law.

To the extent that any of the following activities materially interfere with this SITE or the network and systems of a Company service provider ("Third Party Services"), you will not:

  1. post, disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs on this SITE or the Third Party Services;
  2. use Internet Relay Chat (IRC) bots or other programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day;
  3. hinder the ability of others to use IRC;
  4. disrupt the normal flow on this SITE or the Third Party Services or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  5. interfere with, disrupt, or harm in any way the servers or networks connected to this SITE or the Third Party Services;
  6. use this SITE or the Third Party Services to access the accounts of others without permission;
  7. attempt to penetrate security measures of this SITE, the Third Party Services, or another entity, or obtain or bypass others' passwords; or
  8. engage in denial of service attacks, or take actions designed to impair network access by flooding a site or the Internet with useless traffic.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

  1. an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful content or A Threat of Physical Harm;
  2. a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful content or A Threat of Physical Harm; or
  3. a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful content or A Threat of Physical Harm.

As stated in section 5, you acknowledge and agree that you are solely responsible for your account and the security of your password relating to such account and any activity occurring in such account. In addition, you will promptly advise KLUSSTER of any unauthorized use of your password.

19. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. Please email privacy@klusster.com and provide, in as much detail as possible, the series of events or behaviours believed to be in breach of this agreement.

20. Our Obligations

KLUSSTER may be required by law to disclose information you have provided in obtaining our products or services. KLUSSTER may also disclose information against someone who poses a threat to KLUSSTER’s interests (such as customer fraud) or whose activities could bring harm to others. In addition, it may be necessary for KLUSSTER to provide customer information to third parties, such as debit or credit card companies, for the purpose of resolving disputes that arise in the normal course of business.

21. Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We understand clearly that you and your information are one of our most important assets. We store and process your information on computers located in Canada and the United States of America that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at www.klusster.com/privacy. If you object to your Information being transferred or used in this way, please do not use our services.

22. Other Content, Sites and Apps

As either a User or Guest of KLUSSTER, your use of content and information owned by any User and posted on KLUSSTER is at your own risk.

Users may offer their own products and services through our SITE, and we aren’t responsible for those third-party activities.

By using KLUSSTER, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. KLUSSTER generally does not review content provided by our Users or others. You agree that we are not responsible for others’ (including other Users’) content or information. We cannot always prevent this misuse of our SITE, and you agree that we are not responsible for any such misuse.

You are responsible for deciding if you want to access or use third-party apps or sites that link from KLUSSTER. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, KLUSSTER is not responsible for these other sites and apps – use these at your own risk.

Liability

23. Liability Limit

In no event shall KLUSSTER, our subsidiaries, officers, directors, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services of this agreement, however arising, including negligence.

Neither KLUSSTER, its parent, nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided on the KLUSSTER SITE or from the use of, or the inability to use KLUSSTER materials. You specifically agree that KLUSSTER is NOT liable for any defamatory, offensive, or illegal conduct of any user.

If you are dissatisfied with the KLUSSTER SITE or any materials on the site, or with any of KLUSSTER’S terms and conditions of use, your sole and exclusive remedy is to discontinue using the KLUSSTER SITE.

24. No Warranty

We, our subsidiaries, officers, directors, employees and our suppliers provide our web site and services “AS IS” and without any warranty or condition, express, implied or statutory. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.

25. Indemnity

You agree to indemnify KLUSSTER and (as applicable) our parent, subsidiaries, affiliated companies, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from:

  1. your content,
  2. your use of the SITE,
  3. your violation of any laws or regulations,
  4. third-party claims that you or someone using your password did something that, if true, would violate any of these Terms,
  5. any misrepresentations made by you, or
  6. a breach of any representations or warranties you’ve made to us.

26. Klusster Uses

Any User may create content and host that content in their Klusster Portfolio. Any User may also create a Klusster Publication. The User who creates the Publication is, by doing so, the Publication Manager. The Publication Manager has the authority to approve others Users who wish to contribute content to their Klusster Publication. Eligibility requirements to contribute to a Klusster Publication are determined by the Publication Manager. KLUSSTER is not liable for the decisions of any other users. You acknowledge and agree that you may not be approved to contribute to a Klusster Publication owned/managed by another user. KLUSSTER shall have no liability if a Publication Manager declines your request to contribute your content to their Klusster Publication.

27. Disclaimer

KLUSSTER and our Team aren’t responsible for the behavior of any third parties, linked websites, or other users. The materials in the KLUSSTER site are provided “as is” and without warranties of any kind either express or implied, unless otherwise specifically noted herein. To the fullest extent permissible pursuant to applicable law, KLUSSTER disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, with respect to the KLUSSTER site and any web site with which the KLUSSTER site is linked. KLUSSTER does not warrant the functions, information or links contained on these sites or that their contents will meet your requirements, that these sites or their contents are fit for any particular purpose or that the operations of the KLUSSTER network or its contents will be uninterrupted or error-free, or that these sites or the server that makes them available are free of viruses, worms or other harmful components. Without limitation, KLUSSTER makes no representations and warranties, express or implied, with respect to any specific merchandise or service that will be available for or obtained by users through the redemption of coupons or other posted promotions.

28. Linked Sites

Some links on the KLUSSTER SITE let you leave the KLUSSTER web site. The linked sites are not under the control of KLUSSTER and KLUSSTER is not responsible for the content of any linked site or any link contained in a linked site. KLUSSTER is providing these links to you only as a convenience, and the inclusion of any links does not imply endorsement by KLUSSTER of the linked site.

29. Viruses

While every effort is made to ensure that all information provided at the site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.

30. No Agency

You and KLUSSTER are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

31. Changes to These Terms and Conditions of Use

KLUSSTER reserves the right to change the above Terms and Conditions of Use without notice. Any changes will be posted on our SITE. Because we have many Users, we can’t change these Terms for any one User or group.

Other Terms

32. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the SITE, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

33. Severability

If a section of these Terms is not enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

34. Interpretation

Headers are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.

35. Waiver

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

36. Survivability

If this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us and by You, Compliance with Laws, Liability Limit, No Warranty, Indemnity, Governing Law, Severability, and Entire Agreement.

37. Entire Agreement

These Terms make up the entire agreement between us in relation to its subject matter and supersedes all prior agreements, representations, and understandings.