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.
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 Blogs, follow Authors, upload content, create Klusster Blogs and collaborate with other Users to drive distribution of their content. When a user creates a Klusster Blog, they become the “Blog Manager” for that Klusster Blog. Each Blog Manager has control over who they approve to contribute content into their Klusster Blog and when they choose to publish content into their Klusster Blog.
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.
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 firstname.lastname@example.org.
In order to be a KLUSSTER user, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the account registration process;
- agree to these Terms;
- 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.
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.
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.
9. Pilot Group Blogging Program
The Klusster network is always looking for opportunity to distribute more content. For the foreseeable future, we are testing the GROUP BLOGGING PILOT program to determine the value proposition. This program, in part or in full is subject to change, reduction or dissolution. Features that we are testing include, TEAM ALERTS, GROUP BLOGGING, AUTO NOTIFICATIONS, GROUP BLOG STATS COLLECTION, BLOG APPROVAL & UPDATE APPROVAL Please enjoy the functionality that the program provides you so that Klusster can learn the best ways to help you get more content distributed by partners.
10. Paid Monthly Plans
Although premium content curation is currently of no cost, you may also choose to host content on Klusster for network distribution or for the creation of group power blogs.
We offer 3 plans currently and they are subject to change without notice.
- Guest posting - If you choose to upload and host visible content 1 post at a time, you will pay a fee of $3.99 per post.
- There are no refunds for guest posting.
- Pro Membership - Annual Plan - If you choose to upload and host visible content for a year, your annual fee will be $19.99/year.
- There are no refunds provided for the Pro Annual Membership
- Please note that if you create blogs under this plan, your existing blogs will remain but if you cancel your annual membership for anything other than a lifetime plan, you will no longer be able to add new content of your own to your blog or create new blogs.
- You will however be able to edit existing blogs, and add existing and applicable content to these existing blogs.
- Pro Membership - Lifetime Plan - If you choose to upload and host visible content for life on Klusster, your lifetime membership will be $39.99.
- There are no refunds provided for the Pro Lifetime Membership
- You will be able to use the full features offered at the time of purchase of Klusster for life.
- This may or may not include any new features that are created beyond you acquiring a lifetime membership.
Regardless of your plan, all of your content is expected to adhere to the terms and conditions of Klusster, and at any time, we can deactivate content that we feel is not in line with our policies.
You can choose to upgrade to a greater Pro Membership at any time.
You will have the option to be able to downgrade from an annual membership at any time for the following year and your billing cycle will reflect that.
When you sign up for a Pro Membership Annual Plan, you agree to annual recurring billing, starting on the date you sign up for a paid plan. Billing occurs on the same day each annually, based on the date that you started your annual plan. Payments are due for any year on the same or closest date to the day you made your first monthly payment (the “Pay Date”).
You may choose to stop your annual plan at any time, and move back to the content curation only, FREE plan.
11. Debit and Credit Cards
As long as you’re a Member with an Annual 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 to continue your subscription periodically. If we are unable to contact you for a credit card, your Annual Plan will be canceled automatically after 15 days. You can re-subscribe and your features will be re-installed.
KLUSSTER has structured the plans such that you can grow into them from FREE, to Guest Posting, to Pro Annual Membership, to Lifetime Membership. There are no refunds offered under any plan. Depending on rare 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 guest posting, annual plans, and lifetime 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.
If you are on an annual plan you may be required to pay the new annual fee.
Quoted fees don’t include sales or other transaction-based taxes of any kind.
14. Terms Update
Klusster is a content-sharing platform. The content you host and upload to Klusster may be shared by other Klusster users through social media. When content is shared by other registered users, the content you produce will be co-branded along with the distributor of your content. You will be credited as the author of the content. The sharer of the content will also be credited and can utilize your content to converse with their social audience. On all content shared by other members, the canonical reference will be your original content hosted on Klusster. Klusster may modify the co-branding of shared content at any time to improve, maximize and/or prioritize the distribution of your content.
15. 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:
- you shall not use, sell, modify, or distribute our Content except as permitted by the SITE;
- you shall not create derivative works from our Content or commercially exploit our Content, in whole or in part, in any way;
- you shall use our Content for lawful purposes only. We reserve all other rights.
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.
16. 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 email@example.com.
Rules and Abuse
18. Governing Law
19. 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:
- use this SITE to post, disseminate or transmit unauthorized content, including, but not limited to text, images, advertising, promotional materials, contact information, etc.;
- 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;
- impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity;
- engage in any activities intended to withhold or cloak identity or contact information;
- send harassing and/or threatening messages to others;
- post excessive pieces of content; or
- 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):
- is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
- 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.
- 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.
- infringes or violates any party's copyright, trade-mark, trade secret, patent or other proprietary rights;
- you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or
- 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:
- use the SITE for any illegal purpose, in violation of any applicable laws or regulations;
- publish content that contain links that initiate downloads of copyright-infringing or other illegal material;
- electronically stalk or otherwise electronically harass others; or
- 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:
- 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;
- 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;
- hinder the ability of others to use IRC;
- 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;
- interfere with, disrupt, or harm in any way the servers or networks connected to this SITE or the Third Party Services;
- use this SITE or the Third Party Services to access the accounts of others without permission;
- attempt to penetrate security measures of this SITE, the Third Party Services, or another entity, or obtain or bypass others' passwords; or
- 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:
- 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;
- 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
- 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.
20. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. Please email firstname.lastname@example.org and provide, in as much detail as possible, the series of events or behaviours believed to be in breach of this agreement.
21. 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.
23. 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.
24. 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.
25. 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.
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:
- your content,
- your use of the SITE,
- your violation of any laws or regulations,
- third-party claims that you or someone using your password did something that, if true, would violate any of these Terms,
- any misrepresentations made by you, or
- a breach of any representations or warranties you’ve made to us.
27. Klusster Uses
Any User may create content and host that content in their Klusster Portfolio. Any User may also create a Klusster Blog. The User who creates the Blog is, by doing so, the Blog Manager. The Blog Manager has the authority to approve others Users who wish to contribute content to their Klusster Blog. Eligibility requirements to contribute to a Klusster Blog are determined by the Blog 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 Blog owned/managed by another user. KLUSSTER shall have no liability if a Blog Manager declines your request to contribute your content to their Klusster Blog.
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.
29. 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.
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.
31. 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.
32. 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.
33. 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.
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.
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.
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.
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.
38. 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.