Terms of Service

Effective March 29 2017

These Terms of Service ("Terms") govern your access to and use of the Cerkl®, a division of Super Awesome Media, LLC., website and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on Cerkl (collectively referred to as "Content"). Your access to and use of Cerkl is conditioned on your acceptance of and compliance with these Terms. By accessing or using Cerkl you agree to be bound by these Terms.

Basic Terms

You are responsible for your use of Cerkl, for any Content you post to Cerkl and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of Cerkl and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use Cerkl only if you can form a binding contract with Cerkl and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use Cerkl only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Cerkl provides services which are always evolving and the form and nature of Cerkl may change from time to time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Cerkl may include advertisements, which may be targeted to the Content or information on Cerkl, queries made through Cerkl, or other information. In consideration for granting you access to and use of Cerkl, you agree that Cerkl and its third party providers and partners may place such advertising on Cerkl or in connection with the display of Content or information from Cerkl whether submitted by you or others.

Cerkl is a registered trademark of Super Awesome Media, LLC.

Privacy

Any information that you provide to Cerkl is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of Cerkl you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Cerkl. As part of providing you Cerkl, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of Cerkl and your Cerkl account, which you may not be able to opt-out from receiving.

Passwords

You are responsible for safeguarding the password that you use to access Cerkl and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Cerkl cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Content on Cerkl

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via Cerkl and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via Cerkl or obtained by you through Cerkl is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via Cerkl or endorse any opinions expressed via Cerkl. You understand that by using Cerkl, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Cerkl be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Cerkl or broadcast elsewhere.

Your Rights

You retain your rights to any Content you submit, post or display on or through Cerkl. By submitting, posting or displaying Content on or through Cerkl, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Cerkl to make such Content available to other companies, organizations or individuals who partner with Cerkl for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by Cerkl, or other companies, organizations or individuals who partner with Cerkl, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through Cerkl.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of Cerkl, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Cerkl will not be responsible or liable for any use of your Content by Cerkl in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Cerkl gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Cerkl as part of Cerkl. This license is for the sole purpose of enabling you to use and enjoy the benefit of Cerkl as provided by Cerkl, in the manner permitted by these Terms.

Cerkl Rights

All right, title, and interest in and to Cerkl (excluding Content provided by users) are and will remain the exclusive property of Cerkl and its licensors. Cerkl are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Cerkl name or any of the Cerkl trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Cerkl, or Cerkl is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions on Content and Use of Cerkl

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on Cerkl and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Cerkl, its users and the public.

You may not do any of the following while accessing or using Cerkl: (i) access, tamper with, or use non-public areas of Cerkl, Cerkl's computer systems, or the technical delivery systems of Cerkl's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search Cerkl by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Cerkl (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Cerkl (NOTE: crawling Cerkl is permissible if done in accordance with the provisions of the robots.txt file, however, scraping Cerkl without the prior consent of Cerkl is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Cerkl to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing Cerkl, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on Cerkl.

Copyright Policy

Cerkl respects the intellectual property rights of others and expects users of Cerkl to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Cerkl will also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on Cerkl is:
feedback@cerkl.com

Cerkl is Available "AS-IS"

Your access to and use of Cerkl or any Content is at your own risk. You understand and agree that Cerkl is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, Cerkl AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of Cerkl or any content thereon. Cerkl will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of Cerkl, or any Content. You also agree that Cerkl has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by Cerkl. We make no warranty that Cerkl will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Cerkl or through Cerkl, will create any warranty not expressly made herein.

Links

Cerkl may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Cerkl of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPER AWESOME MEDIA, LLC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE Cerkl; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON Cerkl, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM Cerkl; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Cerkl HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of Cerkl to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Ohio without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with Cerkl will be brought solely in Hamilton County, Ohio, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Ohio (excluding choice of law).

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between Super Awesome Media, LLC. and you regarding Cerkl (excluding any services for which you have a separate agreement with Cerkl that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Super Awesome Media, LLC. and you regarding Cerkl. Other than members of the group of companies of which Cerkl is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at Cerkl.com/about/terms.php. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use Cerkl after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact us.