KismetCircle.com - You will never be alone in an uncertain world

This KismetCircle.com Website User Agreement ("Agreement") is between you, a prospective KismetCircle.com Member (following admission by GT, a "Member"), and GrieveTogether Ltd. ("GT"), a New York corporation . This Agreement supersedes and replaces all prior KismetCircle.com Website User Agreements. Before you are permitted access as a Member to the KismetCircle.com Website ("Website"), you must first become a Member and complete GT’s on-line registration process. After reading this Agreement, if you agree to all of its terms and conditions, without modification, click on "I ACCEPT". If you do not agree to all of the terms and conditions of this Agreement, you will not become a Member and will not be permitted access to the Website. This Agreement shall have no force or effect until it is accepted in the State of New York by GT and Member is notified on-line of such acceptance. If you are an existing Member, your continued use of the Website is deemed acceptance of this Agreement and existing Member agrees that this Agreement supersedes and replaces all prior KismetCircle.com Website User Agreements. Existing Member agrees that if there any conflicts between the terms and conditions of this Agreement and a prior KismetCircle.com Website User Agreement, the terms and conditions of this Agreement shall control.

KismetCircle.com Website. The Website currently provides the following service: (a) a repository of emergency and other contact information designed to be accessed in the case of an emergency. GT may, from time to time, in its sole discretion and without notice, change the Website or add to or revise any or all aspects of the Website. At any time and without notice, GT in its sole discretion may elect, but is not obligated, to introduce or grant different grades of service, introduce or grant different degrees of access to information , or introduce new features and future versions of the Website which may change functions, limit access to information , and introduce new or revised security restrictions. GT may limit, create different priorities for different Members or update and/or cancel some or all of the functions of the Website at any time and without notice. GT may or may not make any such services, features or changes available to Member, and GT shall incur no liability in connection with any such introduction, grant or change in services or features. Member agrees to bear all risks and hold GT harmless for any and all effects that any of the above changes may have on Member's ability to use the Website for any purpose. By continuing to use the Website after notice of any change is posted on the Website, Member signifies its consent to all such changes, including but not limited to all changes to this Agreement. Member is responsible for all equipment, telephone connectivity and other services necessary to access the Website. GT further reserves the right, in its sole discretion, to modify, supplement, delete, discontinue or remove any file, publication, information, communication or other content appearing on or transmitted through the Website.
License. GT grants to Member a non-exclusive, non-assignable, limited license to use the Website strictly in accordance with all the terms of this Agreement, which license GT may terminate at any time without notice to Member if GT believes a violation of this Agreement has occurred. Only one individual may use the account established by the Member (the "Account") at one time, and a single Account may only be used for the benefit of the Member who registered for that Account.
Disclaimer of Warranties and Limitation of License. GT MAKES NO WARRANTIES OR GUARANTIES AS TO THE AVAILABILITY OR RELIABILITY OF THE WEBSITE OR THE INFORMATION MEMBERS PLACE ON THE WEBSITE. GT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. GT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES REGARDING THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL GT OR ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE WEBSITE OR ANY INFORMATION THEREON, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANALYSIS, OR OTHER LOSS, INCLUDING WITHOUT LIMITATION PERSONAL LOSSES OF ANY KIND) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE FAILURE TO PROVIDE SUPPORT FOR OR RESOLVE ANY SUPPORT ISSUES REGARDING THE WEBSITE, EVEN IF GT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ANY CASE, GT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT YOU HAVE PAID, OR WHICH HAS BEEN PAID ON YOUR BEHALF, DIRECTLY TO GT FOR ACCESS TO THE WEBSITE.
Member Access. GT reserves the right to suspend or terminate Member's access to the Website and to terminate this Agreement without notice to Member, at any time, in the event: (a) Member ceases or fails, for any reason, to meet the definition of a Member, as determined solely by GT; (b) Member fails to honor or is in breach of any term or condition of this Agreement, as determined solely by GT; (e) Member engages in any Prohibited Use of Website (see Section 8 hereof) or any other conduct which, in the sole judgment of GT, compromises or may compromise the value, integrity or viability of the Website or detracts from the reliability or reputation of such service or of the GT name or organization.
Member Access Fees; No Refunds. There is currently a Member Access Fee of $29.95 for a two-year membership to the Website. GT may, in its sole discretion, change such Access Fee for Members at any time by posting notice on the Website of any such Access Fee, the amount of such Access Fee, and the date such Access Fee becomes effective, along with instructions for payment. Member acknowledges and agrees that GT shall not be obligated to refund all or any portion of the Member Access Fee under any circumstances.
Modification of Agreement. This Agreement may be modified by GT at any time, without limitation, by posting notice on the Website of any modifications to the terms or conditions of this Agreement. Unless otherwise specified in the notice, any modifications to the Agreement shall be effective when posted on the Website.
Member's Use of Website. Member agrees that any and all information Member places on the Website shall at all times be:
1. Accurate in all respects to Member's knowledge and belief.
2. Corrected promptly by Member.
3. Lawfully placed on the Website.
4. Accessed, used, and distributed strictly in accordance with all terms of this Agreement.
Prohibited Use of Website. Member agrees to abide by all applicable local, state, federal, and foreign laws, treaties, and rules and regulations in connection with the Website and agrees not to use the Website or any feature, aspect, or data in, a part of, or from the Website to:
1. Post or send any 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;
2. Harvest, collect, gather, or assemble information or data regarding other Members, including e-mail addresses, without their consent;
3. Transmit, upload, post or publish on the Website any unlawful, harassing, libelous, abusive, tortious, defamatory, threatening, harmful, invasive to another's privacy, vulgar, obscene, sexually oriented, pornographic, or otherwise objectionable material of any kind or nature;
4. Transmit, upload, post or publish any material which may infringe upon any intellectual property or other rights of any person including without limitation trademark rights, copyrights, or rights of publication in any form or format;
5. Transmit any material that Member knows or should know contains a software virus or viruses, or other harmful or objectionable computer code, files, program or routine such as Trojan horses, worms, time bombs, cancel bots, or popups;
6. Interfere with or disrupt servers, networks, hardware, software, or Members connected to or using the Website, or violate the licenses, policies, procedures, or regulations of such;
7. Attempt to gain unauthorized access to the Website, other accounts, computer systems, networks, or Members connected to or using the Website, through password mining or any other means;
8. Harass or interfere with another Member's use or enjoyment of the Website or other Member's information or data on the Website;
9. Engage in "scamming", "spoofing", "spamming" or any other objectionable or illegal e-mail activities;
10. Upload, post or otherwise publish on, over or through the Website any copyrighted or proprietary material without the express written authorization of the owner of the copyrighted or proprietary material. When copyrighted or proprietary material is uploaded, posted or otherwise published by Member on the Website, Member agrees to include with such material all notices of copyright or claims of proprietary rights that are required by law;
11. Copy any portion of the Website for any purpose, including, but not limited to, copy any portion of the Website for transmission or use, directly or indirectly, on any computerized electronic exchange other than the Website, excepting only that portion of the information or data on the Website that Member uploaded to the Website through Member's Account;
12. Transfer, rent, lease, grant a security interest in, or otherwise encumber in any way any portion of the Website or any of Member's rights to access or use of the Website, whether through this Agreement or otherwise;
13. Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded;
14. Falsify the origin or source of software or other material contained in a file that is uploaded; or
15. Download any file posted by another Member that Member knows, or reasonably should know, cannot be legally distributed in such manner.
GT reserves the right to refrain from processing and/or to delete from the Website any software, file, information, communication or other material or content that, in the judgment and sole discretion of GT, is inconsistent with or contrary to the prohibitions specified in this Section 8.
Member Responsibilities.
1. Member agrees no other individual or entity, including other Members, shall access the Website through Member's Account. Member agrees it shall be responsible for any and all charges, claims, liabilities, losses, damages, costs and expenses (including reasonable attorney fees) that arise from any unauthorized access to the Website through Member's Account. Member agrees to comply with all applicable laws with respect to use of the Website and with all rules and regulations adopted by GT governing use of the Website. Member is responsible for reading and complying with all rules, regulations, warnings, notices and instructions posted by GT on the Website.
2. Member is responsible for any and all information and data that Member directly or indirectly places on the Website. Member shall indemnify and hold GT and its shareholders, directors, officers, employees, and agents harmless from and against any and all claims that any information or data that Member places directly or indirectly on the Website is inaccurate or incomplete in any respect.
3. Member acknowledges and agrees that all information Member places on the Website is accessible by GT at all times and may be revised by GT to conform to any Website requirement, although GT is under no obligation to reformat any data and shall not be liable to Member or any other person for any information or data or revisions thereto.
4. Member hereby authorizes GT to place cookies and other files on Member's computer hard drive or other storage medium to assist the Website in limiting access to only authorized Members and recording authentication information for the duration, activities, and content of each session of the Member on the Website.
5. Member is responsible for any and all activities that occur under its Account, and must log off and exit from its Account at the end of each session of use. Member shall send GT notice immediately upon being aware or suspicious of any unauthorized use of the Website by any person.
6. In accordance with and within the privacy and other limitations then set forth in the Website, Member authorizes and grants GT full access to any information regarding Member, Member's Account, any information Member places on the Website, all cookies and other information, and the use of any and all information and data on the Website.
7. Member hereby grants GT and its assigns a non-exclusive, unrestricted, perpetual royalty-free license to display, publish, and otherwise use any and all information or data Member places on the Website in connection with providing the service(s) and other uses reflected on the Website and in this Agreement.
8. Member acknowledges and agrees that if GT reasonably suspects that any material information supplied by Member is untrue, inaccurate, not current, or incomplete, GT in its sole and absolute discretion has the right to suspend or terminate Member's access to the Website, and may restore Member's access to the Website after any and all defaults have been cured to GT's satisfaction.
9. Member acknowledges the Website will not be available or accessible during routine scheduled downtime for maintenance.
10. Member acknowledges and agrees that spam and virus filters on the Website may not catch e-mails directed to Member that contain spam or a virus.
11. Member acknowledges that file attachments to e-mails sent by a Member to Member’s contacts shall not exceed [ ]. GT reserves the right, in its sole discretion, to increase or decrease the size of such file attachments.
12. Member acknowledges that although GT has taken and shall continue to take steps to maintain the confidentiality of the information submitted by Member on the Website, GT cannot and does not guarantee that the information Member places on the Website shall remain confidential and inaccessible to other users visiting the Website. Further, Member acknowledges that all information, pictures, analysis, postings, conferences, and other communications by other Members are not endorsed by GT and such communications shall not be considered reviewed, screened, or approved by GT. GT reserves the right for any reason to remove, without notice, any information received from any Member. GT reserves the right to deny, in its sole discretion, any Member access to this Website or any portion thereof without notice.
No Unlawful or Prohibited Use. As a condition of Member's use of the Website, Member warrants that Member will not use the Website for any purpose that is unlawful or prohibited by this Agreement.
Links to Third-Party Sites. The Website may contain hyperlinks to websites operated by parties other than GT. Such hyperlinks are provided for Members' reference only. GT does not control such websites and is not responsible for their content. GT's inclusion of hyperlinks to such websites does not imply any endorsement of the material, products or services on such websites or any association with their operators.
Support. GT does not currently provide on-line technical support for difficulties Member may have accessing the Website or any of its features, but may elect in its sole discretion to provide such support in the future. To the extent GT provides such technical support in the future to Members, such technical support shall not include any aspect of Member's computer hardware, software, configurations, means of gaining access to the Internet, ability to browse the Internet, or ability to access any facet or portion of the Website.
Copyrights and Licenses.
1. GT hereby claims and reserves all rights in copyrights and other rights in and to the Website, including the Website name, front page, Website graphics and all material and content originating with or provided by GT, including any audio or visual advertising materials or other documents accessible through the Website.
2. Except to the extent, if any, permitted by the "fair use" doctrine of copyright law, or as otherwise permitted in this Agreement, Member agrees that wherever a copyright notice or claim is included (i) with or on any content or material or (ii) on any screen display on the Website, that Member will not download, duplicate, forward, distribute, display, perform or otherwise use such content, material or screen display without the express written authorization from the owner of such copyright.
3. Member acknowledges and agrees that only the owner of copyrighted or proprietary material, and those authorized in writing by the owner of such material to do so, may upload copyrighted or proprietary material to the Website. Member agrees that it will not upload copyrighted material to the Website for the purpose of making such copyrighted material available to other Members without the express written authorization to do so from the owner of such copyright. For copyrighted material that Member is authorized to upload to the Website, Member agrees it shall designate the copyrighted nature of such material and the scope of its permitted use. Member acknowledges and agrees that in posting or uploading any copyrighted material, changes to or deletion of author attribution or copyright notice is expressly prohibited.
4. Member agrees software or tools downloaded or otherwise available through access to the Website may not be reverse engineered or otherwise tampered with unless specifically authorized in writing by the owner of the rights in such software or tools.
5. Member may download public domain material from the Website for Member's own use. Member is responsible for and assumes all risks regarding the determination of whether material downloaded from or posted on the Website is in the public domain.
Disclaimer of Warranties and Exclusion of Liability.
1. GT does not endorse or guarantee the accuracy, completeness, truthfulness or reliability of any service, opinion, advice, communication, information or other material or content included on or made available on, over or through the Website. Member hereby waives all claims against GT, including any claims that arise as a result of Member's use of or reliance upon the accuracy, completeness, truthfulness or reliability of any service, opinion, advice, communication, information or other material or content included on or made available on, over or through the Website. Member expressly acknowledges that the provisions of this Section 14 relating to disclaimer of warranties and exclusion of liability shall also apply to any claims relating to access to services, information and other content provided by parties other than GT, and any other content available through the Website. Member agrees it will not hold GT responsible for any selection or retention of, or the acts or omissions of, third parties in connection with the Website.
2. Member expressly acknowledges that the Disclaimer of Warranties and Limitation of License set forth in Section 2 of this Agreement and GT's disclaimer of warranties and exclusion of liability set forth in this Section 14 shall also apply to any claims relating to access to services, information and other content provided by Members or parties other than GT, and any other content available through the Website. Member agrees it will not hold GT responsible for any selection or retention of, or the acts or omissions of, third parties in connection with the Website.
Indemnity. Member agrees to indemnify, defend, and hold harmless GT and its shareholders, directors, officers, employees, and agents from and against any and all claims, suits, proceedings, liabilities, losses, damages, costs and expenses whatsoever, including reasonable outside attorney fees and disbursements, court costs or arbitration costs, arising out of any breach or violation by Member of any term or condition of this Agreement. The obligations of Member to indemnify GT shall survive expiration or termination of this Agreement.
Governing Law. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws principles. The courts of New York shall have exclusive jurisdiction over all disputes relating to this Agreement. Member agrees that venue and jurisdiction for judicial proceedings is proper and shall exist exclusively in Albany, New York.
Entire Agreement. Unless modified as provided in Section 6, this Agreement includes the entire understanding between GT and Member regarding the subject hereof and supersedes all previous agreements between them.
Assignment. This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of GT and Member and their respective successors and assigns, and no other person or legal entity shall acquire or have any rights under or by virtue of this Agreement. This Agreement may be assigned by GT to a corporate affiliate, subsidiary or successor in interest, in GT's sole discretion. This Agreement may not be assigned or otherwise transferred by Member without the prior written consent of GT.
Severability Clause. If any term or condition of this Agreement or application of any such term or condition is held unlawful or invalid, the remainder of this Agreement and the application of such term or condition other than to the extent it is held unlawful or invalid, will not be held unlawful, invalidated, or affected thereby, and shall remain in full force and effect.
No Waiver. A failure by GT or Member to enforce at any time any term or condition of this Agreement shall not be considered a waiver of that party's right thereafter to enforce that same term or condition or any other term or condition of this Agreement.
Headings. The headings contained in this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement.
No Joint Venture. GT and Member agree that this Agreement does not create a joint venture, partnership, employment, or agency relationship as a result of this Agreement or Member's use of the Website. GT and Member expressly understand and agree that each party is acting as an independent contractor unrelated to the other party or its subsidiaries or affiliates.
Force Majeure. The Website contains functionalities and services that allow sending, delivering or receiving information by a Member to other individuals, which may be relayed or carried through GT, public, third parties' or other networks, systems, servers, websites or applications (e.g., telephone and cellular networks, e-mail servers) ("Third Parties' Networks"). The Third Parties' Networks are not controlled by GT in any way and GT shall not be responsible for the performance, availability, functionality, quality or reliability of any of the Third Parties' Networks or the information sent, delivered, relayed, carried or received through the Third Parties' Networks. Notwithstanding anything herein, GT does not warrant or guarantee that the information sent, relayed, carried or delivered through these Third Parties' Networks will reach its destination or its correct address or recipient or that the details of the recipient or sender are correct or accurate. GT shall not be liable for, and shall be excused from, any failure to deliver or perform, or for any delay in delivery or performance, due to causes beyond its reasonable control, after exercising its commercially reasonable efforts to remedy any such failure or delay, including without limitation any government actions, fire, work stoppages, civil disturbances, interruptions of power or communications to GT or any facilities used by or for GT, failure of the Internet, hosting, telecommunications, or other services to GT or facilities used by or for GT, natural disasters, acts of God, or acts of terrorism or war.
Notice. Whenever Member is required by the terms of this Agreement to provide written notice to GT or obtain written permission from GT, it shall be sent via e-mail to info@kismetcircle.com.