Website Terms of Use
Welcome to konghq.com, the website of Kong Inc., a Delaware corporation (“Kong”, “we” or “us”). This page explains the terms by which you may use our website, and any sub-sites or related websites operated by Kong that display these terms (“Website”).
By accessing or using the Website you agree to the terms and conditions outlined in these terms of use (“Terms”). If you do not agree to the Terms, please do not use the Website.
Changes to these Terms
Please check these Terms periodically for changes because we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Content, contained on the Website is owned, controlled or licensed by or to Kong, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.
You may display on your device and use information on Kong products and services (such as knowledge base articles, whitepapers and similar materials) made available by Kong on the Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use the information only for your informational purpose, (3) make no modifications to the information, and (4) not make any additional representations or warranties relating to the information.
Software and Services
Your use of any software offered for download on the Website, and your access to and use of any services offered on the Website, are governed by the terms of the applicable end user license or customer or other agreement which accompanies or is included with the software or services. You will not install any software or use any services that are accompanied by or include such an agreement, unless you first agree to the terms of the applicable agreement. SOFTWARE AND SERVICES OFFERED THROUGH THIS WEBSITE ARE WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE AGREEMENT. EXCEPT AS SET FORTH IN THE APPLICABLE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Your Use of the Website
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Kong server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Kong on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kong or others.
Privacy
See Kong’s Privacy Policy.
Submitted Content and Ideas
We may provide the ability for you to upload or share information or other content on or through the Website. All information, data, text, software, music, sound, photos, graphics, videos, messages or other content posted by you (“Submitted Content”) are solely your responsibility. You are entirely responsible for all Submitted Content that you upload, post, email, transmit or otherwise make available. Kong assumes no liability for Submitted Content and you are solely responsible for any liability arising from or related to any Submitted Content you transmit in any manner via the Website.
We do not control the content and do not warrant the nature, accuracy, integrity, or quality of the Submitted Content or that you will not be exposed to offensive, indecent, or objectionable material. By posting Submitted Content, you grant Kong a worldwide non-exclusive, assignable, fully paid, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute and modify the Submitted Content.
You may choose to, or Kong may invite you to, submit comments, suggestions, or ideas about the Website and/or Kong products or services, including how to improve the Website or Kong products or software ("Ideas"). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Kong under any fiduciary or other obligation, and that Kong is free to use the Ideas without any additional compensation to you and to disclose the Ideas. You also agree that Kong does not waive any rights to use similar or related ideas previously known to Kong, developed by its employees, or obtained from other sources.
Interactive Forums
We may host message boards, chat rooms, blogs, and other interactive forums or services (each, a “Forum”) on the Website. Forums are intended to serve as discussion centers. Any user failing to comply with these Terms or the forum rules may be expelled from and refused continued access to Forums. You acknowledge and agree that Forums are public spaces and that your participation in Forums creates no expectation of privacy. Further, you acknowledge that any personal information you communicate in Forums may be seen and used by others. We are not responsible for information that you or others choose to communicate in Forums, or for your actions or the actions of other users. Kong or its designated agents may remove or alter any information or content posted or otherwise disclosed in any Forum at any time for any reason. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
Third Party Sites
The Website may contain links to other web sites operated by third parties ("Third Party Sites"). Third Party Sites are not under our control. We provide these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You hereby release Kong and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with Third Party Sites.
Third Party Content
If you are a copyright owner or an agent of a copyright owner and believe that any content available on or through the Website infringes upon your copyrights, you may submit a notification to: Legal Department, Kong Inc., 150 Spear Street, 16th Floor, San Francisco CA 94105.
Warranty Disclaimers
THE WEBSITE IS PROVIDED FOR YOUR CONVENIENCE, "AS IS" AND "AS AVAILABLE" AND KONG AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST KONG FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Kong reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Kong be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Kong has been advised of the possibility of such damages.
If, notwithstanding these provisions, Kong is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website, Kong’s liability will in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Void Where Prohibited
Kong administers and operates the Website from its headquarters in San Francisco, California USA. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, or offered through or on the Website may be available or appropriate to all persons or in all geographic locations. Kong reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited.
Export Control
By using this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. Kong makes no claim that content contained on this Website is appropriate or may be downloaded outside the United States.
General Terms
These Terms are governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Each party agrees that any claim or cause of action arising under or relating to these Terms will be brought in a court of competent jurisdiction located in San Francisco, California and each party irrevocably consents to and waives all objections to such personal jurisdiction.
These Terms, together with any additional or amended terms with Kong that you agree to by using a product or service available through the Website, or by affirmatively agreeing to the additional terms, are the entire agreement between you and Kong regarding the Website. There are no third-party beneficiaries of these Terms. Any failure by Kong to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Kong's prior written consent. These Terms may be assigned by Kong without restriction. These Terms are binding upon any permitted assignee.
Additional Information for California Residents
The provider of services is Kong Inc., 150 Spear Street, 16th Floor, San Francisco CA 94105. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.