Welcome to Krawler Social Collaboration Network and Personal Internet. Krawler provides this service to you, subject to the following license terms, which incorporates by reference the Krawler Terms of Service ("TOS") each which may be updated by us from time to time without notice to you (collectively this "License").
If you are in a jurisdiction where download or use of this software or service is prohibited, click "Cancel" and do not download or use this software. By checking the box and clicking the "Next" button to download Krawler, and by using and continuing to use Krawler, you agree to be bound by this License which includes the TOS, and represent and warrant that you are permitted to do so under applicable law.
a. Grant of Limited License In consideration for your acceptance of the terms and conditions of this Agreement, Krawler will grant to you a personal, non-transferable and non-exclusive right to use and execute the Software, without right to sublicense or distribute the Software. b. Ownership of Software You acknowledge and agree that Krawler transfers no ownership interest in the Software, in the intellectual property in any Software or in any Software copy, to you under this Agreement or otherwise, and that Krawler reserves all rights not expressly granted to you hereunder.
You acknowledge and understand that Krawler does NOT support any 911 emergency services (no traditional 911 or E911 access to emergency services). You should always have an alternative means of accessing 911 emergency services.
Krawler and any Krawler or third party software, protocols (including but not limited to API protocols) (the "Software"), and services, content, or materials used that are authorized by Krawler (collectively, the "Service") provide users with the capability to see when their friends are online, send and receive instant messages, make internet calls and receive other material and information via the World Wide Web. Where the TOS references the defined term "Service," such terms in the TOS will also apply to the Software and services defined to be the "Service" under this License. By registering and using Krawler, you acknowledge that other users of the Service may elect to receive a notification from the Service when you sign on and may send you instant messages and other information via the Service. Your ability to send and receive instant messages and other information may be blocked by Krawler and by other users, which may partially or wholly limit your ability to use the Service. By using the Service, you agree that Krawler has no responsibility for assessing or resolving any disputes arising from a user's ability to ignore, send messages, or otherwise use the Service.
Krawler reserves the right to charge fees for future use of or access to the Service, or other Krawler services and web sites, in Krawler's sole discretion. If Krawler decides to charge fees, such charges will be disclosed to you prior.
In order to use the Service and those services and products within the Service (for both free and charged services), you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web or enable internet telephony calling, including computers, modems, mobile devices, microphones, headsets, and handsets.
The Service (which includes the Software) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. YOU MAY install and personally use the Software and any updates provided by Krawler (in its sole discretion) in object code form on a personal computer owned or controlled by you and are only permitted to access the Service through the Software, only as authorized in this License. You may use the Software and access the Service for your own noncommercial use or benefit.
YOU MAY NOT and will not allow any third party to: copy, decompile, reverse engineer, reverse assemble, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Software, or any portion thereof, or otherwise attempt to discover any source code or protocols (including but no limited to API protocols) in the Service; obtain or attempt to obtain unauthorized access to the Service or the Krawler network; incorporate the protocols or Software, or any portion thereof, into any other service, software, hardware, or other technology manufactured or distributed by or for you; use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this License; use the Service to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Service is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Krawler is not responsible; sell, lease, loan, distribute, transfer, or sublicense the Service or access thereto or derive income from the use or provision of the Service, whether for direct commercial or monetary gain or otherwise, without Krawler's prior, express, written permission. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995, is provided with the commercial rights and restrictions described herein.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this License. You understand and agree that the Service is provided "AS-IS" and that Krawler assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You also understand that Krawler is not responsible for the security or privacy of communications sent via the Service, including but not limited to where the Service is being accessed via wireless devices. These disclaimers are in addition to the "Disclaimer of Warranties" section in the TOS.
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Krawler, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Software, on the Network or on the Web. Krawler does not control the Content posted to the Network or to the Web by users of the Software, and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Software, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Krawler be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for 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 the Software, through the Network or to the Web.
Krawler does not claim ownership rights in Content that you make available through the Software. For the sole purpose of enabling Krawler to provide and maintain the Network and services we provide, you understand that with respect to Content you make available through the Software, you grant Krawler a world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content. This license exists only for as long as you elect to continue to include such Content on the Network and will terminate at the time you remove or Krawler removes such Content from the Network, though you understand and agree that Krawler may preserve Content on backup media even after it is removed from the Network, and also that information posted to the Web by Krawler on your behalf may be cached by websites outside of Krawler's control.
You acknowledge that Content transmitted on or through the Network
may be protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Krawler respects copyright law and expects
you to do the same. Content identified as belonging to a third party can
be transmitted on the Software so long as you obtain permission first and
the ownership and rights are clearly indicated. Unauthorized copying,
distribution, modification, public display, or public performance of
copyrighted works is an infringement of the copyright holders' rights.
You may not copy, reproduce, distribute, or create derivative works without
being authorized to do so by the copyright holder. It is Krawler's policy
to terminate the accounts of repeat infringers. If you believe that your
work has been copied in a way that constitutes copyright infringement, or
your intellectual property rights have been otherwise violated, please
notify Krawler's agent for notice of claims of copyright or other intellectual
property infringement ("Agent"), at violations@Krawler.com
Please provide our Agent with the following Notice:
Krawler's Agent will forward this information to the alleged infringer
Krawler reserves the right to terminate an account when the Member's expression infringes on other Members' rights. The community may also limit the conduct of Members that the community as a whole finds objectionable. Without limitation, Krawler reserves the right to terminate your access to and use of the Software or Network if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided on the Krawler site from time to time:
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Krawler.
Your registration data and other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://www.krawlerx.com/privacyPolicy.html
Krawler does not claim ownership of the materials you provide to Krawler (except feedback and suggestions on the Service) or post, upload, input or submit to the Service for view by Krawler and other users of the Service (each a Submission and collectively Submissions). No compensation will be paid with respect to the use of your Submission, as provided herein. Krawler is under no obligation to post of use any Submission you may provide and Krawler may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. HOWEVER, PLEASE NOTE THAT ANY SUBMISIONS YOU MAKE TO KRAWLER REGARDING THE SERVICE *EXPLICITLY* ASSIGNS ALL RIGHT IN THE SUBMISION, INCLUDING ANY APPLICABLE COPYRIGHTS, PATENTABLE IDEAS, OR PATENTS, TO KRAWLER. PLEASE DO NOT SUBMIT ANY IDEAS ABOUT THE SERVICE THAT YOU DO NOT WISH TO ASSIGN TO KRAWLER. YOUR RIGHT TO USE THIS SERVICE SERVES AS CONSIDERATION. YOUR USE OF THIS SERVICE SERVES AS ACCEPTANCE OF THESE TERMS
KRAWLER PROVIDES THE SOFTWARE TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT USE OF THE SOFTWARE AND THE NETWORK IS ENTIRELY AT YOUR OWN RISK. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, KRAWLER DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SOFTWARE OR THE NETWORK. TO THE FULLEST EXTENT PERMITTED BY LAW, KRAWLER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SOFTWARE OR NETWORK, OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER. TO THE FULLEST EXTENT PERMITTED BY LAW, KRAWLER DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NETWORK OR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
UNDER NO CIRCUMSTANCES SHALL KRAWLER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF KRAWLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE SOFTWARE OR THE NETWORK OR FOR THE CONDUCT,WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SOFTWARE OR THE NETWORK, FROM INABILITY TO USE THE OF THE SOFTWARE OR THE NETWORK, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,ALTERATION, OR TERMINATION OF THE SOFTWARE OR THE NETWORK. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OF THE SOFTWARE OR THE NETWORK, ANY INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTION, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Krawler, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your use of the Software or from a breach of terms of this Agreement or your representations and warranties. You agree to hold Krawler harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this Agreement.
Recognizing the global nature of the Internet, you agree to comply with all applicable rules regarding use of the Service. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and acknowledge and agree that the Service may not be used, acquired, shipped, transported, exported, or reexported (1) into (or to a national or resident of) any U.S. embargoed country or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. You will not use, export, re-export, or download the Service, or any part thereof, or any process or service that is the direct product of the Service to any country, person, or entity subject to U.S. export restrictions. By using the Service, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Your license to the Software and to access the Service continues until it is terminated by either party. You may terminate this License by discontinuing use of all or any of the Software and by destroying all your copies of the applicable Software. You further agree that Krawler may, under certain circumstances and without prior notice, immediately terminate your Krawler account, any associated email address, and access to the Service or the Krawler network. Cause for such termination shall include, but not be limited to (a) breaches or violations of this License, the TOS, or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; and (f) extended periods of inactivity. Termination of your Krawler account includes (a) removal of access to all offerings within or integrated with the Service; (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof); and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Krawler's sole discretion and that Krawler shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Krawler may provide you with notices, including those regarding changes to this License, by either email, regular mail, or postings on the Service.
Please report any violations of this License or TOS to our support group or email violations@krawlerx.com