Votigo, Inc. ("Votigo") is pleased to give you access to Koala Website Builder, www.koalasite.com. Your use of this site (the "Site") is subject to the binding legal agreement set forth below ("Terms"). You understand we may update these Terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new features or updated Site that we put on the Site will be subject to these Terms.
BY USING THE SITE, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SITE FOR ANY PURPOSE.
How You Can Use the Site
You may use the Site for your personal, non-commercial use. You may also use the site if you represent a commercial entity that is utilizing the site's web builder functionality. You may make a single copy of the individual screens you see when you use the Site, but only for your personal, non-commercial use, or in the case of an authorized business user, for such limited reasonable uses as contemplated here.
Every month we'll bill your credit card the fee stated at the time of purchase. As soon as you've successfully completed this sign-up process and your payment is confirmed, your membership will begin.
We'll renew your monthly subscription automatically, unless you cancel. The price is subject to change, but we will always notify you beforehand.
For any month for which you have already paid, for which you downgrade your subscription, except as otherwise provided in this Agreement, you will not receive a refund, but will continue to have access at the then current level until your next Pay Date
We are required to provide a refund only if we terminate our Services to you without cause before the end of a month for which you have paid. There is no other circumstance in which you will be entitled to a refund from us.
Term, Termination and Removal
Either party may terminate the Term of this Agreement at any time for any reason by providing Notice to the other party. We may suspend our Services to you at any time with or without cause. We will refund a pro rata portion of your subscription prepayment if we terminate you without cause. Once terminated, we may remove any of your campaigns or other related data and files from our Website and any other storage. Additionally, if you do not log in to your account for 12 or more months, we may deem your account "inactive" and permanently delete your account and all data associated with it.
Submissions to the Site / Content
On some parts of our Site, you may be allowed to post or link to content or provide comments for others to see (such material is referred to herein as "Content"). If you post, link to or contribute Content, you guarantee, represent and warrant to us that:
You have legal rights to post, contribute or link to such Content and it will not violate any law or the rights of any person;
While you or the rightful owner of the Content retain all of ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of the Site;
You are entirely responsible for all Content you upload, post, e-mail, transmit or otherwise make available by and/or through the Site;
You have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms; and
For all Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user on our, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using our Site; and we do not screen, monitor, edit or review Content before it appears on our Site. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve our Site. We can also suspend or terminate use of the Site by anyone who does not follow these Terms. Nevertheless, because we do not prescreen Content, you understand that by using our Site, you may be exposed to Content that is offensive or objectionable.
No License Granted
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Votigo. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SITE OR ANY OTHER VOTIGO PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
This Site is owned by Votigo, Inc. and/or its licensees and protected by applicable law, with all rights reserved. Votigo takes the protection of intellectual property rights, including copyrights, very seriously. Votigo will terminate your access to, or use of, the Site and/or the Site, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Votigo if they have a good-faith belief that their protected works are being infringed. Votigo will respond to all such notifications that are sent to:
Attn: Copyright Disputes
251 Lafayette Circle, Suite #330
Lafayette, CA 94549
To be effective, the notification must be a written communication that includes:
A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
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 the Website provider to locate the material;
Information reasonably sufficient to permit the Website provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification, Votigo shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After Votigo removes or disables access to such material, if such material was posted by a user of the Site, Votigo will notify the party that posted the material of its action. Such party may then provide Votigo's designated agent proper "counter-notification" stating his, her or its authority to post the allegedly infringing material, which Votigo will forward to the alleged copyright owner. Votigo will inform the alleged copyright owner that Votigo will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to Votigo 's designated agent stating that it has filed suit against the alleged infringer.
An effective counter-notification must be sent to Votigo's designated agent, whose name and address are listed above. The notice must include the following information:
The counter-notifying party's physical or electronic signature;
Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
The counter-notifying party's name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where Votigo is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided Votigo with notification or an agent of such a person.
Koala Website Builder is a trademark of Votigo, Inc. Other trademarks are the property of their respective owners.
Some parts of the Site may contain mature or adult content intended for people who are at least 18 years old. If you view this adult content, we understand that you are telling us that you are at least 18 years old and that the material you are viewing is acceptable to you. Parental control protections (such as computer hardware, software or filtering Site) are commercially available that may assist parents in limiting access to content that may be harmful to minors.
The safety of children is very important to us. Votigo intends for the Site to be a general audience Site that complies with the Children's Online Privacy Protection Act. When a child under age 13 attempts to register with Votigo, we ask that they have a parent or guardian establish an account. This is to ensure that the parent or guardian consents to the collection and use of personally identifying information from that child.
If a parent wishes to refuse to permit further collection or use of their child's information by Votigo, that parent can use our contact form
. to request deletion of their child's account.
We strive to create a truly safe place for children on the Internet and over the airwaves. Parental control protections (such as computer hardware, software or filtering Site) are commercially available that may assist parents in limiting access to content that may be harmful to minors.
Third Party Sites
Conduct of Registered Users and Visitors
We believe that all users and visitors benefit from basic rules regarding conduct while using any of the comments or discussion area of the Site if offered, so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Site:
(1) You will follow these Terms and all applicable laws;
(2) You will never give your password to anyone (no Votigo employee will ever ask for it) and you will not provide your billing or credit information;
(3) You will not harass, threaten or abuse other people when using the Site in any manner;
(4) You will not interfere with others' use of the Site or act in a way that negatively affects other users' enjoyment of the Site;
(5) You will not upload, post, e- or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
(6) You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
(7) You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
(8) You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Votigo; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
(9) You will not use the Site to harm minors in any way, or encourage interactions with minors of a sexual nature;
(10) You will not manipulate the Site so as to hide your identity or participation in the Site (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);
(11) You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Site, users' ability to enjoy the Site, or the proper functioning of any software, hardware or equipment or materials used in connection with the Site; and
(12) You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Site
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Site without giving you any notice. In the event that your Website is terminated, you will immediately lose access to any information that may be on the system. YOU UNDERSTAND THAT VOTIGO IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SITE FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THE SITE AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD VOTIGO AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS' FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SITE, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THE SITE, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY DOWNLOAD FROM THE SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT VOTIGO MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT VOTIGO DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, VOTIGO DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VOTIGO OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SITE, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR THE SITE, EVEN IF VOTIGO HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Access Restrictions; Termination
We can terminate your access to the Site or the Site at any time. We may also remove any Content that you post without cause and without notice to you.
We can also change these Terms at any time, and your continued use of the Site after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Site. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SITE IN ANY MANNER FOR ANY PURPOSE.
These Terms are the entire agreement between you and Votigo. They supersede any and all prior or contemporaneous agreements between you and Votigo relating to your use of the Site. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Votigo for any violation of Votigo's proprietary or other rights, any and all disputes relating to these Terms, your use of the Site be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be San Francisco, California, USA. You can direct any questions concerning these Terms by using our contact form
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto 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 Nevada (excluding choice of law).