Terms of Service
WELCOME TO KBUCKETS
Kbucket is a search site based on other peoples bookmarks. The Kbucket site is owned and operated by Optimal Access Inc.
Each Kbucket page is authored by a registered Kbucket Author (Kauthor) using the Optimal Desktop browser (Authoring tool). Each Kauthor will register with the Kbucket.com site and receive a web-space to upload one or more Kbuckets.
The Kbucket pages are meant to offer links to related topics on one page. Each Kbucket page offers a set of master groups - Cabinet Tabs (The top tab group) and Sub groups or Drawer Tabs for organizing topic or subject oriented links on one page. For example a Web 2.0 Kbucket page can contain links to “Social Bookmarking”, “Social Networking”, “Gadget” and “Blog sites”.
Kauthors will be aggregating, organizing, commenting and tagging each link. The grouping and tagging will make it easier for users to find the information they need.
1. YES, I AGREE!
Read these Terms and Conditions of Use carefully before using or accessing this Kbucket website (this “Site”) or any materials contained in or linked to this Site.
By using this Site and/or causing the use of this Site through electronic or other means, you signify your acknowledgment that you have read and accepted these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you may not access or otherwise use this site or any part of this Site.
Optimal Access Inc. reserves the right to update or revise these terms and conditions; please check these terms and conditions periodically to review any changes. Your continued use of this Site following the posting of any changes to these terms and conditions constitutes acceptance of those changes.
These Terms and Conditions apply to anyone who uses Kbucket, from our Members and Kauthors, to people stopping by and using the social tools featured on Kbucket pages (ie, the free, single pages set up by our Kauthors) , and constitute a binding contract (“Agreement”) by and between Optimal Access Inc. and you.
If you're signing up just to rate Kbuckets, vote on them, these terms will, by design, cover a lot more than you might need! Then, when you're ready to become a Kauthor (just build your first Kbucket to get started) these terms will continue to apply to you and any content that you put into your Kbuckets.
Please read this Agreement carefully. By using this Site and/or causing the use of this Site through electronic or other means, you signify that you accept this Agreement and that you:
We're in this together; the more you give, the more you get; and to protect our Kauthors and the web at large against spammers or other abuse, we've laid out clear guidelines. Our goal is to treat every Member and Kauthors fairly and with respect, and to make sure this community is a fun, engaging, diverse, positive place. Please let us know how we can do better, drop us a note with your suggestions here.
acknowledge that Optimal Access Inc. specifically disclaims any liability, loss, damage or risk incurred as a consequence, directly or indirectly, of the Site;
agree that your use of the Site is governed by this Agreement, as amended from time to time; and
you will only use the materials contained in or accessible through the Site for personal, noncommercial and informational purposes, or, if your use or access is professional in nature, pursuant to the terms and conditions of any separate license agreement between you or your employer and Optimal Access Inc..
2. THE BIG PICTURE: Description of Service
Optimal Access makes available a collection of resources to registered account holders (Members and Kbucket Authors), including hosting services (the “Service”) for our (“Kbucket Authors”) who wish to create their own customized “Kbuckets” on our site. A web surfer can quickly explore Kbuckets on topics of interest, allowing him or her to quickly find thoughtful, personal, and handbuilt collections of links to relevant online content.
If a user fails to follow these rules below, Optimal Access Inc. can discontinue their ability to use the Service entirely. In addition, we have the right to delete your account and corresponding Kbuckets’ without notice if we see evidence of clear abuse or other inappropriate activity.
Registering: You agree that you are at least 18 years of age on the date that you registered with Kbucket, or that you have a parent who has written a note to us here to proxy for your participation in the site. If any information that you provide during registration is not accurate (or if Optimal Access Inc. has reasonable grounds to believe so), then as detailed further below under “Termination,” Optimal Access Inc. has the right to suspend or terminate your account and refuse to grant you further access to the Service.
You will be responsible for any activities that take place under your name and password, or that take place on or via any of your Kbuckets. If you become aware of any unauthorized use of your password or account, or any other breach of security, please cancel your Kbucket immediately. It is up to you to maintain the confidentiality of your password and account. Optimal Access Inc. is not liable for any loss or damage arising from your failure to comply with the provisions of these Terms.
Privacy: You also understand and agree that as part of the Service, you may receive certain communications from Optimal Access Inc., such as account creation confirmations, royalty statements, service announcements, administrative messages and any of the opt-in Kbucket newsletters. You will be able to opt out of most of these communications, but not others (such as ones concerning your account and your royalties).We are not in the habit of spamming you with message so expect minimum communication from us. If you don’t want to receive ANY messages from us, ever, you will need to cancel your account. Sorry.
And, of course, Optimal Access Inc. promises to never ever rent or sell your personal information, and you will never receive email from a third party as a result of your relationship with us, unless we explicitly ask and you explicitly opt in to do so.
When becoming a Kauthor, you have the ability to turn ON a feature called "contact the Kauthor"--this function allows people to send emails to you, without seeing your email address. The feature starts turned off, to protect you. You have the right to be contacted by readers with questions or comments. You also have the right not to. It's up to you to manage any email you get from your readers; Optimal Access Inc. cannot mediate email disputes that happen in your personal inbox.
3. THE RULES
Here are the general rules. Please remember that Optimal Access Inc. reserves the right to cancel your account if we suspect that you're spamming, sharing illegal content, abusing or maligning another community member or individual, or any other activities that don't fit the spirit of the site. We promise not to do this without fair cause. By following the below rules, we're betting you'll be just fine.
You are solely responsible for your conduct and any data, text, information, screen names, links, graphics, photos, profiles, and links (“Content”) that you submit, post and display in your Kbucket or via the Service.
You cannot Spam. Meet our Zero Tolerance Policy: You cannot modify, adapt or hack the Kbucket website, your own Kbuckets, or anyone else's Kbucket. You also cannot use your Kbuckets or our platform to spam or attack others online, on the site or off. This includes such behavior as automatically redirecting traffic from your Kbuckets to other pages, introducing viruses to the site, spamming bloggers, email spam to Kbucket Authors or others, and more. If our community reports you for this activity--even if your Kbuckets and actions just SMELL spammy, you'll likely have your account deleted.
You also cannot create spam Kbuckets (multiple Kbucket that carry the exact same content, Kbuckets that are irrelevant to the topic, Kbuckets that are uncurated and lifted from other sites, Kbucket accounts with several Kbuckets devoid of multiple modules of handpicked content, accounts trying to promote the same service on hundreds of matching Kbuckets, or anything the Kbucket officials deem to be Spam). Period.
You must not abuse, harass, threaten, malign, flame or intimidate other Kbucket Authors, staff, others who use the Service, bloggers or others online. Nor may you upload, post or otherwise include any Content that is defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, or promotes any act of cruelty to animals or certain vegetables.
You must not impersonate another Kauthor or any official of Optimal Access Inc. If you trick someone into thinking you're something you're not, we'll lock your account.
Thou shalt not create Adult and R or X-rated Kbucket without marking them appropriately. We intend to add rating to our Kbucket, so for now please be respectful. We reserve the right to remove any R-Rated Kbuckets if we deem appropriate.
If Optimal Access Staff believes your Kbuckets to be grossly miscategorized (The tags that define the Kbuckets) they reserve the right to re-categorize your Kbucket right away or lock it.
You cannot create Kbuckets or use the Service for any illegal or unauthorized purpose, or to promote or make solicitations for any illegal or unauthorized activity.
You cannot use the Service to distribute, share or solicit Content belonging to third parties without proper authorization from the owner(s) of that Content. You must respect the proprietary and intellectual property rights of others (including trademark, copyright and trade secrecy) in creating your Kbucket. Kbucket is a fair harbor platform and can't endorse the content on our pages; if you have an issue with another user's content, please contact that individual directly first. Failing that, please send us a note, and we may be able to review or lock the lens in question.
You must not, in the use of Kbucket, violate any Federal, state or local laws. If you are creating a Kbucket outside of the United States, you must comply with all local laws regarding online conduct and acceptable content
Optimal Access Respect Everyone Policy: You cannot abuse other Kauthors, bloggers, organizations and individuals online and off.
You cannot transmit content in breach of a confidentiality or fiduciary obligation you may have.
You cannot interfere with or disrupt the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You cannot collect or store personal data about other users, except that you may encourage surfers to contact you and you may, in return, contact them back.
The end of spambait: Some topics are just irresistible to spammers. These are topics that don't generally exist in the real world, that aren't particularly useful, and that are very profitable to people who spam. So, here's where we draw the line between junk and spam. There are topics we're just not going to let people write about. We wish we didn't have to do that, but it's the best plan available to remove the bad actors that want to take advantage, while keeping the site open for passionate people of all stripes. So the deal is: you can't build any content in these areas on Kbucket. If you are interested in these areas, it's entirely possible you will bump into our filter, and if you do, we hope you'll just walk away, not try to be clever and get around it. Hey, there must be other things you're passionate about in this world. Why not make a lens on that, and leave the online texasholdem4u pages out. Even better, we hope that 99% of you won't even know it's there.
4. THE CONTENT: WHO OWNS IT?
As a Kauthor, you will be able to incorporate a description or comment on the link you are posting. These descriptions are what makes your Kbucket unique and helps users with their search. Optimal Access Inc. does not claim ownership of the Content you place on your Kbucket. The Content will be owned by you or a third party from whom you got permission to post the content. By placing Content on your Kbcuket, however, you grant Optimal Access a worldwide, royalty-free, and non-exclusive license, for as long as your KBcuket is displayed on the Kbucket.com website, to reproduce, display, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Kbcuket on Kbucket.com. Optimal Access may preserve and store Content, and may also disclose Content if required to do so by law or if Optimal Access Inc. believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Optimal Access Inc., its users and the public.
The Kauthor, and not Optimal Access Inc., will be fully responsible for all Content that is uploaded, posted, transmitted or otherwise made available by the Kauthor on his or her Kbucket. Optimal Access Inc. cannot guarantee the accuracy, integrity or quality of such Content. Optimal Access inc. does not pre-screen Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any Content in a Kbucket for any reason, including Content that may violate these Terms, or that is otherwise objectionable. Optimal Access Inc. also cannot take responsibility for anything that your surfers may do in reliance on the Content you post in your Kbucket. Bottom line: put it on your Kbucket, you're responsible.
5. ABOUT ROYALTIES
Optimal Access will be running ads and intends to share the revenue with Kauthors. Because we are a startup and have not taken any venture capital money we need to build the appropriate mechanics for tracking and distributing revenue generated from this site.
We are asking our Kauthors to help us build our site, in turn we will provide training and support and as soon as we learn more about our business model we will tell you how we will compensate you for building and maintain your Kbuckets.
First things first here: we don't ever sell your email address, and we don't ever spam. We're also committed to keeping your Kbuckets and identity protected from others off the site who may try to spam you.
8. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, or exploit any portion of the Service, use of the Service, or access to the Service, other than through the display and use of your Kbuckets. This means you agree not to hijack content from other Kbuckets, plagiarize, set up false accounts, spam or hack Kbuckets, duplicate Kbuckets on other services, or exploit other users by selling them false information or services about Kbucket.
9. OPTIMAL ACCESS INC. CAN MODIFY OR DISCONTINUE THE SERVICE
Optimal Access Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, without liability to you or any third party.
10. OPTIMAL ACCESS INC. CAN TERMINATE YOUR USE OF THE SERVICE
Optimal Access, in its sole discretion, may terminate your password, account or use of or access to the Service (including CO-OP Services), and remove and discard any Kbucket, for any reason. Some of the more likely reasons for termination are inaccurate information in the registration form, harassment of other Kauthors (this is a BIG no no), Optimal Access Staff, bloggers and other individuals online. More reasons include hacking Kbuckets or the Service, automatically redirecting Kbucket traffic to another site, spamming people on and off the site, illegal transactions via Kbucket, and otherwise acting in violation of the terms or the spirit of these Terms of Service or other policies making a Kauthor a fine, upstanding member of the Kbucket community. If Optimal Access terminates your use of the Service, then your Kbucket may be immediately taken down, and your Kbucket Earnings Account may be closed (and donated to charity). In this event, Optimal Access will not be responsible to you or any third party for any termination of your access to the Service..
11. OPTIMAL ACCESS INC. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
12. DISCLAIMER OF WARRANTIES
The Service is provided on an "as is" and "as available" basis. We're not perfect, but we're getting better every day! You expressly understand and agree that your use of the Service is at your sole risk. Optimal Access expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Optimal Access makes no warranty that the service will be uninterrupted, timely, secure, or error-free, or that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the software will be corrected. If you've got a really big beef with a bug or a technicality, and you don't like the way Kbucket site is being run, we hope you'll share your feedback with our team before quitting the service.
13. LIMITATION OF LIABILITY
You expressly understand and agree that Optimal Access Inc. will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages), resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service.
14. MISCELLANEOUS, BUT IMPORTANT, TERMS
These Terms of Service and the relationship between you and Optimal Access will be governed by the laws of the State of California without regard to its conflict of law provisions. The failure of Optimal Access to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. These Terms of Service, together with any other agreements incorporated by reference in these Terms of Service or entered into between you and Optimal Access in connection with your registration as a Kauthor, constitute the entire agreement between you and Optimal Access Inc. and govern your use of the Service, superseding any prior agreements between you and Optimal Access Inc. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Kbucket services (such as CO-OP Services), third-party content or third-party software. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. DISPUTE RESOLUTION
By accepting these Terms of Service, you acknowledge that as a CO-OP, we're all in this together. If at any point, you feel as though you have a dispute with Optimal Access, you agree to abide by our dispute resolution principles.
1. You agree to read our FAQ file both on this site and on the optimalaccess.com site to see if your question has been previously answered.
2. If that doesn't work, you agree to contact us, outlining your problem.
3. If, after two weeks, you haven't found a satisfactory resolution, you agree to submit to binding arbitration, to be conducted by a member of the American Arbitration Association, in Los Angeles California, at your expense. If you win, we will pay the arbitration expenses and your reasonable attorney's fees. If we win, you agree to do the same for us.
4. By accepting these terms, you waive your right to go to court and you explicitly waive your right to participate in a class action lawsuit.
Kbucket is one of many ways you can post information online, and if you find any of these conditions unacceptable, we will totally understand (though our feelings will be hurt) if you choose to use a different service.
The following are trademarks of Optimal Access Inc:
* You made it. You read the whole Kbucket Terms of Service. Please let us know how we can do better. And thanks!