Terms of Use

Effective Date: These Terms of Use were last updated on May 16, 2022. 

Acceptance of the Terms of Use

Welcome to the Kera Collective public site www.keracollective.com and thank you for being a part of this important work. These terms of use are entered into by and between you and Randi Korn & Associates, Inc. dba Kera Collective LLC . The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.keracollective.com, including any content, functionality, or services offered on or through keracollective.com (collectively, the “Site”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, found at [www.keracollective.com/privacy-policy] and the other terms, conditions and policies published on the Site, in all cases, incorporated herein by reference. If you do not want to agree to these Terms of Use you must not access or use the Site.

ELIGIBILITY

This Site is offered and available to users who are 18 years of age (“Minimum Age”) or older and reside in the United States or any of its territories or possessions. By accessing the Site, you affirm that you meet the Minimum Age requirement and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. You agree that if you do not meet the Minimum Age requirement or are not otherwise eligible to use the Site, you are prohibited from using, and will not attempt to use, the Site.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you. 

ACCESSING THE SITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. Certain parts of the Site are restricted to preapproved and invited registered users only and from time to time, we may further restrict access to some parts of the Site, or the entire Site, to users, including registered users. 

You are responsible for making all arrangements necessary for you to have access to the Site and for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

COMMUNICATIONS

By accessing the Site, you expressly consent and agree to accept and receive communications from KERA COLLECTIVE including via email. Please see our Privacy Policy for more information about your communication and notification options. 

INTELLECTUAL PROPERTY RIGHTS

Subject to the provisions regarding User Contributions set forth herein, the Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by KERA COLLECTIVE, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Except as authorized by KERA COLLECTIVE you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

●      Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

●      You may store files that are automatically cached by your Web browser for display enhancement purposes.

●      If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

●      If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site. Except as authorized by KERA COLLECTIVE under separate written agreement or terms, you must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by KERA COLLECTIVE. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

●      In any way that violates any applicable federal, state, local, or international law or regulation. 

●      For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

●      To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

●      To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

●      To impersonate or attempt to impersonate KERA COLLECTIVE, any KERA COLLECTIVE employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

●      To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm KERA COLLECTIVE or users of the Site, or expose them to liability.

Additionally, you agree not to:

●      Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

●      Use any ‘robot’, ‘spider’, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

●      Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

●      Use any device, software, or routine that interferes with the proper working of the Site.

●      Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

●      Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. 

●      Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

●      Otherwise attempt to interfere with the proper working of the Site.

We are under no obligation to enforce the Terms of Use on your behalf against another user. While we encourage users to let us know if they believe another user has violated the Terms of Use, we reserve the right to investigate and take appropriate action at our sole discretion.

USER CONTRIBUTIONS

The Site may contain posting and comment features, message boards, chat functionality, personalized web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit on or through the Site (hereinafter, “post”) content, text, graphics, photographs, logos, images, audio clips, digital downloads, and other data, content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you hereby irrevocably grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable right to use, reproduce, modify, perform, display, distribute, make derivative works of, and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant that: 

●      You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

●      All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute, and you, not KERA COLLECTIVE, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site. 

Finally, you irrevocably waive, and cause to be waived, against us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns any claims and assertions of moral rights or attribution with respect to your User Contributions. 

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

●      Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

●      Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including without limitation if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Kera Collective.

●      Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. 

●      Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS KERA COLLECTIVE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

KERA COLLECTIVE assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

COPYRIGHT INFRINGEMENT

KERA COLLECTIVE respects the intellectual property rights of others. If you believe in good faith that any User Contributions violate your copyright, please see our Copyright Policy ( ww.keracollective.org/copyright) for instructions on sending us a notice of copyright infringement. It is the policy of KERA COLLECTIVE to terminate the user accounts of repeat infringers. 

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by KERA COLLECTIVE, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of KERA COLLECTIVE . We are not responsible or liable to you, or any third party, for the content or accuracy of any materials provided by any users or third parties.

CHANGES TO THE SITE

We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. 

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

You may NOT link to our homepage without express written consent.  With written consent to link to our homepage you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

This Site may provide certain social media features which may be used solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

●      Establish a link from any website that is not owned by you.

●      Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

●      Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for download from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KERA COLLECTIVE LLC NOR ANY PERSON ASSOCIATED WITH KERA COLLECTIVE LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER KERA COLLECTIVE LLC NOR ANYONE ASSOCIATED WITH KERA COLLECTIVE LLC REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, KERA COLLECTIVE LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KERA COLLECTIVE LLC , ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM KERA COLLECTIVE LLC’S  NEGLIGENCE OR MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless KERA COLLECTIVE LLC , its affiliates, related companies, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or the marketing or provision thereof to end users, any infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or your use of any information obtained from the Site. KERA COLLECTIVE LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without Kera Collective LLC’s  prior written consent.

GOVERNING LAW AND JURISDICTION

All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the state courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER AND SEVERABILITY

No waiver by KERA COLLECTIVE of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KERA COLLECTIVE to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

ENTIRE AGREEMENT AND ASSIGNMENT

The Terms of Use, our Privacy Policy, and the other terms and conditions incorporated herein by reference constitute the sole and entire agreement between you and KERA COLLECTIVE regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. These Terms of Use and any related guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KERA COLLECTIVE without restriction.

YOUR COMMENTS AND CONCERNS

This website is operated by Randi Korn & Associates, Inc dba Kera Collective, 145 Palisade Street, Dobbs Ferry, NY 10522. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: hello@keracollective.com.