Karoo Lark Web Messenger

Karoo Lark provides online messengers for common instant messaging services, like Window Live Messenger (MSN), Google Talk (Gtalk), Facebook Chat (FBChat), Yahoo! Messenger (YChat) and others.

KarooLark Terms of Use

Last updated: March, 5, 2011

1. ACCEPTANCE OF TERMS OF USE

KarooLark, Inc. ("KarooLark") owns and runs karoolark.com, through which it offers various services and software (the websites, services and software are referred to as the "Services").

By accessing and using the Services, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE SERVICES IN ANY MANNER. KarooLark reserves the right to limit or terminate your access to the Services if you do not comply with these Terms of Use.

KarooLark reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use or after our sending of notice of any changes or updated policy to you means that you have accepted those changes.

2. RESTRICTIONS ON USE OF THE SERVICES

Content You Post to the Services

You may post and share comments and content with other users through the Services. By using the Services, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:

  1. is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
  2. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
  3. is illegal;
  4. is tortious, defamatory, libelous or invasive of another's privacy or publicity rights;
  5. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
  6. you do not have a right to make available under law or contractual or fiduciary relationships;
  7. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
  8. bears any false, disguised or misleading origin;
  9. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you message, upload, post, cause the display or performance of, email, transmit or otherwise make available via the Services.

KarooLark reserves the right to, but has no obligation to, monitor or screen the content transmitted through, displayed or posted through the Services and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT, DISPLAY OR POST THROUGH THE SERVICES.

Prohibited Activities

You may not use the Services to do any of the following:

  1. harass or advocate harassment of another person or entity;
  2. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
  3. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
  4. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
  5. transmit unsolicited mass mailings, "spim" or "spam;"
  6. collect or store any information about other users or members, other than in the normal course of using the Services for their intended purpose of facilitating voluntary communication among users;
  7. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.

You may not do any of the following to the Services:

  1. use the Services in any manner that could damage, disable, overburden, disrupt or impair the Services or any KarooLark server, or the network(s) connected to any KarooLark server, or interfere with any other party's use and enjoyment of the Services;
  2. disobey any applicable policies or regulations of networks connected to the Services;
  3. modify, adapt, translate or reverse engineer the Services
  4. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services;
  5. frame the Services or reformat them in any way; or
  6. create user accounts using any automated means or under false pretenses.

Other Requirements

To the extent that you use or connect to any third party messaging services and/or content delivery systems through the Services, you agree that you will comply with all terms and conditions of use for those services, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.

3. NO RESPONSIBILITY FOR THIRD PARTY CONTENT OR ACTIONS

You understand that the Services act only as a forum and technical interface between users and that KarooLark does not itself verify the qualifications of users and does not evaluate or control exchanges between users. Any opinions or statements expressed by a user are those of the user alone, and are not to be attributed to KarooLark. KarooLark cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, or legality of anything said, written, posted, displayed or otherwise made available by any user.

You understand that you may be exposed to content that you find offensive to you and that you use the Services at your own risk.

4. INTERSTATE AND INTERNATIONAL USE

You consent to the collection and processing of personal information in the United States regardless of where you are located. All users understand the potential cross-border nature of communications made using the Services and acknowledge that using the Services may result in interstate and international transmission of data.

5. LICENSE AND CONFIDENTIAL INFORMATION

By sending messages or posting information or content to the Services, you automatically grant, and you represent and warrant that you have the right to grant, to KarooLark an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

No information or content of any kind that you submit to KarooLark, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Services shall be deemed confidential or secret information.

Notwithstanding the foregoing, KarooLark will only disclose communications or content transmitted through private IM chats in accordance with the KarooLark Privacy Policy.

6. COPYRIGHT AND TRADEMARKS INFORMATION

COPYRIGHT NOTICE: Copyright © 2011 KarooLark, Inc. All Rights Reserved.

"KarooLark" is a trademark of KarooLark, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders, including but not limited to, the following:

THIS SITE IS NOT AFFILIATED WITH OR ENDORSED BY
Google Inc., Microsoft Corporation, Yahoo, Inc or Facebook, Inc.

7. COPYRIGHT POLICY

In addition to any other use restrictions set forth in this Agreement, you may not engage in or facilitate the posting, modification, distribution, or reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of KarooLark to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner's legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. 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 service provider to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.
  4. Information reasonably sufficient to permit the service 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.
  5. 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.
  6. 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.

Notice should be provided:

By email: supports@karoolark.com (Attn: Copyright Agent).

8. PRIVACY POLICY

KarooLark respects your desire for privacy. KarooLark's Privacy Policy can be found at http://karoolark.com/privacy.html. By using the Services, you are consenting to the terms of our Privacy Policy.

9. THIRD PARTY WEB SITES, SERVICES, AND CONTENT

The Services may contain links to third-party sites that are not under the control of KarooLark, and KarooLark is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that KarooLark endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. KarooLark is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Services.

In addition, links to advertising that has not been approved by KarooLark may be embedded in third party content displayed on the Services. KarooLark is not responsible for any content, cookies, or other technology used in connection with such advertising.

10 SOFTWARE DOWNLOADS

KarooLark offers you the ability to download certain software through the Services to enhance your usage of the KarooLark service. The software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title of the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Your usage of the Software is subject to these Terms of Use and all references to "Services" in these Terms of Use include the Software.

KarooLark may send automatic updates of the Software to the computer onto which it has been downloaded, and you consent to those updates.

Some third party IM services do not allow you to be logged into their IM service through two log-ins at the same time. If KarooLark detects during the KarooLark start-up process that you have been logged off of a third party IM service connection that you established through KarooLark because you have subsequently logged onto that IM service through another means, we will offer you the opportunity to stop the third-party IM service from launching on start-up so that the conflict will not occur. If you choose that option, the third party IM service will not be activated on start up.

11. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE SERVICES

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND ALL INFORMATION ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND AND KAROOLARK HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, KAROOLARK DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Because some jurisdictions do not allow the exclusion of implied warranties, some of these exclusions may not apply to you. If any state or other jurisdiction does not allow the exclusion or warranties, then KarooLark's warranties shall be limited in those jurisdictions to the extent permitted by law.

IN NO EVENT SHALL KAROOLARK BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES. If any state or other jurisdiction does not allow the exclusion or limitation of liability for damages, then KarooLark's liability shall be limited in those jurisdictions to the extent permitted by law.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Services. The Services may contain technical inaccuracies or typographical errors. KarooLark assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Services.

KarooLark may terminate or make changes to all or any portion of the Services, product offerings, and any other information and materials available on or through the Services and may delete any content that has been submitted to the Services at any time and without notice or liability.

12. INDEMNITY

You agree to indemnify, defend, and hold KarooLark and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of the Services. Any such indemnification shall include the payment of reasonable attorneys. fees incurred in the defense of such claim.

13. TERMINATION OF ACCESS TO KAROOLARK; CONSEQUENCES OF VIOLATION OF TERMS OF USE

KarooLark reserves the right to terminate your privilege to use the Services at any time for any reason. In addition, KarooLark shall have the right to (i) remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Use and (ii) inform law enforcement of any illegal activity or material KarooLark suspects or discovers on, through, or otherwise relating to the Services and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.

14. NOTICES

We may be required by state or federal law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to these Terms of Use or to the Services. You agree that such notices will be effective upon our posting them on the Site, sending them to you through email or postal mail, or notifying you via other means required by law. If you do not provide us with accurate information to contact you, we will not be held liable if we fail to notify you.

You consent to receiving any notices regarding the Terms of Service or the Privacy Policy or any notice required by law, including notice of a any breach of security involving your personally identifiable information, through email.

Any notices that we send to you by email will be sent to the email address you provided when you registered for an account or the email address in your profile.

15. GENERAL INFORMATION

The Terms of Use, the Privacy Policy and any applicable guidelines or additional terms posted on the Services constitute the entire agreement between you and KarooLark, govern your use of the Services, and supersede any prior agreements between you and KarooLark relating to your use of the Services (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional KarooLark services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing the Services you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Services, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of Santa Clara in the State of California, USA and you consent to the personal jurisdiction of those courts. The failure of KarooLark to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.

16. COMMENTS AND QUESTIONS

If you have any comments or questions you may address them to the customer service department at KarooLark at supports@karoolark.com.