1. Content

1.1 Content and Feedback Terms

We claim no ownership rights over Your Content. As between us and you, you (or your licensors) will own any and all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you (or on your behalf) by or through our Service (“Your Content”). For an Organizational account, we may assume, in our sole discretion, that all of Your Content belongs to that Organization.

In connection with Your Content, you affirm, represent and warrant the following:

• You have the written consent of each and every identifiable natural person in Your Content, if any, to use such person’s name or likeness in the manner contemplated by our Service and these Terms, and each such person has released you from any liability that may arise in relation to such use;
• You have obtained and are solely responsible for obtaining all consents as may be required by law to post any of Your Content relating to third parties;
• Your Content and our use thereof as contemplated by these Terms and our Service will not violate any law or infringe any rights of any third party, including any intellectual property rights and privacy rights;
• Your Content does not include any information or material that a governmental body deems to be sensitive or classified information, and by providing Your Content to or through our Service, you are not violating the confidentiality rights of any third party; and
• We may exercise the rights to Your Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

We take no responsibility and assume no liability for any of Your Content that you or any other user or third-party posts, sends, or otherwise makes available over our Service. You shall be solely responsible for Your Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on our Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of Your Content. You understand and agree that on Our Service you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of or relating to any content accessed on or through our service.

We have implemented commercially reasonable technical and organizational measures designed to secure your data and information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your data for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you provide your data at your own risk.

We welcome feedback, comments, and suggestions for improvements to our services ("Feedback"). You acknowledge and agree that any Feedback provided by you is non-confidential and KWORE shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

1.2 Third-Party’s Content Terms

Our Service may contain links to third-party sites, materials and services (“Third-Party Services”) that are not owned or controlled by us, and certain functionality of our service may require your use of third-party services. If you use a third-party service, you are subject to and agree to the third party’s terms and conditions and privacy policy made available on or agreed in connection with their services. We do not endorse or assume any responsibility for any such third-party services. If you access a third-party service from our service or share your content on or through any third-party service, you do so at your own risk, and you understand that these terms and our privacy policy do not apply to your use of such third-party services. You expressly relieve us from any and all liability arising from your use of any third-party service, including content submitted by other users. Additionally, your dealings with or participation in promotions of advertisers found on our service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

1.3 Security

We have implemented commercially reasonable technical and organizational measures designed to secure your data and information from accidental loss and from unauthorized access, use, alteration or disclosure.

2. Branding

For the duration of the Subscription Term you grant KWORE a non-exclusive, irrevocable, and global license to use your company’s name, trademarks, and logos for marketing and promotional activities related to the use of our services, across all formats and media. We may identify you as a User in our promotional materials. We will promptly stop doing so upon your request sent to support@kwore.com

3. Intellectual Property

3.1 Ownership

All content, features, and functionality provided by KWORE, including but not limited to text, graphics, logos, and software, are owned by KWORE and are protected by French and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 License to Use

KWORE grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our services for your personal or business use. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

3.3 Breach and Report

We respect content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Intellectual property rights in France. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Service, please notify us by email on support@kwore.coms. For your complaint to be valid under the French laws, you must provide all of the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on our Service;
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

3.4 Confidential Information

We may disclose “Confidential Information” to you in connection with these Terms, which for the purposes of these Terms shall include:

• Our Service and any content or features therein; and
• Anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure including all non-public business, product, technology and marketing information. If something is labeled “Confidential,” that’s a clear indicator to you that the material is confidential. Notwithstanding the above, Confidential Information does not include information that:
  • is or becomes generally available to the public without breach of any obligation owed to us;
  • was known to you prior to its disclosure by us without breach of any obligation owed to us;
  • is received from a third party without breach of any obligation owed to us; or
  • was independently developed by you.

You will:

• Take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates and contractors who need to know such information in connection with these Terms; and
• Not use or disclose any Confidential Information of Company for any purpose outside the scope of these Terms. Nothing above will prevent you from sharing Confidential Information with financial and legal advisors; provided, however, that the advisors are bound to confidentiality obligations at least as restrictive as those in these Terms.

You may access or disclose Confidential Information of Company if it is required by law; provided, however, that you promptly give us prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at our cost, if we wish to contest the access or disclosure.