The
Koalafi
General Website Terms of Use
- Document version: 3
-
- 1. Restrictions on Use
- 2. User Rules and Guidelines
- 3. Rules for Use of the Site Conduct
Required for Use of the Service
- 4. Monitoring
- 5. License
- 6. Content on the Site
- 7. Personal Safety
- 8. Submissions
- 9. Creditors, Collection Firms and
Attorneys (Vendors)
- 10. Disclaimer of Warranties
- 11. Limitation of Liability
- 12. Indemnification
- 13. Termination
- 14. Trademarks
- 15. Minors
- 16. Child Online Protection Act
Notification
- 17. Infringement Policy
- 18. Modification
- 19. Export Control
- 20. Miscellaneous
- 21. Rules for Chat rooms, Message Boards,
and Other User-Supplied Material
The Terms of Use (the "Agreement") sets
forth the terms and conditions that apply to a user’s (you, your) use of the
websites located at www.easypay.koalafi.com, inclusive of all materials, information, and
webpages (the “Site”), software and/or web based software accessed online (the
“Software”) and/or any services offered therein (the "Service") which
may be offered to you by Koalafi ( Koalafi , we, us) or
by affiliates or referrals. BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS
AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this
Agreement, please discontinue your use of the Site and/or Service.
1. Restrictions on Use
Koalafi is a free service for debtors to
negotiate account(s) online without speaking with a collection agent.
Creditors, Third Party Collection Companies and/or Collection Law Firms
(Vendors) store and manage customer data at Koalafi in order for
users to access their account data and make online payments or interact with
the data to negotiate an agreement and terms of payment. Users access the
Koalafi website through a personal computer or mobile device using a
communications connection (e.g., modem, telephone line, wireless, etc.). As
part of the Site, you may be provided with options that may include
information, editorial content, links to other websites and other computer
services that Koalafi may decide to offer, subject to the terms
hereof. Koalafi may, in its sole discretion, discontinue or alter
any aspect of this site, including, but not limited to:
a) Restricting the time of availability;
b) Restricting the availability and/or scope of the
Service for certain platforms (i.e., computer types and operating systems);
c) Restricting the amount of use permitted; and
d) Restricting or terminating any user rights to use
all or part of the Service, at any time in Koalafi's sole discretion
and without prior notice or liability. You are responsible for all charges
associated with connecting to the Site but Koalafi does not charge
users to access the site and use it's functionality.
The Site is owned and operated by Koalafi
and its affiliated companies and contains material that is derived in whole or
in part from material supplied and owned by other related companies and
sources. All material on this website is protected by copyright, trademark, and
other applicable laws. You may not modify, copy, reproduce, republish, upload,
post, transmit, publicly display, prepare derivative works based on, or
distribute in any way any material from the Software, including but not limited
to code and software ("Material"). You may, however, download
Material from the pages offered to the public for your personal, non-commercial
use only, provided you keep intact all copyright and other proprietary notices
and use the Material in accordance with all restrictions applicable to your use
of the Service in general. In the event that you download Material from the
Service, such Material is licensed to you by Koalafi and
Koalafi does not transfer title of any such Material to you.
2. User Rules and
Guidelines
a) Registration
Users are typically invited to the Koalafi
Site by a creditor or collection company. User must provide certain information
to access their data and use the functions of Koalafi. You agree to
provide true, accurate and complete information about yourself. If you provide
any information that is untrue or inaccurate, not current, or incomplete, or if
Koalafi suspects that your information is untrue or inaccurate, not
current, or incomplete, Koalafi may, in its sole discretion, suspend
or terminate future access to the Software. Any personal information supplied hereunder
will be subject to the terms of our privacy policy. All users must be age 18 or
older. Public webpages are currently provided for free. Koalafi
reserves the right to change the nature of our free public access pages at any
time.
b) Authentication data
You access Koalafi by providing the last
four digits of your Social Security Number and a combination of other criteria
including, but not limited to: the phone number you were contacted at or the
creditor’s reference number they provided. You agree that you will immediately
notify Koalafi of any unauthorized use of your data or account, or
any other breach of security and that you will log off of the software at the
end of each session to prevent fraud on your account by third parties.
c) General
Koalafi may choose to send you e-mail
newsletters on a variety of topics. You may elect to not receive these e-mail
newsletters, and you may start or stop receiving such e-mail newsletters at any
time by sending an e-mail to an address that shall be designated for that
purpose. With your permission, Koalafi may send you e-mails on
behalf of pre-screened third parties containing promotional offers or
opportunities that we believe may be of interest to you. You may elect to not
receive these e-mails, and you may start or stop receiving such e-mails at any
time by sending an e-mail to an account that shall be designated for that
purpose.
3. Rules for Use of
the Site Conduct Required for Use of the Service
It is a condition of your use of the Web site that you
do not:
a) Restrict or inhibit any other user from using and
enjoying the site;
b) Post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation, any images or other
material depicting nudity as herein defined;
c) Post or transmit comments containing harassing or
offensive language, including sexual references, sexual nicknames, racial
slurs, hate propaganda, hate mongering, swearing, or rude or deliberately
offensive comments, or engage in disruptive activities online, including
excessive use of scripts, sound waves, scrolling (repeating the same message
over and over), or use of viruses, bots, worms or trojan horses;
d) Post or transmit any information, software or other
material that is fraudulent or violates or infringes the rights of others,
including material that violates privacy or publicity rights, or infringes
copyright, trademark or other proprietary rights, without first obtaining
permission from the owner or right holder, including WAREZ (copyrighted
material distributed without permission);
e) Post or transmit any information, software or other
material that contains a virus or other harmful component;
f) Post or transmit content that encourages or
provides instructional activities about illegal activities, in particular
hacking, cracking or phreaking;
g) Post, transmit or in any way exploit any
information, software or other material for commercial purposes or that
contains advertising, "junk mail," "spam," or "chain
letters";
h) Solicit other users to join, become members of, or
contribute money to any other online site or other organization, advocate or
attempt to get users to join in legal or illegal schemes or plan or participate
in scams involving other users;
i) Impersonate any person or entity or falsely state
or otherwise misrepresent your professional or other affiliation with any
person or entity;
j) Resell, redistribute, broadcast or transfer the
information or use the information derived from the Service in a searchable,
machine-readable database;
k) Use the site to collect personally identifying
information about users of the site in violation of our Privacy Policy;
l) Disguise a file type to thwart Koalafi’s
detection processes;
m) Post or transmit any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any local, state, national or
international law;
n) Attempt to gain unauthorized access to other
computer systems or networks connected to the Koalafi site or
software;
o) Use the site or software, including the information
provided therein and all related equipment, networks and network devices
(specifically including Internet access) for any unlawful purpose.
Koalafi, at its sole and absolute discretion, shall determine
whether any information transmitted or received violates this provision. You
may not use any Material in connection with any site or other use that contains
or is associated with information or content prohibited by this section.
4. Monitoring
Koalafi has no obligation to monitor the
use of the site by users or Vendors. You acknowledge and agree that
Koalafi reserves the right to, and may from time to time, monitor
any and all information transmitted or received through the Site for
operational and other purposes. During monitoring, information may be examined,
recorded, copied, and used for authorized purposes in accordance with our
Privacy Policy. Use of the Site constitutes consent to such monitoring.
Furthermore, Koalafi reserves the right at all times to disclose any
information posted on any portion of the Site as necessary to satisfy any law,
regulation or governmental request, or to refuse to post, or to remove, any
information or materials, in whole or in part, that in Koalafi's
sole and absolute discretion are objectionable or in violation of this
Agreement.
5. License
By uploading files, inputting data, or engaging in any
other form of communication (a "Communication") through the Site, you
are granting Koalafi a royalty-free, irrevocable, perpetual,
non-exclusive, unrestricted, worldwide license to:
a) Use, copy, sublicense, adapt, transmit, publicly
perform, display, or create derivative works from any such Communication; and
b) Sublicense to third parties the unrestricted right
to exercise any of the foregoing rights granted with respect to such
Communication. No Communication shall be subject to any obligation of
confidence on the part of Koalafi, except that confidential
information shall be deemed personal and confidential and will not be disclosed
to any 3rd party, except as a result of a court order.
6. Content on the Site
Communications posted through the Site are provided by
users such as you who are unaffiliated with Koalafi, and the user
providing each such Communication is solely responsible for the content
thereof. This means that you, and not Koalafi, are entirely responsible
for all Communications that you upload, post, email or otherwise transmit via
the Site. In using the Site or receiving e-mail messages from other users
through the Site, you should not assume that such messages have been reviewed
by Koalafi, that such Communications contain correct information, or
that the persons posting such Communications have accurately identified
themselves and/or their affiliation with any third party. You understand that
by using the Site, you may be exposed to Communications that are offensive,
indecent, or objectionable. Under no circumstances will Koalafi be
liable in any way for any Communication, including, but not limited to:
liability for any errors or omissions in any Communication, or for any loss or
damage of any kind incurred as a result of the use of any Communication posted,
e-mailed, or otherwise transmitted via the Service.
7. Personal Safety
When using the Site, please be certain that anything
you say does not compromise your personal safety. Do not provide your name,
phone number, postal or e-mail address, your password, or any other personally
identifying information to people you do not know. Do not continue any
conversation online that makes you feel uncomfortable.
8. Submissions
Koalafi is pleased to hear from users and
welcomes your comments regarding Koalafi Site, programs and
software. Koalafi welcomes creative ideas, suggestions, or
materials. Accordingly, we value your feedback, If you send submissions,
suggestions, ideas, notes, concepts or other materials (collectively,
"Comments"), they shall be deemed, and shall remain, the property of
Koalafi, and shall otherwise be subject to the provisions below. You
represent and warrant that you are authorized to grant all rights in the
Comments to Koalafi. Disclosure, submission, or offer of any
Comments shall constitute an assignment to Koalafi of all worldwide
rights, titles, and interests in all copyrights and other intellectual property
rights in such Comments. Koalafi may edit, copy, publish,
distribute, translate, and otherwise use in any medium any Comments that you
forward to Koalafi and will own exclusively all such rights, titles,
and interest and shall not be limited in any way in its use, commercial or
otherwise, of the Comments. Koalafi is and shall be under no
obligation to: (1) maintain any user's Comments in confidence; (2) to pay to
any user any compensation for any Comments; or (3) to respond to any user's
Comments.
9. Creditors,
Collection Firms and Attorneys (Clients)
a) Cost to maintain Koalafi is funded by
creditors and collection companies. In most cases, Clients pay a flat monthly
technical service fee and a nominal transaction fee for a completed
transaction.
b) Among the many reasons Clients utilize
Koalafi is that it provides a friendly environment for customers to
manage their accounts from the privacy of any location that the user chooses,
at their convenience;
c) Accounts negotiated online without the use of an
agent provides a substantial reduction in operating cost. Offers or counter
offers accepted have no correlation to the service charges that clients pay
Koalafi. Any offer you make within your creditor’s criteria or any
random counter offer presented to you that you accept is not based on the cost
of the creditor utilizing Koalafi, apart from the act that all
businesses take into account operational cost when pricing any product, service
or settlement.
d) Your business dealings with Koalafi may
be further governed under separate agreement between you and
Koalafi. Your dealings with Clients shall be governed under separate
agreements between you and the Client(s). Koalafi is not liable or
responsible for any proposal offers, promises or agreements made to you by
Client(s). Koalafi is not responsible for any other terms,
conditions, warranties, or representations associated with user’s dealings with
Client(s), and are solely between you and such Client. Koalafi will
not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such Clients of
Koalafi.
10. Disclaimer of
Warranties
Koalafi HAS PROVIDED LINKS AND POINTERS TO
INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND
MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER
Koalafi, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR
SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR
SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS
AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE
PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, Koalafi DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED
FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. Koalafi DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE,
WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND
THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. Koalafi DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS
IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of
errors and/or omissions, including the transmission or translation of
information. You assume full responsibility for implementing sufficient
procedures and checks to satisfy your requirements for the accuracy and suitability
of the Site, including the information, and for maintaining any means that you
may require for the reconstruction of lost data or subsequent manipulations or
analyses of the information provided hereunder. You acknowledge and agree that
your use of the Site, and any information sent or received in connection with
same, may not be secure and may be intercepted by unauthorized parties. YOU
ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR
OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
11. Limitation of
Liability
IN NO EVENT SHALL Koalafi, ITS PARENT OR
SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR
INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, Koalafi'S
REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Koalafi OR
ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY
DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE,
THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY
RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Koalafi, ITS
PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR
ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
12. Indemnification
You agree to defend, indemnify and hold harmless
Koalafi, its affiliates and their respective directors, officers,
employees and agents from and against any and all claims, actions, suits or
proceedings, as well as any and all losses, liabilities, damages, costs and
expenses (including attorney’s fees) arising out of or accruing from:
a) Any material posted or otherwise provided by you
that infringes any copyright, trademark, trade secret, trade dress, patent or
other intellectual property right of any person or defames any person or
violates their rights of publicity or privacy;
b) Any misrepresentation made by you in connection
with your use of the Service;
c) Any non-compliance by you with the terms and
conditions of this Agreement; and
d) Claims brought by persons or entities other than
the parties to this Agreement arising from or related to your access and use of
the Service, including the information obtained through the Service.
13. Termination
Koalafi may, in its sole discretion,
terminate your password, account (or any part thereof) or use of the Site, or
remove and discard any Communication transmitted by you, or information stored,
sent, or received via the Service without prior notice and for any reason,
including, but not limited to:
a) Concurrent access of the Site with identical user
name and password;
b) Permitting another person or entity to use your
user name and password to access the Site;
c) Any other access or use of the Site except as
expressly provided in this Agreement;
d) Any violation of the terms and conditions of this
Agreement or the rules and regulations relating to the use of, the software
and/or data files contained in, or accessed through, the Site; and
e) Tampering with or alteration of any of the software
and/or data files contained in, or accessed through, the Site.
14. Trademarks
Koalafi, the Koalafi logo, are
trademarks of Koalafi, LLC and all other trademarks, service marks
and trade names used on the Site are the property of their respective owners,
and all of the above trademarks may not be copied, downloaded or otherwise
exploited without the permission of Koalafi or the owner of such
trademark, service mark or trade name.
15. Minors
If you have agreed to allow your minor child, or a
child for whom you are legal guardian (a "Minor"), to use the Site,
you agree that you shall be solely responsible for: (a) the online conduct of
such Minor; (b) monitoring such Minor's access to and use of the Site; and (c)
the consequences of any use of the Service by such Minor. Children under the
age of 18 should not register for any Service hereunder. At various places on
the Service, we ask whether users are under the age of 18. Koalafi relies
on our users to be truthful in responding to these questions. If a user does
not identify his/her proper age, we will have no way of verifying actual age
with respect to our privacy policy.
16. Child Online
Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended,
Koalafi hereby notifies you that parental control protections (such
as computer hardware, software, or filtering services) are commercially
available that may assist you in limiting access to material that is harmful to
minors.. To view information on our policy regarding the privacy of children
under the age of 13, please see our privacy policy.
17. Infringement
Policy
Koalafi, pursuant to 17 U.S.C. Section 512
as amended by Title II of the Digital Millennium Copyright Act (the
"Act"), reserves the right, but not the obligation, to terminate your
license to use the Service if it determines in its sole and absolute discretion
that you are involved in infringing activity, including alleged acts of first-time
or repeat infringement, regardless of whether the material or activity is
ultimately determined to be infringing. Koalafi accommodates and
does not interfere with standard technical measures used by copyright owners to
protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c),
Koalafi has implemented procedures for receiving written
notification of claimed infringements and for processing such claims in
accordance with the Act. All claims of infringement must be submitted to
Koalafi in a written complaint that complies with the requirements
below and is delivered to our designated agent to receive notification of
claimed infringement:
By mail: Koalafi
PO Box 5518
Glen Allen, VA
230585518
By e-mail: customerservice@koalafi.com
In addition, any written notice regarding any
defamatory or infringing activity, whether of a copyright, patent, trademark or
other proprietary right must include the following information:
a) A physical or electronic signature of a person
authorized to act on behalf of (1) the owner of an exclusive right that is
allegedly infringed or (2) the person defamed;
b) 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. Similarly, for materials that are defamatory or infringe patent,
trademark, or other proprietary rights of a third party, please submit a list
of such materials;
c) Identification of the material that is claimed to
be infringing, to be the subject of infringing activity, or that is claimed to
be defamatory and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit us to locate the material;
d) Information reasonably sufficient to permit us to
contact you, such as your address, telephone number, and/or electronic mail
address;
e) 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 or other proprietary right owner, its agent, or the law; and
f) A statement that the information in the
notification is accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed
or on behalf of the person defamed.
18. Modification
Koalafi reserves the right, in its sole
discretion, to amend this Agreement, and to modify, add or discontinue any
aspect, content, or feature of the Site. Such amendments, modifications,
additions or deletions shall become effective upon notice thereof, which may be
provided to you by posting on the Site, via e-mail or any other reasonable
means. Continued use of the Site by you shall constitute your binding
acceptance of any such amendments, modifications, additions or deletions.
19. Export Control
Information, unless otherwise specified, on the Site
are presented solely to provide information regarding and to promote Site and
other products available in the United States, its territories, possessions and
protectorates. The Site is controlled and operated by Koalafi from
its office and from such locations as Koalafi elects.
Koalafi makes no representation that materials on the Site are
appropriate or available for use outside the United States. Those who choose to
access the Site from outside the United States do so on their own initiative
and are responsible for compliance with local laws, if and to the extent that
local laws are applicable. Software from the Site is further subject to United
States export controls. No software from the Service may be downloaded or
otherwise exported or re-exported (A) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list
of Specially Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. By using the Service, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country
or on any such list.
20. Miscellaneous
This Agreement shall be governed by and construed in
accordance with the laws of the State of New Hampshire without giving effect to
any principles of conflicts of law. Although you acknowledge that we will have
the ability to enforce our rights in any court of competent jurisdiction, you
hereby consent to the exclusive jurisdiction and venue of courts in NH, U.S.A.,
regarding any and all disputes relating to this Agreement or your use of the
Service. You acknowledge and agree that the warranty disclaimers and liability
and remedy limitations in this Agreement are material terms of this Agreement
and that they have been taken into account in the decision by
Koalafi to provide the Service hereunder. You may not assign any of
your rights, obligations or privileges hereunder without the prior, written
consent of Koalafi. Any assignment of the foregoing other then as
provided for in this section shall be null and void. If any provision of this
agreement shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from this Agreement, shall be enforced to the fullest
extent allowed by law as to effect the intention of the parties, and shall not
affect the validity and enforceability of any remaining provisions. This
Agreement and any posted operating rules constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all prior or
contemporaneous communications and proposals, whether oral or written, between
the parties with respect to such subject matter. No waiver of any provision or
any right granted hereunder will be effective unless set forth in a written
instrument signed by the waiving party. No waiver by either party of any breach
or default hereunder shall be deemed a waiver of any subsequent breach or
default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit
for any commercial purposes, any portion of the Service or access to the
Service. The titles and subtitles used in this Agreement are used for
convenience only and are not to be considered in construing or interpreting
this Agreement.
21. Rules for Chat
rooms, Message Boards, and Other User-Supplied Material
Portions of this Site may provide you and other users
an opportunity to submit, post, display, transmit and/or exchange information,
ideas, opinions, photographs, images, video, creative works or other
information, messages, transmissions or material to us, the Site or others
("Post" or "Postings"). Postings do not reflect the views
of Koalafi and Koalafi does not have any obligation to
monitor, edit or screen any Postings, but may do so in its sole discretion.
Notwithstanding anything else in these Rules of Conduct, Koalafi
should not be seen as endorsing any Post in any way. Neither Koalafi
nor its parent company, its respective officers, directors, and employees,
subsidiaries and/or affiliates shall be liable for any posting that is in
violation of this agreement.
You acknowledge that anything you submit to Koalafi
Site by way of any Posting is routed through Koalafi's servers and
the Internet and that, therefore, you have no expectation of privacy with
regard to any such submission. You acknowledge that the Posting and features on
Koalafi Sites are postings for public and not private
communications. Please keep in mind that whenever you give out personal
information online, for example, via message boards or chat, that information
can be collected and used by people you don't know. We cannot guarantee the
security of any information you disclose online; you make such disclosures at
your own risk. (Users under the age of 18 should be especially careful not to
provide any personally identifying information while using chat rooms or message
boards. As set forth in Terms and Conditions of use at www.easypay.koalafi.com, users of
chat rooms and message boards must follow acceptable standards of behavior when
posting messages online.)
If a Posting originates from you or your account, you
hereby agree not to post any materials that:
a) Interfere with anyone else's use of the Site;
b) Are abusive, illegal, defamatory, libelous,
indecent, obscene, offensive, or threatening in any way;
c) Encourage anyone to break the law;
d) Violate anyone's copyright, trademark or other
property right;
e) Interfere with the privacy of any other user;
f) Contain a virus or any other harmful component; or
g) Contain false or misleading statements of fact or
descriptions of the origin of the material or the communication. You agree to
comply with any additional terms which are referred to on this Site or any
sub-site within the website.
You are prohibited from posting or transmitting any
defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful
material or any material that constitutes or encourages conduct that would be
considered a criminal offense or give rise to civil liability, or otherwise
violate any law. Although Koalafi may from time to time monitor or
review bulletin boards, chat rooms, discussions, postings, transmissions, and
the like on the Site, Koalafi is under no obligation to do so and
assumes no liability or responsibility arising from the contents of any such
communications or for any defamation, error, inaccuracy, libel, obscenity, or
profanity contained in any such communication. Koalafi may change,
edit, or remove any user material or conversations that are illegal, indecent,
obscene, or offensive, or that violate Koalafi's policies in any
way. Further, Koalafi reserves the right to remove or edit content
at any time and for any reason although we have no duty to do so.
Koalafi will fully cooperate with any law enforcement authorities or
court order requesting or directing Koalafi to disclose the identity
of anyone posting such materials.
Posting is for noncommercial purposes only and you may
not Post in any manner which does or is intended to promote or generate revenue
for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without
limitation, Postings) violates any of the terms of this agreement, please email
customerservice@koalafi.com. We may not respond to your message and we reserve the
right to take or refrain from taking any or all steps available to us once we
receive any such message.