Last updated: July 8, 2021
Introduction
Welcome to Launch Wiki (“Company”, “we”, “our”, “us”)!
These terms of use (these “Terms of Use”) is applicable to all use of and access to the software developed as a software as a service and supplied by Launch Wiki and any additional services (the “Services”) that may be provided by Launch Wiki (“Launch Wiki”, “We”, “Us”, or “Our”) to its users (“User(s)”, “You”, or “Your”).
Your agreement with us includes these Terms of Use and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them. You will accept electronically these Terms of Use at the time of subscription and of the creation of a valid account giving access to the Services (the “Account”) and after each amendment thereof. In any event, these Terms of Use are always accessible on Launch Wiki's website located at wiki.launchkitty.com (the “Website”).
If you do not agree with (or cannot comply with) Agreements, then you may choose not to use the Service, but please contact us at wiki@launchkitty.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
Communications
By entering your email address, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
License
Permission is granted to temporarily download one copy of the materials (information or software) on Launch Wiki's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- access Launch Wiki in order to build a similar or competitive website, product, or service; and
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Launch Wiki's website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Launch Wiki at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. All copyright and other proprietary notices on Launch Wiki (or on any content displayed on Launch Wiki) must be retained on all copies thereof.
Accuracy of Materials
The materials appearing on Launch Wiki's website could include technical, typographical, or photographic errors. Launch Wiki does not warrant that any of the materials on its website are accurate, complete or current. Launch Wiki may make changes to the materials contained on its website at any time without notice. However Launch Wiki does not make any commitment to update the materials
Modification
Launch Wiki may revise these terms of service for its website at any time without notice. By using this website you agree to be bound by the then current version of these terms of service.
No Support or Maintenance
You acknowledge and agree that Company will have no obligation to provide you with any support in connection with Launch Wiki.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in Launch Wiki and its content are owned by Company or Company's suppliers. Note that these Terms and access to Launch Wiki do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights Company and its suppliers reserve all rights not granted in these Terms.
Links
Launch Wiki has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Launch Wiki of the site. Use of any such linked website is at the user's own risk.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
User Content
“User Content” means any and all information and content that a user submits to Launch Wiki.
You are exclusively responsible for your Content. You bear all risks associated with use of your User Content. You hereby certify that your Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your Content, you may expose yourself to liability. Company is not obliged to backup any Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your Content if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in Launch Wiki. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Launch Wiki has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Launch Wiki or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Acceptable Uses
The following terms constitute our “Acceptable Use Policy”: You agree not to use Launch Wiki to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through Launch Wiki any software intended to damage or alter a computer system or data; (ii) send through the Launch Wiki unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use Launch Wiki to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to Launch Wiki, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to Launch Wiki, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of Launch Wiki; or (vi) use software or automated agents or scripts to produce multiple accounts on Launch Wiki, or to generate automated searches, requests, or queries to Launch Wiki.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of Launch Wiki, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right 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 matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
We reserve the right to refuse service, terminate accounts, remove or edit content.
Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
- In any way that violates any applicable national 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 or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
- Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
- Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
- Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
- Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
- Take any action that may damage or falsify Company rating.
- Otherwise attempt to interfere with the proper working of Service.
Analytics
We may use third-party service providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
Google Tag Manager is a tag management solution offered by Google that manages the website tags without editing code.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page below: https://policies.google.com/privacy?hl=en
Cookies
We employ the use of cookies. By accessing wiki.launchkitty.com.com, you agreed to use cookies in agreement with the Launch Wiki's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
Copyright Policy
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to wiki@launchkitty.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
Error Reporting & Feedback
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
If you provide Company with any feedback or suggestions regarding Launch Wiki, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
Disclaimer of Warranty
The materials on Launch Wiki's website are provided on an 'as is' basis. Launch Wiki makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Launch Wiki does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to Launch Wiki.
The materials on Launch Wiki's website are provide on an “as-is” and “as available” basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Limitation of Liability
We use third party solutions for software, networking, storage, domain providers and other technology requirements. To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use Launch Wiki even if company has been advised of the possibility of such damages. Access to and use of Launch Wiki is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of subscription fee that you've paid last one month. The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Termination
Subject to this Section, these Terms will remain in full force and effect while you use Launch Wiki. We may suspend or terminate your rights to use Launch Wiki at any time for any reason at our sole discretion, including for any use of Launch Wiki in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use Launch Wiki will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms.
If you wish to terminate your account, you may simply discontinue using Service.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
Indemnification
You hereby indemnify to the fullest extent Company Name from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
Amendments To Terms
We may amend Terms at any time by posting the amended terms on Launch Wiki. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at Our sole discretion. Customer and Users can review the most current version of the General Terms at any time by visiting this page at https://wiki.launchkitty.com/policies.
Entire Agreement
This Agreement, with the Privacy Policy, and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Launch Wiki regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Launch Wiki account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Launch Wiki in any manner.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Launch Wiki, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.
By using the Service in any manner, you agree to the arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Force Majeure
Except as expressly provided otherwise in the General Terms, Launch Wiki shall not be liable by reason of any failure or delay in the performance of its obligations on account of an unforeseeable and irresistible event, including external causes with the same characteristics, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, act of God, war, terrorism and governmental action.
No Other Agreements
The General Terms are the complete and exclusive statement of the Parties’ agreement relating to the subject matter hereof and supersedes all oral or written offers, understandings, representations, conditions, warranties, covenants and other communications between the Parties relating hereto, including any non-disclosure agreements relating to the subject matter hereof.
Notices
Launch Wiki may send notices to Customer’s email contact points provided by Customer. Launch Wiki may send notifications to Customer’s notification channels through third party notification channels/apps provided by Customer. Customer may send notices pursuant to the General Terms to Launch Wiki at wiki@launchkitty.com. Notices shall be deemed received 24 hours after they are sent.
Assignment & Successors
The General Terms shall be binding upon and inure to the benefit of the Parties’ respective successors and assigns.
Waiver
No waiver by either Party of any default in performance on the part of the other Party shall constitute a waiver of any subsequent breach or default by the defaulting Party.
Relationship of the Parties
The Parties are independent contractors. The General Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the Parties.
Confidentiality
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Electronic Communications
The communications between you and Company use electronic means, whether you use Launch Wiki or send us emails, or whether Company posts notices on Launch Wiki or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Copyright/Trademark Information
All rights reserved. All trademarks, logos and service marks displayed on Launch Wiki are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Acknowledgement
BY CONTINUING TO ACCESS OR USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Contact Us
If you have any questions about these terms of service, please contact us:
By email: wiki@launchkitty.com.