The K2 Underground Community Site (the “Site”) provided by K2 exists for the sole purpose of providing our customers a place to meet, interact, participate in discussions, and share ideas with each other. Like the community in which you live, the K2 Underground community works best when everyone follows basic standards of conduct.
Your privilege to use and contribute to discussions depends on your compliance with the terms set forth below. By complying with these terms, you are assisting in creating the best possible community. K2 may revoke your registration privileges and/or take any other appropriate measures to enforce these terms if violations are brought to our attention. By your use of the K2 Underground Community Site, you hereby agree to comply with and be bound by the following terms.
K2 provides access to interactive customer forums to its users "as is." There may be, among other things, unexpected downtimes, loss of data, or interruptions of service. K2 SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, OR OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS.
Opinions expressed on the K2 Underground Community Site are those of the message author and not of K2. Likewise, K2 makes no representations or warranties concerning the truth or falsity of any assertion of fact made by message authors on the Site. K2 SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF ANY MESSAGES POSTED BY THIRD PARTIES OR YOU TO ANY K2 MESSAGE BOARD OR BLOG.
The following actions are prohibited:
- Use of explicit, vulgar, obscene language.
- Posting or referencing sexually explicit images, adult or other offensive content.
- Use of racially or ethnically offensive language.
- Discussion which tends to incite or condone illegal activity.
- Soliciting the exchange of illegal materials, including but not limited to any illegal or harmful photograph, film, video, picture, or computer generated image or picture (actual or simulated).
- Use of harassing, threatening, embarrassing, or other similar unwanted language or actions.
- The offer for sale products or services.
- The use or posting of commercial banner advertisements or revenue-generating links (other than those which we have placed on a board)
- The use or posting of material which infringes another’s intellectual property rights, including but not limited to any copyright, trademark, rights of publicity, or other proprietary rights.
- The use or posting of content related to piracy, hacking or cracking, creating/disseminating viruses, worms or “warez.”
- The use or posting of material which is tortuous in nature or which violates a contractual or fiduciary obligation you or we owe to another party.
- The use or posting of material which violates the K2 Usage Guidelines.
- Impersonating a representative of K2, K2 staff, or community leaders.
- Posting or requesting personal or other information from a minor (any person under the age of 18), including, without limitation, any of the following: full name, home address, telephone number, picture, or the name of their school.
- Posting any link to or any images from a site containing any material prohibited by these terms.
- Posting any material deemed offensive or inappropriate by K2 in its discretion.
You acknowledge that K2 will not pre-screen content posted on the K2 Underground Community Site (“Content”), but that K2 and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove from the Site any Content that may be in violation of these terms. You agree that you are responsible for evaluating your use of any Content, and you bear all risks associated with such use, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that any reliance on any Content submitted by other users of the Site, including without limitation information posted on the Site, it entirely at your own risk.
WAIVER OF DAMAGES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: NOTWITHSTANDING ANYTHING ELSE IN THESE USAGE TERMS OR OTHERWISE, K2 SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, DATA OR OTHER LOSESS (EVEN IF K2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE K2 UNDERGROUND COMMUNITY SITE.
INDEMNITY You agree to indemnify and hold K2, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the K2 Underground Community Site, your use of the Site, your connection to the Site, or your violation of any rights of another party.
MODIFICATION K2 reserves the right to modify these usage terms at any time. Modifications will be posted to this website. You agree to review these usage terms for modifications regularly. You accept new usage terms if you use the Service at any time after any such modifications.
NO UNSOLICITED E-MAIL Individuals or organizations that promote or use spamming (unsolicited bulk e-mail) or similar actions and methods are not allowed to use the K2 Underground Community Site. Any form of unsolicited e-mail or newsgroup posting that includes a link to or references a K2 message board or blog is prohibited.
ENTIRE AGREEMENT These usage terms contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. These usage terms supersede any prior written or oral agreements between the parties.
NO WAIVER K2’s failure at any time to enforce any provision of these usage terms shall not constitute a waiver or limitation of K2’s right subsequently to enforce every provision of the usage terms.
Member Account, Password, and Security If you establish a member account on the Site, you must complete the registration process by providing SourceCode with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and an email address. You are entirely responsible for maintaining the confidentiality of your password and account, and you are entirely responsible for any and all activities that occur under your account. You agree to notify SourceCode immediately of any unauthorized use of your account or any other breach of security. SourceCode will not be liable for any loss that you may incur as a result of someone else using your password, either with or without your knowledge. However, you could be held liable for losses incurred by SourceCode or another party due to someone else using your account or password. You may not use anyone else's account without the permission of the account holder. SourceCode’s collection and use of the information you provide is governed by SourceCode’s privacy policies.
Notice specific to Software available on this Site Any software that is made available to download from the Site (“Software”) is the copyrighted work of SourceCode and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You will be unable to install any Software that is accompanied by or includes a License Agreement, unless you first agree to the License Agreement terms.
The Software is made available for download solely for your personal use according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal liabilities. IN NO EVENT SHALL SOURCECODE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR DATA USE, EITHER IN CONTRACT OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OR USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, OR INFORMATION AVAILABLE FROM THE SITE. Notice specific to documents made available on this Site Permission to use documents published by SourceCode on this Site (such as white papers, press releases, datasheets and FAQs) is granted, provided that (1) all trademarks, copyright and other notices remain in such documents in their original form, and (2) use of such documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no changes or modifications to any such documents are made. The documents specified above do not include the design or layout of the Site or any other website owned, operated, licensed or controlled by SourceCode (collectively, “SourceCode Websites”). Elements of SourceCode Websites are protected by copyright, trademark, trade dress, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any SourceCode Websites may be copied or retransmitted unless expressly permitted by SourceCode.
Copyright © 2009. SourceCode Technology Holdings, Inc. All rights reserved. Patents pending. SourceCode, K2 and K2.net are registered trademarks or trademarks of SourceCode Technology Holdings, Inc. in the United States and/or other countries.