More legal stuff to protect us
The possibilities for what people may do with a free, online platform that people everywhere can use to create change are endless. Like other platforms where people can post content, these Terms give us legal protection from the countless things that could happen.
While we’re working hard to build amazing free platforms for people everywhere, we can’t make you any promises that it will always work perfectly or that we’ll maintain all our services forever.
No waiver, assignment: If we waive any of our rights in any particular instance, it does not mean that we are waiving our rights generally or in the future. If we do not enforce all our rights all of the time under these Terms, it does not mean that we are waiving our rights, and we may decide to enforce them at a later date. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by us to another company or person without restriction. We won’t be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.
As is service: Use of the Conikal and Conikal Politics platforms is at your own risk. The platforms (including the content you find on it) are provided on an “AS IS” and “AS AVAILABLE” basis. Conikal and its affiliates, suppliers, partners, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Furthermore, Conikal and its affiliates, suppliers, partners and agents make no warranty that (i) its platforms or any products or services provided through the platforms will meet your requirements; (ii) the platforms will be uninterrupted, timely, secure or error-free or that Conikal will fix any errors; (iii) you will obtain any specific results from use of the platforms; or (iv) any campaign or content on the platforms are accurate, complete, reliable, current or error-free. Any content obtained through use of the platforms is obtained at your own discretion and risk and Conikal shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, Trojan horses or other destructive code resulting from use of the platforms or any content obtained from the platforms. When you contribute to a fundraising campaign through our platform, you do so at your own risk and we do not guarantee the quality, safety, morality or legality of any fundraising campaign. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may also have other legal rights, which vary from state to state.
No guarantee of service: We may decide to cease making available the Conikal platforms, apps or services or any portion of the services at any time and for any reason. Under no circumstances will Conikal or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability.
Limitation of liability: To the fullest extent permitted under law, Conikal and its affiliates, suppliers, partners and agents have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability, or otherwise) for any indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data or content, revenue or profit, or personal injury or death) arising from or related to your use of the platforms , service, or any content provided by or through the platforms or service, even if we have been advised of the possibility of such damages in advance. This limitation applies to damages arising from (i) your use or inability to use the platforms and access the services; (ii) cost of procurement of substitute products or services; (iii) unauthorized access to or alteration or distribution of content you submit through the platforms; (iv) third party content made available to you through the platforms; (v) any loss or damage as a result of contributions to a fundraising campaign on Conikal or (vi) any other matter relating to any aspect of the platforms and service, including the website, the API, any present or future apps, email communications, and Conikal content on third party sites. Some countries and states do not allow the limitation or exclusion of incidental, consequential, or other types of damages, so some of the above limitations may not apply to you.
Notwithstanding anything to the contrary contained herein, Conikal’s liability and the liability of each of its affiliates, suppliers, partners, and agents to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve (12) months.
Indemnity: You agree to indemnify, defend (if we so request), and hold harmless Conikal and its affiliates, suppliers, partners, and agents from and against any claims, demands, losses, damages, or expenses (including reasonable attorneys’ fees) arising from the content you post or submit, your use of and connection to the Conikal and Conikal Politics websites, applications, API, and any other aspect of the platforms or services, your violation of these Terms or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms and your use of the platforms and services.