Welcome to Kong.
Please Read Carefully Before Using The Website
Location of Website and Your Use
As indicated above, Kong operates this Website from offices in San Francisco, CA, USA. Kong makes no representation or warranty that all of the features of this Website will be available to you outside of the USA, or that they are permitted to be accessed outside of the USA.
Limited Website Content License: Except as provided in Section Disclaimer of Warranties and Limitation of Liability (see below), Kong grants you the limited, revocable, non-transferable, non-exclusive right to use the Website and the associated Kong Content and Third Party Content (collectively, "Website Content") by displaying the Website Content on your computer, and downloading and printing pages from the Website under the condition that (i) such activity is solely for your personal, education or other non-commercial use, (ii) you do not modify or prepare derivative works from the Website Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any pages of the Website or Website Content, (iv) you do not otherwise reproduce, redistribute or publicly display any of the Website Content and (v) you do not copy any Website Content to any other media or other storage format.
User Content: If you elect to display, post, submit or otherwise make available to others, on the Website any content or works of authorship, including, without limitation, images, software, audio files, text, or any other materials (collectively, "User Content"), you hereby grant to Kong (to the extent permitted by applicable law) a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute such User Content, for any purpose. In addition, you hereby irrevocably represent and warrant to Kong that (i) you have all necessary power, authority, right, title and/or licenses to grant to Kong the foregoing right and license and (ii) the posting, submission, display by you of User Content on the Website, and the exercise by Kong of the foregoing license does not and will not (1) violate any law or (2) infringe any intellectual property right of any third party. You hereby irrevocably agree to indemnify, defend and hold Kong, its affiliates, directors, officers, employees and agents harmless from and against any and all loss, costs, damages, liabilities and expenses arising out of or related to any third party claim resulting from a breach of the foregoing representations and warranties.
Software: To the extent that the Website contains Kong Content or Third Party Content that is software available for download ("Software"), such Software is subject to, and your use of such Software is governed by, an applicable license agreement (each a "License Agreement") accompanying, provided with, linked to or embedded in, such Software. You may not use any Software unless you first read and agree to all of the terms and conditions of the applicable License Agreement. ANY SOFTWARE AVAILABLE ON THE WEBSITE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT, OR TO THE EXTENT NOT PERMITTED UNDER APPLICABLE LAW, KONG EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Trademarks: All trademarks, service marks and logos included on the Website ("Marks") are the property of Kong or third parties, and you may not use such Marks without the express, prior written consent of Kong or the applicable third party.
Monitoring: Kong may, but is not obligated to, monitor Website Content, User Content and your use of the Website. Kong reserves the right to accept, reject or modify any Website Content or User Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Website Content or User Content.
Your Use of the Website
Submission of User Content: In connection with your use of the Website, you agree not to submit any User Content which (i) is unlawful, (ii) violates any right of publicity or invades the privacy of others, (iii) constitutes obscene, pornographic, indecent, profane or otherwise objectionable material, (iv) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, (v) is libelous or defamatory or (vi) violates any applicable law or government regulation.
Prohibited Conduct: You may not use the Website to post, transmit or link to (i) any advertisement, promotional materials or solicitation related to any product or service that is competitive with Kong products or services or (ii) software or programs which contain any harmful code, including, but not limited to, viruses, worms, time bombs or Trojan horses. You may not deploy to the Website any robot, spider, website search/retrieval application, or other application designed to retrieve, index, "data mine," information from the Website.
Registered Users: If you become a registered user of the Website in order to gain access to support or other limited access parts of the Website, you agree (i) that the information you provide to Kong in connection with your registration will be current, complete and accurate, (ii) not to choose a username that violates any law or the intellectual property rights of others, or is offensive; provided that Kong reserves the right to reject the use of any user name for any reason or no reason, (iii) not to transfer, sell, convey or assign the right to use the Website to any third party without the prior written consent of Kong and (iv) not to permit any third party to use your username and password to access the Website. You further agree that you are responsible for the conduct of any party that uses your account, whether or not authorized by you, and for any breach of the security of the Website related to the use of your user name and/or password.
Indemnification: You hereby irrevocably agree to indemnify, defend and hold Kong, its affiliates, directors, officers, employees and agents harmless from and against any and all losses, costs, damages, liabilities and expenses (including attorneys' fees) arising out of or related to you use of the Website.
Export Control: You hereby represent and warrant that you understand and acknowledge that some Website Content may be subject to export, re-export and import restrictions under applicable law and that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.
Where Additional Terms apply, these will be accessible for you to read either within, or through your use of, the Additional Services. You are advised to read any Additional Terms carefully. You will be required to agree to accept such Additional Terms (including, where applicable, representing that you are of sufficient legal age to use or participate in an Additional Service), either by clicking to accept or agree to the Additional Terms where this option is made available to you by Kong in the user interface for any Additional Service or by your use of the Additional Service.
Kong's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
Kong may make changes to any products or services offered on the Website at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Kong makes no commitment to update the materials on the Website with respect to such products and services.
Accounts, Security and Passwords
Certain features or services offered on or through the Website may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Kong immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Kong or any other user of or visitor to the Website due to someone else using your ID, password or account.
You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Kong cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Disclaimer of Warranties and Limitation of Liability
Warranty Disclaimer: THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Kong MAKES NO WARRANTY THAT THE WEBSITE OR THE WEBSITE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, KONG HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE WEBSITE, AVAILABILITY OF THE WEBSITE AND THE WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE WEBSITE AND/OR THE WEBSITE CONTENT RESTS WITH YOU AND KONG MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE WEBSITE WILL BE UNINTERRUPTED, OR THE WEBSITE AND/OR THE WEBSITE CONTENT WILL BE ERROR FREE.
Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT KONG SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL,CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF KONG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.
The above does not affect our liability arising from gross negligence, or willful intent, nor any other liability which cannot be excluded or limited under applicable law.
Contributions / Unsolicited Ideas
By submitting ideas, feedback, suggestions, documents, and/or proposals ("Contributions") to Kong through its suggestion or feedback webpages, Kong shall be entitled to use, copy and/or commercially exploit such Contributions to the fullest extent and free of charge and Kong shall not be bound by any confidentiality obligation in respect of such Contributions.
You hereby indemnify and hold Kong harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by Kong as a result of the use and/or exploitation of the Contributions infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.
If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Kong is not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services provided by any service providers used by Kong, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.
Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.