The term abbreviation “NKN” refers to 'Ndepndnt Koncptz Networks, LLC the service provider and "User" refers to a Visitor or a Member. You are only authorized to use the NKN Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the NKN Website and discontinue use of the NKN Services immediately. By using the NKN Services, you acknowledge your acceptance of this Agreement.
You can also contact us at:
'Ndepndnt Koncptz Networks, LLC
P.O. Box 87298
Atlanta, GA 30337
NKN may modify this Agreement from time to time and such modification shall be effective upon posting by NKN on the NKN Website. You agree to be bound to any changes to this Agreement when you use the NKN Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
NKN reserves the right, in its sole discretion, to edit, reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the NKN Services at any time, for any or no reason, with or without prior notice, and without liability. NKN expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of NKN Services if NKN determines, in its sole discretion, that you pose a threat to NKN and/or its Users.
Use of and Membership in the NKN Services is void where prohibited. By using the NKN Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the NKN Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
This Agreement shall remain in full force and effect while you use the NKN Services or are a Member. NKN may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
Use of the NKN services is currently free of charge but may not always remain that way. You acknowledge that NKN reserves the right to charge for the NKN Services and to change its fees from time to time in its discretion. If NKN terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Email and Password
When you sign up to become a Member, you will also be asked to enter your email address and choose a password. You are entirely responsible for maintaining the confidentiality of your email and password. You agree not to use the account, user name, or password of another Member at any time or to disclose your password to any third party. You agree to notify NKN immediately if you suspect any unauthorized use of your account or access to your email and/or password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members
The NKN Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by NKN. Illegal and/or unauthorized use of the NKN Services, including collecting user names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the NKN Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the NKN Services.
Proprietary Rights in Content on NKN
NKN does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the NKN Services. After posting your Content to the NKN Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. The license you grant to NKN is non-exclusive (meaning you are free to license your Content to anyone else in addition to NKN), fully-paid and royalty-free (meaning that NKN is not required to pay you for the use on the NKN Services of the Content that you post), sub licensable (so that NKN is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the NKN Services), and worldwide (because the Internet and the NKN Services are global in reach). This license will terminate at the time you remove your Content from the NKN Services. The license does not grant NKN the right to sell your Content, nor does the license grant NKN the right to distribute your Content outside of the NKN Services.
You represent and warrant that: (i) you own the Content posted by you on or through the NKN Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the NKN Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the NKN Services. The NKN Services contain Content of www.ndepndnt-koncptz.com ("NKN Content"). NKN Content is protected by copyright, trademark, patent, trade secret and other laws, and NKN owns and retains all rights in the NKN Content and the NKN Services. NKN hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the NKN Content (excluding any software code) solely for your personal use in connection with viewing the NKN Website and using the NKN Services. The NKN Services contain Content of Users and other NKN licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the NKN Services.
NKN may delete any Content that in the sole judgment of NKN violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. NKN assumes no responsibility for monitoring the NKN Services for inappropriate Content or conduct. If at any time NKN chooses, in its sole discretion, to monitor the NKN Services, NKN nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the NKN Services, and any material or information that you transmit to other Members and for your interactions with other Users. NKN does not endorse and has no control over the Content. Content is not necessarily reviewed by NKN prior to posting and does not necessarily reflect the opinions or policies of NKN. NKN makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the NKN Services. NKN reserves the right to investigate and take appropriate legal action against anyone who, in NKN's sole discretion, violates this provision, including without limitation, removing the offending communication from the NKN Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of NKN:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18;
provides any telephone numbers, street addresses, last names, URLs or email addresses;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person's consent; or
for band and filmmaker profiles, uses any unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the NKN Website and through your use of the NKN Services. NKN reserves the right to investigate and take appropriate legal action against anyone who, in NKN's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services through the NKN Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the NKN Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, NKN reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which NKN deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the NKN Services, you acknowledge that you will have caused substantial harm to NKN, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay NKN $100 for each such unsolicited email or other unsolicited communication you send through the NKN Services;
covering or obscuring the banner advertisements on your personal profile page, or any NKN page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the NKN Services or the networks or services connected to the NKN Services;
attempting to impersonate another Member or person;
using the account, user name, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the NKN Services in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the NKN Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
using the NKN Services in a manner inconsistent with any and all applicable laws and regulations.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of NKN to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to NKN by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the NKN Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the NKN Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You are solely responsible for your interactions with other NKN Members. NKN reserves the right, but has no obligation, to monitor disputes between you and other Members.
NKN is not responsible for any incorrect or inaccurate Content posted on the NKN Website or in connection with the NKN Services, whether caused by Users of the NKN Services or by any of the equipment or programming associated with or utilized in the NKN Services. Profiles created and posted by Members on the NKN Website may contain links to other websites. NKN is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by NKN. Inclusion of any linked website on the NKN Services does not imply approval or endorsement of the linked website by NKN. When you access these third-party sites, you do so at your own risk. NKN takes no responsibility for third party advertisements which are posted on this NKN Website or through the NKN Services, nor does it take any responsibility for the goods or services provided by its advertisers. NKN is not responsible for the conduct, whether online or offline, of any User of the NKN Services. NKN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. NKN is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the NKN Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the NKN Services. Under no circumstances shall NKN be responsible for any loss or damage, including personal injury or death, resulting from use of the NKN Services, attendance at a NKN event, from any Content posted on or through the NKN Services, or from the conduct of any Users of the NKN Services, whether online or offline. The NKN Services are provided "AS-IS" and as available and NKN expressly disclaims any warranty of fitness for a particular purpose or non-infringement. NKN cannot guarantee and does not promise any specific results from use of the NKN Services.
Limitation on Liability
IN NO EVENT SHALL NKN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF NKN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NKN'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NKN FOR THE NKN SERVICES DURING THE TERM OF MEMBERSHIP.
If there is any dispute about or involving the NKN Services, you agree that the dispute shall be governed by the laws of the state of Georgia, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Georgia, City of Atlanta.
You agree to indemnify and hold NKN, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the NKN Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the NKN Website or through the NKN Services causes NKN to be liable to another.
This Agreement is accepted upon your use of the NKN Website or any of the NKN Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and NKN regarding the use of the NKN Services. The failure of NKN to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. NKN is a trademark of 'Ndepndnt Koncptz Networks, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
The NKN Website is a general audience site and does not knowingly collect PII from children under 13 years of age.
COLLECTION AND SUBMISSION OF PII AND NON-PII ON 'Ndepndnt Koncptz Networks (NKN)
General. When NKN collects PII from you it is because you are voluntarily submitting Registration PII to us in order to register as a Member of NKN. NKN may also collect PII from you if you choose to participate in NKN Services activities like sweepstakes, contests, and surveys, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to NKN for review.
In addition, NKN collects other non-PII including IP address, aggregate user data, and browser type. This data is used to manage and improve the NKN Services, track usage, and for security purposes.
NKN Members may also choose to provide or store non-PII information in their profiles, including but not limited to date of birth, gender, zip code, interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), pictures, private messages, bulletins or personal statements (collectively "Profile Information"). The Profile Information in a Member's profile is provided at his or her sole discretion.
NKN Members can change their Registration PII and Profile Information at any time by controlling their account settings, available within the "Edit Profile" portion of their NKN profile.
You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on the NKN Services.
NOTICE: NKN WILL PROVIDE YOU WITH NOTICE ABOUT ITS PII COLLECTION PRACTICES
NKN uses Google Ads to display advertisements and Google analytics to monitor website traffic. To opt out of interest-based advertising, please click:
Some of the advertisements that appear on NKN Services may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-PII about your visit to or use of NKN Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address.
USE: NKN'S USE OF PII
In order to locate other NKN Members that you may already know in the physical world, NKN allows Users to search for Members using Registration PII (i.e., full name or email address). NKN also allows Users to browse for certain Profile Information in order to help connect with Members (i.e., age, gender). NKN may also enable Members to publicly display some Registration PII as an element of their Profile Information if they choose to do so via a profile setting under "Edit Profile." Search engines may index the portion of a Member's profile (including the Profile Information it contains) that is publicly displayed.
By using the NKN Services, you consent to receive promotional materials (e.g. newsletters) or notifications from NKN. If you want to stop receiving such materials from NKN, follow the unsubscribe instructions at the bottom of each email.
Newsletters will be sent approximately once per week and Notifications generally are sent whenever another NKN user contacts you (for example by sending you a comment). You may opt out of notifications any time by using the unsubscribe instructions at the bottom of each notification or use the notification settings from your logged-in NKN home page.
NKN employees, agents and contractors must have a business reason to obtain access to your PII. NKN may share your PII with those who help us manage or provide NKN Services' information activities (for example, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes.
These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide NKN with a specific service and not for any other purpose. NKN may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII. NKN also may share your PII with Affiliated Companies if it has a business reason to do so.
As described above, NKN may customize the advertising and marketing messages you receive on the NKN Website, or may work with outside companies to do so. Your non-PII and/or Profile Information may be shared with these companies so this customization can be accomplished. NKN prohibits these companies from sharing your non-PII and/or Profile Information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with NKN's advertisers and business partners.
There may be instances when NKN may access or disclose PII, Profile Information or non-PII without providing you a choice in order to: (i) protect or defend the legal rights or property of NKN, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the NKN Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if NKN sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, NKN may transfer your PII to the party or parties involved in the transaction as part of that transaction.
When a Member who is located in the European Union chooses to post Profile Information that will be publicly disclosed, that Member is responsible for ensuring that such information conforms to all local data protection laws. NKN is not responsible under the EU local data protection laws for Member-posted information.
SECURITY: NKN PROTECTS THE SECURITY OF PII
NKN uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, NKN uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.