Conditions of Use
These Conditions of Use are effective on March 10, 2017.
www.TakesTwo.com may contain other proprietary notices and copyright information, the terms of which must be observed and followed:
- Conditions of Use
Restrictions on Use of Materials
www.TakesTwo.com (Site) and the Takes Two report (Service) is owned and operated by KOLBE CORP ("KOLBE," “COMPANY,” "we," "us," or "our" herein). Individual items of information, graphics, software and other material ("Content") accessible through the Site or Service may be protected by copyright. You may not copy, download, reproduce, post, transmit, upload, distribute or otherwise publish any Content protected by copyright, without first obtaining permission of the copyright owner. You agree to abide by any and all copyright notices or other restrictions contained in any individual Content accessed through this Site or Service. The Site and Service is copyrighted as a collective work under United States copyright laws. Except as expressly provided for in these conditions of use, you shall not copy, distribute, download, publish or create a derivative work from the Site or any part thereof. All trademarks, service marks, and trade names are proprietary to KOLBE.
You may download or copy Content accessed through the Site or Service, for personal use provided that you maintain all copyright and other proprietary notices contained in such Content. You may also share it on third party sites (i.e. Facebook, Instagram, etc.). In no event may you, directly or indirectly, sell or offer for sale, upload, distribute, or otherwise publish any Content accessed through the Site or Service in any form or medium.
This Site contains or may use proprietary software. You shall have no rights to this proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site ("Site Software"). Unless otherwise specified in a purchase agreement for any Takes Two or Kolbe Software products ("Kolbe Software"), you may not copy, distribute, sell, decompile, disassemble, modify, reverse engineer, create derivative works from or otherwise reduce the Kolbe Software or the Site Software.
Acceptance of the Conditions of Use Agreement
By accessing the Website or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. By accessing this Site or using the Service, you consent to receive this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
- You must be at least 13 years old to use the Service.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. Takes Two prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to COMPANY upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other Takes Two users.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, information, usernames, images, graphics, photos, profiles, and other content or materials (collectively, "Content") that you submit, post or display on or via the Site or Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Takes Two or Kolbe.
- You must not access Takes Two or Kolbe’s private API by means other than those permitted by COMPANY.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Takes Two users.
- You must not interfere or disrupt the Site or Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any TakesTwo.com page is rendered or displayed in a user's browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that COMPANY is not responsible or liable for the conduct of any user. COMPANY reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
There may be links from the Service, or from communications you receive from the Service, to third-party websites or features. There may also be links to third-party websites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party website or feature, including applications that connect the Service or your profile on the Service with a third-party website or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. COMPANY does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that COMPANY is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if COMPANY has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Takes Two and Kolbe harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles, photos and Kolbe MOs (except as may be the result of standard search engine protocols or technologies used by a search engine with COMPANY's express consent).
Non-commercial Use by Users
The Site and Service is for personal use only. Users may not use the Service in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by the COMPANY. Users may not use any information obtained from the Service to contact, advertise, solicit, or sell to any other user without his or her prior explicit consent. COMPANY may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the COMPANY of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.
Your Interactions with Other Users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
COMPANY is not responsible for the conduct of any User. In no event shall the COMPANY, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Users, particularly if you decide to communicate off the Site or meet in person, or if you decide to send money to another User.
Content Posted/Highlighted/Starred by You on the Website
- You are solely responsible for the content and information that you post, include in your profile or otherwise make available (hereinafter, "post") on the Service or transmit to other Users, including emails, photographs, highlights/stars or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on the Website or as part of the Service, or transmit to the COMPANY or any other User (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
- You understand and agree that the COMPANY may, but is not obligated to, monitor or review any Content you post on the Website or as part of a Service. COMPANY may delete any Content, in whole or in part, that in the sole judgment of COMPANY violates this Agreement or may harm the reputation of the Website or COMPANY. COMPANY may restrict the number of emails which a User may send to other Users in any 24-hour period to a number which we deem appropriate in our sole discretion.
COMPANY reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Site or Service and terminating or suspending the account of such violators.
Your use of the Site and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the COMPANY may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website in the future; or (v) protect the rights, property or personal safety of the COMPANY or any other person.
You agree that any Content you place on the Website to be viewed by other Users may be viewed by any person visiting the Website or participating in the Service.
COMPANY reserves the right to investigate and/or terminate your account if you have misused the Service or behaved in a way the COMPANY regards as inappropriate or unlawful, including actions or communications that occur off the Site but involve Users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
- impersonate any person or entity.
- solicit money from any Users.
- post any Content that is prohibited by these Conditions of Use.
- "stalk" or otherwise harass any person.
- express or imply that any statements you make are endorsed by the COMPANY without our specific prior written consent.
- ask or use Users to conceal the identity, source, or destination of any illegally gained money or products.
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site, Service or its contents.
- collect usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site.
- interfere with or disrupt the Service or the Site or the servers or networks connected to the Service or the Site.
- email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Site or Service (either directly or indirectly through use of third party software).
- "frame" or "mirror" any part of the Service or the Site, without the COMPANY's prior written authorization.
- use meta tags or code or other devices containing any reference to the COMPANY, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of the COMPANY) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
The Service contains content owned or licensed by Takes Two and Kolbe. This Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and the COMPANY, Takes Two and Kolbe own and retains all rights in the Site and Service Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Service Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site or Service Content.
The Takes Two name and logo are trademarks of Takes Two and Kolbe, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the COMPANY, except in accordance with our brand guidelines, available here: https://www.someplace.../. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Takes Two and Kolbe, and may not be copied, imitated or used, in whole or in part, without prior written permission from the COMPANY.
Although it is the COMPANY’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, COMPANY reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by the COMPANY, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, COMPANY encourages you to maintain your own backup of your Content. In other words, Takes Two is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. The COMPANY will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
COMPANY provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account and you will not be entitled to any refunds.
It is the COMPANY’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, COMPANY does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Takes Two and Kolbe are free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
You acknowledge and agree that neither the COMPANY nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Website or provided in connection with the Service, whether caused by Users or any of the equipment or programming associated with or utilized in the Site or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any User; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or User communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
CONTENT ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TAKES TWO AND KOLBE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Content on this Site may contain technical inaccuracies or typographical errors. Content may be changed or updated without notice. COMPANY may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY reserves the right in their sole discretion to edit or to delete any Content displayed, uploaded to, or distributed, or otherwise published through the Site (other than Content in private e-mail communications).
From time to time, the COMPANY may make third party opinions, advice, statements, offers, or other third party information or content available on the Website and/or through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. COMPANY make no representations whatsoever about any other website which you may access through this one. When you access a third party website, please understand that it is independent from TAKES TWO and KOLBE, and that TAKES TWO and KOLBE have no control over the content on that website. In addition, a link to a third party website does not mean that TAKES TWO and KOLBE endorses or accepts any responsibility for the content, or the use, of such website. TAKES TWO and KOLBE does not maintain the resources that can be accessed from the links provided through the SITE. Consequently, TAKES TWO and KOLBE are not responsible for the contents of any such resources. In addition, TAKES TWO and KOLBE does not make any warranty, express or implied, with respect to the use of the links provided. TAKES TWO and KOLBE does not guarantee the accuracy, completeness, usefulness, or adequacy of any of these resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. COMPANY makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
UNAUTHORIZED LINKS TO THE TAKES TWO AND KOLBE WEBSITE ARE NOT PERMITTED. ANY LINKS WITH THIS SITE MUST BE APPROVED IN WRITING PRIOR TO THE ESTABLISHMENT OF THE LINK. TAKES TWO AND KOLBE ARE NOT LIABLE FOR ANY DAMAGES OR HARM CAUSED BY LINKS TO THIS SITE.
Limitation of Liability
IN NO EVENT AND UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF, OR INABILITY TO USE, THIS SITE AND ITS CONTENTS, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF CONTENT ON THIS SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, UNLESS EXPRESSLY STATED.
IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR ITS CONTENT.
Indemnity by You
You agree to indemnify and hold the COMPANY, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. COMPANY reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the COMPANY in connection therewith.
COMPANY may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Site. Such notices may not be received if you violate this Agreement by accessing the Site or Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Site or Service in an authorized manner.
Entire Agreement; Other
The information provided within the Site and Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject COMPANY to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Site and Service or any portion of the Site and Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that COMPANY provides.
Software related to or made available by the Site or Service may be subject to United States export controls. Thus, no software from the Site or Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Site or Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
ALL INFRINGEMENTS OF THE PROPRIETARY MATERIALS, TRADEMARKED MATERIALS, AND COPYRIGHTED MATERIALS AND INFORMATION INCLUDED IN THIS WEBSITE AND OTHER VIOLATIONS OF THESE CONDITIONS OF USE MAY RESULT IN SEVERE CIVIL AND/OR CRIMINAL PENALTIES, AND SHALL BE PROSECUTED TO THE MAXIMUM EXTENT ALLOWED BY LAW.