Terms of Service

Last revised November 1 2012

By using KPI Library services (“Service”) owned by KPI Library B.V. (“KPI Library”) a wholly owned company of Mirror42 Holding B.V. (“Mirror42″), a wholly owned company of ServiceNow (“ServiceNow”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

KPI Library provides free Services.

KPI Library reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account. While KPI Library prohibits such conduct and Content on the Service, you understand and agree that KPI Library cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
  5. You are responsible for maintaining the security of your account and password. KPI Library cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  7. If you are using a free account you are not permitted to block ads.
  8. One person or legal entity may not maintain more than one free account.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Contractual Conclusion

In case of a paid Service, the offer for a contractual conclusion emanates from the customer as soon as he/she has clicked upon the field “Order now”. Only upon the assignment and transmission of the transaction number by KPI Library B.V. to the customer (by email) is a contract between the customer and KPI Library B.V. concluded.

Payment, Refunds, Upgrading and Downgrading Terms

In case of paid Services.

  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  2. An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  5. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. KPI Library does not accept any liability for such loss.

Cancellation and Termination

In case of paid Services.

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. KPI Library, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. KPI Library reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. KPI Library reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the KPI Library Site (www.kpilibrary.com) or the Service itself.
  3. KPI Library shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email (support at kpilibrary dot com).
  3. You understand that KPI Library uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, KPI Library, or any other KPI Library service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by KPI Library.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any KPI Library customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by KPI Library) of other KPI Library customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  12. KPI Library does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  13. You expressly understand and agree that KPI Library shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KPI Library has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  14. The failure of KPI Library to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and KPI Library and govern your use of the Service, superseding any prior agreements between you and KPI Library (including, but not limited to, any prior versions of the Terms of Service).

Content Ownership

KPI Library does not claim ownership of the materials in your own Account. By explicitly posting, uploading, inputting, providing or submitting your content to public section of KPI Library (“User-posted Content”), you are granting KPI Library, its affiliated companies and necessary sublicensees permission to use User-posted Content in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User-posted Content; and to publish your name in connection with User-posted Content. KPI Library reserves the right to use aggregated meta-data of materials in your own Account in connection with the operation of their Internet businesses including, without limitation, statistics on usage.

No compensation will be paid with respect to the use of User-posted Content, as provided herein. KPI Library is under no obligation to post or use any User-posted Content you may provide and may remove any User-posted Content at any time in KPI Library’s sole discretion.

By posting, uploading, inputting, providing or submitting User-posted Content you warrant and represent that you own or otherwise control all of the rights to your User-posted Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit User-posted Content.

KPI Library does not pre-screen User-posted Content, but KPI Library and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

User-posted content, unless source quoted, is licensed under a Creative Commons Public Domain License.

USE OF COMMUNICATION SERVICES

KPI Library may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

KPI Library has no obligation to monitor the Communication Services. However, KPI Library reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. KPI Library reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

KPI Library reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in KPI Library’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. KPI Library does not control or endorse the content, messages or information found in any Communication Service and, therefore, KPI Library specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized KPI Library spokespersons, and their views do not necessarily reflect those of KPI Library.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

LINKS TO THIRD PARTY SITES

KPI Library may contain links to other Web Sites (”Linked Sites”). The Linked Sites are not under the control of KPI Library and KPI Library is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KPI Library is not responsible for webcasting or any other form of transmission received from any Linked Site. KPI Library is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KPI Library of the site or any association with its operators.

COPYRIGHT AND TRADEMARK

All contents of KPI Library Web Sites are: Copyright 2004-2012 Mirror42 B.V. and/or its suppliers. All rights reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

TERMS OF SERVICE CONTACT

Questions about the Terms of Service should be sent to info (at) kpilibrary (dot) com