Terms of Use

1. About the service

Under the domains www.kezera.com and www.kezera.de the operators of this website (hereinafter »we«) offer a service (hereinafter »Kezera«) for the presentation of time-bound statements relating to a fictional future. Kezera enables its users (hereinafter »user« or »you«) to create, publish and disseminate content to other internet platforms and to agree, disagree and add comments to the content of other users.

2. Affirmation of contract

Through the use of the service, the content and services of Kezera you accept these terms of use and our privacy policy. You are fully responsible for your use of the service as well as for any content posted by you and any possibly resulting consequences.

3. Availability and limitations of the service

Kezera is offered by us »as is«. We do not guarantee full availability of the service or parts of it. You are responsible for the protection and preservation of your content. You can request the transmitting, editing or deleting of your data from us. However, such an obligation on our part does not exist.
We reserve the right to block or remove user accounts or content from the system in necessary cases without stating reason. If we have reason to believe that a user uses the service in breach of these terms of use or applicable law, we also have the right to disclose personal data to appropriate authorities (e.g. Federal Institutions) and, if necessary, to take further steps. For more information please see our privacy policy.

4. Changes of the service

We reserve the right to cease or modify the service, completely or in part, for all or individual users. We also reserve the right to add new services and elements, including promotional features. We will usually announce such changes on time and at a suitable location (e.g. via e-mail). By continuing to use the service after such changes take effect, you agree to them.

5. Participation and registration

To create and publish content on Kezera, a free registration is required. For any registration, we need at least the following information from you: a username, your e-mail address and a secure password. You also have the opportunity to sign up with an existing Facebook or Twitter account. In this case, the assignment of a password is optional. Each user must keep his password secret and protect his account from abuse.
In order to react (vote and comment) on private contents (see 6.) no prior registration is needed.
There is no entitlement for the participation in Kezera.

6. Public and private content

Certain contens on Kezera can be published as ‘public’ or ‘private’.
Public contents are fully accessible for all visitors of Kezera from the moment of publishing.
Private contens however don’t appear in the public area of the website and are saved under a especially long and random URL, of which initially only you, the creator, are aware. As it is possible to call up and comment a private content without a prior registration for everybody who knows the appropriate URL, the passing on of such a link to other persons is at your own risk.

7. Copyright, licensing and use of the content

You retain the full rights to all of your content on Kezera. If you anonymize content on Kezera or if you close your account, these rights remain preserved, but are (publicly) not assignable to you.
By using the service you agree to preserve the rights of third parties. If it is suspected that a user spreads copyrighted material or copies the contents of other users repeatedly, we will (after we have been informed and if necessary) react appropriately (e.g. by deleting such content).
With the use of Kezera, you grant us a spacially and temporarily unrestricted, royalty-free and non-exclusive license for your content, including the right to sublicense it to third parties. This includes the reproduction, distribution, processing, exhibition, transmission, and public or commercial reproduction of this content in any manner chosen by us. Your responsibility for your contents is not affected through such use. A public usage of your private contents is excluded.
You allow us to approach you via your stored contact information (e.g. e-mail address) in cases concerning the use of the service.
We may use any information you give us on a voluntary basis (e.g. correspondence via e-mail) in accordance with statutory provisions at our own discretion and without anything in return.
All components of the service, which do not consist of user-generated content and are made available by us (e.g. logo, text, etc.) are subject to german copyright laws and remain our property. They may not be reproduced, processed, distributed or otherwise used without prior written consent. Copies of the website or any parts of it may be only made for private use. If we use content and services from third parties, the rights of that third party are taken into account. If, contrary to our expectations, a copyright infringement comes to our attention, we will remove such content from the site immediately, respectively clarify the rights.

8. Forbidden content and uses

The following contents and activities are prohibited on Kezera: Content of, and links to, websites that are unlawful, offensive, pornographic or contrary to the protection of minors, or which damage or reduce the honor or business reputation of natural or legal persons.
The breach of copyright and trademark laws, the discrimination of others, violations of common manners and any use of the service for commercial purposes.
Bypassing authentication measures, unauthorized intrusion and manipulation of user accounts and publishing content on behalf of other users.
The automated or manual reading of data for the purpose of creating your own search systems, services and directories based on the contents of Kezera. The massive creation of content (»spam«), taking advantage of technical errors, and any activities that interfere with the operation of Kezera.

9. Links to external websites

The content created by users and user accounts may contain links to external websites and third party offers. For the availability, accuracy or safety of these offers, we do not assume any responsibility or liability.
Despite careful examination at the time of setting the link, we assume no liability for websites which are linked by us. For the contents of external websites, the respective owners are solely liable.

10. Liability of the operator

All contents provided by us – which excludes user-generated content and information – were created with the utmost care. For the long-term accuracy, completeness and topicality of the content, we can not take any responsibility. For all contents and activities generated by you, we are not liable.
Any liability, reimbursement and compensation for losses or damage arising directly or indirectly from the use or malfunction of this website is excluded unless they are based on intent or gross negligence on our part.

11. Liability of the user

The use of Kezera and related services is at your own risk. You are fully liable for all activities and contents that are created and passed on to other services from your user account.

12. Exemption from claims of third parties

You keep us indemnified from any claims against us or you levied by third parties as a result of your use of Kezera. This also applies for any process and comparable costs.

13. Dissociation of foreign contents

The content that is posted by users on Kezera does not reflect our opinions but are solely statements of the respective users. By using Kezera you accept a possible confrontation with offensive, false or otherwise misleading or confusing content and exclude any legal action against us concerning this matter.
In accordance with §§ 8 to 10 TMG (german code of law), we can’t and won’t monitor the content created by users and investigate circumstances that indicate unlawful content or activity constantly and properly. We are not responsible for the truth and the safety of the contents published by users. Our obligation to delete content and to restrict the use of the service according to applicable laws remains unaffected thereof. This however can only be fulfilled by us, after we are informed about appropriate contents. After we become aware of misuse, we will remove such contents immediately and take further steps if necessary.

14. Termination of use

For the termination of use of Kezera, no special cancellation is necessary. Your account is maintained in case you want to use the service again later. If you still want to close your account, you can do this in the settings of your account. All your personal data (such as username, profile picture, etc.) are thus made inaccessible to the public. Your created content will continue to be accessible to the public after the closure of your account, but will be anonymized, meaning that it is longer assigned to your former username.
Please note that closing your account is final, can not be reversed and that the username and e-mail address of a closed account are no longer eligible for a re-registration at Kezera.

15. Privacy information

All information and contents that you create, save and publish on Kezera will be handled in accordance with our privacy policy.

16. Changes to this terms of use

We may update these terms of use from time to time and will inform you about significant changes on time and at a suitable location (e.g. by e-mail). The latest and valid version of these terms of use is always available at http://kezera.com/en/terms-of-use. By using Kezera after new terms of use take effect, you agree with them.
If any part of these terms of use are or become invalid, contain a gap or cannot be enforced by us, it does not waive this provision, nor does it change the validity of the remaining provisions.

This terms of use are valid from April 23rd, 2012.
In case you have any questions concerning this terms of use, please send us an e-mail to hello@kezera.com