Terms and Services

Welcome to Konstella! This agreement describes your rights and responsibilities as a Konstella member and what you can expect from us.

Eligibility and School Verification. You may not share your account password with anyone else (even a family member living in your home with you). Konstella members use their real names, not pseudonyms. You are a parent or a guardian of a child at the school you are verified by. If you are under 13 years old, do not use our website or provide any data to us.

Our website seeks to allow parents to communicate amongst themselves. You may obtain a Konstella account only for the schools where your children are in, and we require members to verify their identities. It is not OK to join a school where you do not have a child in or to submit inaccurate registration information. Providing false registration information violates our norms and could constitute a crime. Although we make efforts to verify members’ roles at schools, please do not assume our verification processes are perfect.

Third Party Marketing. We know that you do not want marketing from third party marketers, so we do not turn over your personally identifiable information to third party marketers. See our full privacy policy. Konstella is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. If your parent organization decides to participate in our Amazon program, shopping links to Amazon could be shown on your Konstella website.

Content. You retain all ownership rights to the text, photos, videos and other content you submit to Konstella (collectively, your “Content”). We can publish your Content in your school or district websites as described in our privacy policy. You may not provide us with any Content you don’t have the right to publish or that is defamatory, infringing, illegal or otherwise tortious. If you believe Content on Konstella infringes your copyright, please contact us. Your notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3).

Account Termination. We can cancel or suspend your account or other privileges, or otherwise refuse service to you, if you violate this agreement or our other policies, infringe IP repeatedly, or engage in unfriendly behavior via the website.

Liability Limits. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH KONSTELLA.COM, OUR SERVICES OR THIS AGREEMENT. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100. Some jurisdictions do not allow damages exclusions, so they may not apply to you.

Governing Law/Arbitration. This agreement is governed by California law as it applies to agreements entered into and to be performed entirely within California between California residents. Any claim or dispute regarding Konstella must be resolved exclusively by a federal or state court located in San Jose, California, except as otherwise agreed by the parties or as described in the next paragraph. You submit to the personal jurisdiction of courts located in San Jose, California for litigating such claims or disputes.

For any claim (excluding claims for injunctive or other equitable relief) where the total relief sought is less than $10,000, the party seeking relief may choose binding non-appearance-based arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration must be conducted via only a combination of phone, the Internet and written submissions (the party initiating arbitration may select the specific manner); the arbitration shall not involve personal appearance by the parties or witnesses unless otherwise mutually agreed; and the arbitrator’s judgment may be entered in any court of competent jurisdiction.

Integration. This agreement and our privacy policy (which is hereby incorporated into this agreement) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters. We can amend this agreement or the privacy policy by sending an email announcement to you unless we let you opt-out of such email and you’ve done so; and you can terminate your account if you disagree with the new terms. Otherwise, this agreement may be amended only by a writing physically signed by both us and you. Our suppliers are third-party beneficiaries of this agreement, but no one else is.

No Warranty. KONSTELLA AND ITS SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of the site or our system will work properly or continuously. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.

General. This agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Any unenforceable portion of this agreement shall be enforced to the maximum extent possible, and the remaining portions shall be given full effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our control.

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