Last updated November 20, 2023 – Added basic terms of service – rules of engagement.
We added these terms first to ensure you understand what we do NOT allow on the Known Universe:
People in the Known Universe may have had traumatic experiences. This is a people-friendly site where we should be able to hang out without additional trauma. Here’s a brief list of restrictions in the Known Universe:
It’s okay to have differences of opinion – but we expect people to be respectful.
Thank you for using the services of the Known Universe. We build services for small businesses, hobbyists, and anyone who wants to take control of their social media and community building experiences.
These Terms of Service set out the terms that apply to your use of our Website and Services. We may change these terms from time to time. If we do, we shall post a revision of these Terms at https://stage.ur-known.com/terms-of-service and your continued use of Services shall be subject to such revised terms.
These Terms of Service apply between you and Known.
Our Services include:
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove items from, redesign, improve or otherwise alter our Services at our sole and absolute discretion.
3.1 Your Account and Information Provided
You are required to create an Account and specify a password in order to use the Services or certain features included in the Services. This improves privacy on the site.
By creating an Account, or using our Services, you represent and warrant that:
Customers who use payment processing services through PayPal to create subscriptions are required to provide all information necessary to enable PayPal to verify your identity and ownership of bank accounts, including:
You authorize PayPal to store the payment credentials for future scheduled or unscheduled transactions. Known stores partial information about your subscription without any credit card or personal financial details.
You must promptly advise PayPal in advance of any changes to the information provided including your contact details, operations, banking relationships, or other information that would require a change in the support, operation, or configuration of the Services(s). This may be done via your Account or in accordance with the Notification Policy below.
You must not share your Account with anyone else. Known has no liability for any unauthorized action or loss resulting from or relating to shared Account details.
The Services are provided on an annual subscription basis unless otherwise agreed in writing.
Either you or Known may terminate the Services at any time upon 30 days’ prior written notice to the other party, delivered in accordance with the Notification Policy. Members with PayPal subscriptions must communicate with PayPal to change their account information. Known has no access to this information.
Known also reserves the right to:
You will remain liable for all obligations related to your Account even after it is closed. In particular, you will be responsible for any and all chargebacks, refunds, and any other fees associated with payment processing services following termination.
You are responsible for downloading and transferring any Customer Content or Media Content you wish to retain or re-use following termination or deleting that Customer Content from your Account. This must be done before termination.
You acknowledge that in the event of account termination or service cancellation, any Known provided email addresses associated with your Account shall remain with Known or may be released. You acknowledge that You are solely responsible for working with a third-party provider to establish any new numbers in connection with the termination or service cancellation of your Account and for notifying any third parties of your change in number.
KNOWN NOTIFICATION: For requests for change of Services under this Agreement, including cancellations, or to provide notice of other changes impacting your Account please use your Customer Account login or Organization Administrator login to communicate directly to the Known Universe Administrator, or send an email to your account manager and copy su*****@******wn.com. For PayPal account information, contact PayPal and make your changes there. Known has no access to your PayPal account or the information therein.
CUSTOMER NOTIFICATION: For service change notifications, we will communicate via your login area and/or directly to your Customer or Organization Administrator email address as provided to us. Known has no access to your PayPal account or the information therein.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS KNOWN AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review Customer Content or Media Content before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS KNOWN AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review Customer Content or Media Content before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Customers who use Known’s services must comply with the following:
Some of the Services allow the Customer (or its Organization Administrators or Authorized Users) to enter data into the Services. This may include information related to third party individuals – for example, the names and addresses and other information relating to the Customer’s members, and any donations from those members (“Customer Content”).
Customer shall bear all responsibility for Customer Content. In particular, you will be responsible for the accuracy, quality and legality of all your Customer Content, the means by which you acquired Customer Content, your use of Customer Content with the Services, and the interoperation of any non-Known applications you use in conjunction with the Services or Customer Content.
You hereby represent and warrant to Known, and agree that during the Term, you will ensure that:
By integrating your YouTube channel or Playlist with any Known Services you agree to be bound by YouTube’s Terms of Services ( https://www.youtube.com/t/terms) and our Privacy Policy which includes reference to data associated with your use of YouTube’s services and acceptance of Google Privacy Policy.
The Services may contain interactive features that allow Customers to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “Media Content”) on or through the Services for use by Known and other Customers and Authorized Users. All Media Content must comply with the Acceptable Use Policy.
You hereby represent and warrant to the Known Universe that:
You understand and acknowledge that you are responsible for any Media Content you submit or contribute, and you, not Known, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any Media Content posted by you or any other user of the Services.
As your sole and exclusive remedy for any Errors, Known will endeavor to rectify any Error we determine to be solely Known’s fault, for example, by appropriately crediting or debiting your Account for the difference in credits or debits due to our Error.
In no event will Known’s liability in connection with the services, including any software provided here under, or any error whether caused by failure to deliver, non-performance, defects, breach of warranty or otherwise, exceed the aggregate service fees paid to Known by customer during the 3-month period immediately preceding the event giving rise to such liability.
Known cannot guarantee continuous service, service, at any particular time, information, or content stored or transmitted via the internet. Known will not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of data, information or content transmitted, received, of stored on its system, subject to applicable data breach notification laws.
Neither party shall be liable in any way to the other party or any other person for over draft fees, insufficient funds, inaccurate reporting, any lost profits or revenues, loss of use, loss of data or costs of procurement of substitute goods, licenses or services or similar economic loss, or any punitive, indirect, special, incidental, consequential or similar damages of any nature, whether foreseeable or not, under any warranty or other right here under arising out of or in connection with the performance or non-performance of any order, or for any claim against the other party by a third party, regardless of whether it has been advised of the possibility of such claim or damages.
Subject to Clause 8 and the provisions of Known GDPR Data Protection Addendum, wherever applicable:
The Website may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third-party websites and are therefore not responsible for the content of any third-party website or any hyperlink contained in a third-party website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship, or approval by us of a third-party website or the products or services offered at a third-party website. Your visit to a third-party website is entirely at your own risk.
Each party will not, without the prior written consent of the other party, use or disclose to any person any Proprietary Information of the other party disclosed or made available to it, except for use of such Proprietary Information as required in connection with the performance of its obligations or use of the Services or as otherwise provided hereunder. Each party will (i) treat the Proprietary Information of the other party as secret and confidential, (ii) limit access to the Proprietary Information of the party to those of its employees who require it in order to effectuate the purposes of this Agreement, and (iii) not disclose the Proprietary Information of the other party to any other Person without the prior written consent of the other party.
Each party acknowledges that disclosure of any aspect of the Proprietary Information of the other party shall immediately give rise to continuing irreparable injury to the other party inadequately compensable in damages at law, and, without prejudice to any other remedy available to the other party, shall entitle the other party to injunctive or other equitable relief. Upon expiration or termination of these Terms of Service for any reason, each party shall promptly return to the other party all Proprietary Information of the other party (including all copies thereof) in its possession or control.
Our Privacy Policy describes in more detail how Known processes personal data. You should read that Privacy Policy and use the information it contains to help you make informed decisions.
Known and the Customer shall comply at all times with their respective obligations under Applicable Data Protection Legislation. In particular, the Customer is responsible for compliance with Data Protection laws that apply to them in relation to all Customer Content and all Customer-Collected Personal Data.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
Dianne M Blake
c/o Known Universe
1028 Studebaker Way
Prescott, AZ, 86301
928-227-3964
dm**@******wn.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
These Terms of Service, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. No additional terms or conditions relating to the subject matter of these Terms of Service shall be effective unless approved in writing by any authorized representative of you and Known.
All notices and demands required or contemplated hereunder by one party to the other shall be in writing and, unless otherwise specified, shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses set forth below.
Known address for notice:
The Known Universe
1028 Studebaker Way
Prescott, AZ, 86301
Attention: Known Administrator
Known may give written notice to Customer via e-mail to the Customer’s e-mail address as maintained in Known’s user account records. Either party may change its address or facsimile number for purposes of these Terms of Service by notice in writing to the other party as provided herein.
No failure or delay by any party hereto to exercise any right or remedy here under shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further the exercise of any other right or remedy. No express waiver or assent by any party here to to any breach of or default in any term or condition of these Terms of Service shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition here of.
You may not assign or transfer these Terms of Service, or any of its rights or obligations hereunder, without the prior written consent of Known.
Known may assign its rights and obligations under these Terms of Service and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent (unless otherwise agreed). These Terms of Service shall be binding upon and shall inure to the benefit of the parties here to and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under these Terms of Service (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations here under.
Customers using the Services agree that during the term of these Terms of Service, Known may publicly refer to Customer, orally and in writing, as a customer of Known. Any other public reference to Customer by Known requires the written consent of Customer.
These Terms are governed by and construed in accordance with the laws of Arizona, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Phoenix, Arizona, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
If there is a dispute, claim or controversy arising out of or relating to the breach, termination, enforcement, interpretation or validity of any provision of these Terms of Service, either party may commence arbitration by providing a written demand for arbitration, setting forth the subject of the dispute and the relief requested. Arbitration will then be conducted in accordance with the following:
For disputes where the Customer is located in the United States, or where the Customer otherwise elects, by arbitration in Phoenix, Arizona before a single arbitrator in accordance with the following:
Customers not located in the United States have the option to elect arbitration under the London Court of International Arbitration (LICA) Rules, which Rules are deemed to be incorporated by reference into this clause. For those disputes:
Nothing in this paragraph precludes the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
You agree to defend, indemnify, and hold harmless Known, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, Customer Content and Media Content, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Service.
Unless the terms and conditions of the Terms of Service explicitly state otherwise, expressions used in the Terms of Service have the following meanings:
Account means an account established to access the Services, including where it is opened for you to test the Service or for the purpose of demonstration.
Applicable Data Protection Legislation means a relevant law concerning the collection, use and disclosure of information which may identify an individual, where that law is binding on both Known and the Customer, which may include:
Authorized Users are users who are granted permission to access the Services by either (i) a Customer, (ii) an Organization Administrator, or (iii) another Authorized User that has been given the permissions to add additional Authorized Users by an Organizational Administrator.
Customer means any organization or individual who establishes an account with Known or uses a Service but does not include Members or Donors.
Customer-Collected Personal Data means personal data processed by the Customer in the course of or relating to using the Services.
Donors are individuals who use the Giving service to donate to their organization or individual (a Customer) of choice.
Error includes an Unauthorized Transaction, a transaction that is missing from or not properly identified in your Known account statement, a computational or mathematical error related to your Account.
EU GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of Personal Data, and repealing Directive 95/46/EC.
Law means any law applying to the provision or use of the Services.
Members are individuals who are usually associated with a Customer (for example, members of a Customer congregation). Members may access the Services via an Authorized User account. Information including Customer Content about Members may be entered into a Service directly by the Member or by a Customer.
Known means the Known Universe LLC (legal name) or the Known Universe (site name) at https://stage.ur-known.com.
Organization Administrator means any user who has been granted permission to manage, access or make decisions concerning a Customer’s Account by the owner of that Customer Account.
Personal Data, for information for which the Applicable Data Protection Legislation:
Plugins means all WordPress plugins owned and designed by Known.
Service means any service provided by Known including WordPress plugins, Websites, Events, Media, and Applications.
Service Fee means the transaction fee or pricing listed for the relevant Service on the “Pricing” pages of the Website. See these two pages:
Term means the period of time referred to in clause 3.2.
Unauthorized Transaction includes any transaction where an amount is debited or credited to an Account without authorization.
You means a person or entity using the Services or visiting the Website (and includes Customers and Donors).
Website means, as the circumstances require, the websites located at https://stage.ur-known.com.
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