TERMS OF USE
AGREEMENT BETWEEN USER AND KLAV
The KLAV Web Site is comprised of various Web pages operated by KLAV.
The KLAV Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of the
KLAV Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
KLAV reserves the right to change the terms, conditions, and notices under which the
KLAV Web Site is offered, including but not limited to the charges associated with the
use of the KLAV Web Site.
LINKS TO THIRD PARTY SITES
The KLAV Web Site may contain links to other Web Sites ("Linked Sites"). The Linked
Sites are not under the control of KLAV and KLAV 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. KLAV is not responsible for webcasting or any other
form of transmission received from any Linked Site. KLAV is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement by
KLAV of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the KLAV Web Site, you warrant to KLAV that you will not
use the KLAV Web Site for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the KLAV Web Site in any manner which could
damage, disable, overburden, or impair the KLAV Web Site or interfere with any other
party's use and enjoyment of the KLAV Web Site. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made available
or provided for through the KLAV Web Sites.
USE OF COMMUNICATION SERVICES
The KLAV Web Site 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. By way of example, and
not as a limitation, you agree that when using a Communication Service, you will not:
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
* Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents.
* Upload files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer.
* Advertise or offer to sell or buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages.
* Conduct or forward surveys, contests, pyramid schemes or chain letters.
* Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
* Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained in
a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication
Services.
* Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
* Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
* Violate any applicable laws or regulations.
KLAV has no obligation to monitor the Communication Services. However, KLAV
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. KLAV reserves the right to terminate your
access to any or all of the Communication Services at any time without notice for any
reason whatsoever.
KLAV 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 KLAV's sole
discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. KLAV does not control or
endorse the content, messages or information found in any Communication Service
and, therefore, KLAV 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 KLAV spokespersons,
and their views do not necessarily reflect those of KLAV.
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.
MATERIALS PROVIDED TO KLAV OR POSTED AT ANY KLAV WEB SITE
KLAV does not claim ownership of the materials you provide to KLAV (including
feedback and suggestions) or post, upload, input or submit to any KLAV Web Site or its
associated services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting KLAV, its affiliated
companies and necessary sublicensees permission to use your Submission 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 your Submission; and to publish your name in connection with
your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. KLAV is under no obligation to post or use any Submission you may provide and
may remove any Submission at any time in KLAV's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE KLAV WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. KLAV AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE KLAV WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
KLAV WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
KLAV AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE KLAV
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
KLAV AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KLAV
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE KLAV WEB SITE, WITH THE DELAY OR INABILITY TO USE THE KLAV WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE KLAV WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE KLAV WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF KLAV OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE KLAV
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE KLAV WEB SITE.
SERVICE CONTACT : robin@hspheremedia.com
TERMINATION/ACCESS RESTRICTION
KLAV reserves the right, in its sole discretion, to terminate your access to the KLAV
Web Site and the related services or any portion thereof at any time, without notice.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of
the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction
and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or
relating to the use of the KLAV Web Site. Use of the KLAV Web Site is unauthorized in
any jurisdiction that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and KLAV as a
result of this agreement or use of the KLAV Web Site. KLAV's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of KLAV's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the KLAV Web Site or
information provided to or gathered by KLAV with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the user and KLAV
with respect to the KLAV Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user
and KLAV with respect to the KLAV Web Site. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an d subject
to the same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this agreement
and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the KLAV Web Site are: Copyright 2010 Advanced Interactive
Marketing,Inc., Hemisphere Media, LLC, and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein are
fictitious. No association with any real company, organization, product, person, or event
is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims
of Copyright Infringement.
AGREEMENT BETWEEN USER AND KLAV
The KLAV Web Site is comprised of various Web pages operated by KLAV.
The KLAV Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of the
KLAV Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
KLAV reserves the right to change the terms, conditions, and notices under which the
KLAV Web Site is offered, including but not limited to the charges associated with the
use of the KLAV Web Site.
LINKS TO THIRD PARTY SITES
The KLAV Web Site may contain links to other Web Sites ("Linked Sites"). The Linked
Sites are not under the control of KLAV and KLAV 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. KLAV is not responsible for webcasting or any other
form of transmission received from any Linked Site. KLAV is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement by
KLAV of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the KLAV Web Site, you warrant to KLAV that you will not
use the KLAV Web Site for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the KLAV Web Site in any manner which could
damage, disable, overburden, or impair the KLAV Web Site or interfere with any other
party's use and enjoyment of the KLAV Web Site. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made available
or provided for through the KLAV Web Sites.
USE OF COMMUNICATION SERVICES
The KLAV Web Site 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. By way of example, and
not as a limitation, you agree that when using a Communication Service, you will not:
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
* Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents.
* Upload files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer.
* Advertise or offer to sell or buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages.
* Conduct or forward surveys, contests, pyramid schemes or chain letters.
* Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
* Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained in
a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication
Services.
* Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
* Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
* Violate any applicable laws or regulations.
KLAV has no obligation to monitor the Communication Services. However, KLAV
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. KLAV reserves the right to terminate your
access to any or all of the Communication Services at any time without notice for any
reason whatsoever.
KLAV 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 KLAV's sole
discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. KLAV does not control or
endorse the content, messages or information found in any Communication Service
and, therefore, KLAV 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 KLAV spokespersons,
and their views do not necessarily reflect those of KLAV.
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.
MATERIALS PROVIDED TO KLAV OR POSTED AT ANY KLAV WEB SITE
KLAV does not claim ownership of the materials you provide to KLAV (including
feedback and suggestions) or post, upload, input or submit to any KLAV Web Site or its
associated services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting KLAV, its affiliated
companies and necessary sublicensees permission to use your Submission 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 your Submission; and to publish your name in connection with
your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. KLAV is under no obligation to post or use any Submission you may provide and
may remove any Submission at any time in KLAV's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE KLAV WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. KLAV AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE KLAV WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
KLAV WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
KLAV AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE KLAV
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
KLAV AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KLAV
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE KLAV WEB SITE, WITH THE DELAY OR INABILITY TO USE THE KLAV WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE KLAV WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE KLAV WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF KLAV OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE KLAV
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE KLAV WEB SITE.
SERVICE CONTACT : robin@hspheremedia.com
TERMINATION/ACCESS RESTRICTION
KLAV reserves the right, in its sole discretion, to terminate your access to the KLAV
Web Site and the related services or any portion thereof at any time, without notice.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of
the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction
and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or
relating to the use of the KLAV Web Site. Use of the KLAV Web Site is unauthorized in
any jurisdiction that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and KLAV as a
result of this agreement or use of the KLAV Web Site. KLAV's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of KLAV's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the KLAV Web Site or
information provided to or gathered by KLAV with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the user and KLAV
with respect to the KLAV Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user
and KLAV with respect to the KLAV Web Site. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an d subject
to the same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this agreement
and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the KLAV Web Site are: Copyright 2010 Advanced Interactive
Marketing,Inc., Hemisphere Media, LLC, and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein are
fictitious. No association with any real company, organization, product, person, or event
is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims
of Copyright Infringement.
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