THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEB SITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THIS WEB SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY KELBY MEDIA GROUP, INC. TO ACCESS OR OTHERWISE USE THIS WEB SITE. BY PROCEEDING TO ACCESS THIS WEB SITE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.
THE KELBY MEDIA GROUP, INC. USER AGREEMENT
This User Agreement applies to and is provided on behalf of Kelby Media Group, Inc. and the Kelby Media Group family of companies (collectively referred to as “We,” “Us,” or “Our”). This Agreement contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (the “User,” “You” or “Your”) may access and use this web site (also referred to as the “Site”).
Terms and Conditions of Use
1. Nonexclusive License
This Agreement provides You with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on Your continued compliance with the Terms and Conditions of this Agreement. You may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. As a further condition of use of this Site, You warrant to Us that You will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. We reserve the right to terminate Your access to the Site in the event that You violate these Terms and Conditions, or for any reason whatsoever.
2. Corrections and Changes
While We endeavor to keep the materials on the Site up to date, We cannot and do not assume responsibility for any errors or omissions in these materials. We further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. We may make changes to these materials, or to the products or services described herein, at any time without notice, and make no commitment to update the information contained herein. If You do become aware of an error, please contact us.
4. Our Intellectual Property Rights
All material contained on this Site is protected by law, including but not limited to, United States trademark and copyright law, as well as state, national, and international laws and regulations. We own a copyright in the Site as a collective work and/or compilation, and in the selection, arrangement, enhancement, and coordination of the content on this Site. Unless otherwise indicated, all content on the Site is copyrighted by Us, with all rights reserved.
The logos and all other trademarks, names, logos, and icons identifying Our goods and/or services are Our proprietary marks, unless otherwise indicated. All other product and company names and other marks mentioned herein are the property of their respective owners. Except as expressly provided herein, We do not grant any express or implied right to You to use any copyright, trademark, service mark, logo, and/or trade name that appears on the Site.
5. Copyright and Intellectual Property Agent for Notice
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We reserve the right to remove any material or Content on the Site which allegedly infringes another person’s intellectual property or privacy rights or which is defamatory. If you believe that any materials on this Site infringe any copyright or other intellectual property interest, please provide Us with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property interest that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Our Copyright and Intellectual Property Agent for Notice of claims of alleged copyright or other intellectual property infringement on the Site is:
Kelby Media Group
ATTN: Intellectual Property Agent
333 Douglas Road East
Oldsmar, FL 34677
Tel. 813.749.4000 x152
Note: The contact information above is provided exclusively for notifying Us of copyright or other intellectual property infringement.
6. User Name, Profile Name, and Password Policy
Your use of certain portions of this Site may require registration and the designation of a user name, profile name and associated passwords (collectively “IDs”). By agreeing to these Terms and Conditions, You agree to be solely responsible for the confidentiality and use of Your respective IDs, as well as for any communications entered through the Site using Your IDs. You must also immediately notify Us if You become aware of any unauthorized use, loss or theft of Your IDs. We reserve the right to delete or change your IDs at any time and for any reason.
Any photograph, information, know-how, idea, suggestion, material, or other content provided to Us or posted on this Site, including posts in a forum or photo gallery, will be collectively referred to herein as a “Submission.” When providing a Submission you agree to abide by the Code of Conduct below. You retain ownership and in no way surrender any copyright in Your Submission, unless otherwise agreed. A Submission not owned by You or for which You have no permission to submit will be considered a violation of this Agreement, and may be a violation of federal and/or state intellectual property and/or other applicable laws. You specifically represent that for any Submission provided to Us it is (i) your original work, or is properly licensed, and does not violate the copyright or any other personal or property right of any third party, and that (ii) You have obtained any and all releases and permissions necessary for posting the work.
Any Submission received through this Site will be deemed to include to Us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, republish, transmit, disseminate, distribute, perform, and publicly display all content, remarks, suggestions, ideas, graphics, or other information in the Submission, in whole or in part, without additional approval, to incorporate any Submission in other works in any form, media, or technology now known or later developed, in connection with this Site and Our affiliated web sites and publications. We will not be required to treat any Submission as confidential.
We provide no compensation for Your Submission or for Our use of a Submission. We will not sell individual reproductions of your Submission. We assume no responsibility or liability for the timeliness, deletion, delivery failure or failure to store images.
You agree and warrant that any Submission conforms to our policies and guidelines concerning the size, length, format, subject, relevancy and content. Content that we deem unacceptable, inappropriate and/or objectionable would be the following, which list is not a complete or comprehensive list and may be amended at any time:
* Full frontal nudity
* Suggestive poses, implied pornography
* Contains racial, religious prejudice and/or is offensive to people of a certain race and/or religion
* Content depicting hate or malice towards minorities, religion, etc.
* A fully digital manipulated image where NONE of the sources are your own photographic work
* Copyrighted material posted without permission
* Threatening, vulgar, harmful content
We provide no guarantee that a Submission will be posted or published. We reserve the right to refuse to post, or may remove at any time, any Submission received through this Site for any reason.
8. Photo Gallery
A photo gallery may be provided to Our Subscribers. If so, the photo gallery services are provided “as is” and can be modified or discontinued by Us at any time without notice or liability to any user or third party. Individual images or entire galleries may be removed without prior notice. All submissions to the photo gallery must comply with the terms of this User Agreement.
9. Code of Conduct
You agree not to do the following:
* Use the Site for any unlawful purposes.
* Restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation: (a) using, or attempting to use, any account without the User’s permission, (b) obtaining or soliciting another User’s password or other personal information under false pretenses, or (c) impersonating another User or otherwise misrepresenting Yourself to Us, the Site’s systems, or other entities.
* Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, (b) accessing, or attempting to access, any portion of the Site that You are not authorized to access; and/or (c) modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site. Unauthorized access (or attempts) may subject You to civil and/or criminal penalties.
* Post, store, or transmit any unlawful, harassing, inflammatory, libelous, threatening, false, defamatory, abusive, obscene, harmful, vulgar, nude, pornographic, profane, or otherwise objectionable, as determined by Us.
* Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation.
* Post, store, or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose, and subject to applicable Site rules.
* Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
* Use the Site to post, store, or transmit materials in violation of another party’s copyright or other intellectual property rights. You are solely responsible for determining whether any material You post, store, or transmit is subject to a third party’s rights.
* Misuse any e?mail information available on or through the Site. This includes, without limitation, sending unsolicited commercial e?mail to any User, bulk e?mails, “spam,” chain letters, “mail bombs,” or other disruptive transmissions.
10. Law Enforcement
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For Your protection, We reserve the right to view, monitor, and record activity on the Site without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. We will also comply with all court orders involving requests for such information.
11. Confidentiality of Site
While We endeavor to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, We and our Affiliates are not responsible for the security of any information transmitted via the Internet. You assume the sole and complete risk for using this Site.
12. Third-Party Information and Web Sites
Certain information from third parties or independent information providers may be made available on or through links from this Site for Your convenience in locating related information and services. Such information is provided “as is” and on an “as available” basis and is maintained by third parties over which We exercise no control. We make no representation about, nor do We guarantee or endorse the reliability of the information. Likewise, We do not endorse, oppose or edit any opinion or analysis expressed by any third-party information provider.
WE MAKE NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD?PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD?PARTY SITE.
We do not endorse, and shall not be liable in connection with, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Use of third?party sites is at Your own risk.
13. Advertisers on this Site
We, in Our sole discretion, may post advertisements of third parties on the Site. Your correspondence or any other dealings with advertisers found on this Site are solely between You and such advertiser. You agree that We shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, We shall not be responsible or liable for the statements or conduct of any third party on this Site. You shall not knowingly or intentionally interfere with the display of such advertisements.
14. Disclaimer of Warranty and Limitation of Liability
Use of this Site is entirely at Your own risk and is subject to all applicable state, national and international laws and regulations. ALL MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON?INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, AND/OR PUNITIVE DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE SITE; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE SITE; (C) ANY BREACHES OF SECURITY INVOLVING THE SITE OR YOUR ACCOUNT, ANY LACK OF AVAILABILITY AND/OR OPERATIONAL PROBLEM OF THE SITE; AND/OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT AND/OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
15. Term and Termination
This Agreement will take effect at the time You begin using this Site (thereby indicating acceptance of these Terms and Conditions). We reserve the right at any time and for any reason to deny You access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
16. Limitation of Service
We reserve the right to limit, in Our sole discretion, the availability of the Site and/or the provision and quantity of any product, service, and/or information to any person, geographic area, or jurisdiction it so desires. Any offer for any service, and/or information made in connection with the Site is void where prohibited.
You will defend, indemnify, and hold harmless Us and all of Our employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, demands, proceedings, damages, injuries, liabilities, losses, costs, and/or expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from Your use of the Site, any breach by You of this Agreement, and/or any other matter for which You are responsible hereunder or under law.
Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
19. Governing Law & Dispute Resolution
The validity, construction, and performance of these Terms and Conditions shall be construed in accordance with the laws of the State of Florida. Any disputes arising in connection with these Terms and Conditions shall be resolved by binding arbitration in the State of Florida by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. The award shall be enforceable in any court having jurisdiction thereof. Exclusive venue for such arbitration shall be in Pinellas County, Florida.
The Site is controlled and operated by Us from Our offices within the United States. We make no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If You choose to access this Site from other locations, You do so on Your own volition and are responsible for compliance with any applicable local laws.
20. Costs & Attorneys’ Fees
In any action to enforce this Agreement, the prevailing party will be entitled to reasonable costs and attorneys’ fees.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
22. No Agency
No joint venture, partnership, employment, or agency relationship exists between you and Us as a result of this Agreement or Your utilization of this Site.
23. Entire Agreement/Reservation of Rights
23. Use of Agreement in Judicial/Administrative Proceedings
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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.