| K-grams, Inc. Terms of Use |
Welcome to the K-grams, Incorporated website. Please
review these Terms of Use which govern your use of our website.
By accessing, browsing, or using this site, you acknowledge that
you have read, understand, and agree to be bound by the terms
and conditions outlined below. If you do not agree to these terms,
then please do not use this site.
We reserve the right to, at our discretion, change, modify, add
or remove portions of these terms at any time. Notices to you
may be made via email or via notices posted on the website. If
you continue to use the site after we have posted changes to the
terms, it means you have accepted those terms.
Site Contents, Ownership,
and Use Restrictions
Privacy
Comments, Feedback, Postings,
and other Information Submissions
Appropriate Online Conduct
and Content
Users Under 13
Security
Links to Third-Party Sites
Disclaimer of Liability
Indemnification
Trademark Information
Copyright Information
Claims of Copyright Infringement
Site Contents, Ownership, and Use Restrictions
The information contained in this website including all images,
illustrations, designs, photographs, videoclips, iPIX photos,
writings and other materials that appear herein are copyrights,
trademarks, trade dress or other intellectual property owned,
controlled, or licensed exclusively by K-grams, Inc. The name
K-grams and the K-grams logo are registered marks. Except for
personal or internal use, they may not be copied, distributed,
republished, uploaded, posted, displayed, reproduced, or transmitted,
in any form or by any means, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission
of © K-grams 2002.
You are not allowed to post or distribute any material from this
site which you do not own or do not have permission to use. Violation
of this policy may result in copyright, trademark, servicemark,
or other intellectual property rights violation and subject you
to civil or criminal penalties.
Privacy
We take your privacy seriously. Please view our privacy policy
for information on our commitment to your safety and privacy.
When you leave our site, and/or enter into transactions with or
provide information to other companies providing content to the
Service, you will be subject to their privacy policies.
Comments, Feedback, Postings, and other Information Submissions
You agree that any material, information, and ideas that you
transmit to this site or otherwise provide to K-grams ("submissions")
shall be and remain K-grams property.
All submissions will be treated as non-confidential and non-proprietary
and K-grams shall be under no obligation of any kind with respect
to such information and shall be free to reproduce, use, disclose,
and distribute the submissions to others without limitation. Additionally,
K-grams shall be free to use any ideas, concepts, know-how, or
techniques contained in such information for any purpose whatsoever
including, but not limited to, developing, manufacturing, or marketing
products incorporating such information. You further agree that
K-grams may use information about your demographics and use of
this site in any manner that does not reveal your identity.
In addition, you agree, and are hereby put on notice, that you
are prohibited from posting or transmitting to or from this site
any unlawful, threatening, libelous, defamatory, inflammatory,
pornographic, or profane material or any other material that could
give rise to any civil or criminal liability under law. You are
solely responsible for the content of any comments you make.
Online Conduct and Content
Anytime, with the exception of private e-mail, you upload to,
distribute content, or publish through us, you grant us the right
to edit, copy, remove, distribute, and create derivative works
from and publish such content in any form and medium, whether
electronically or in hard copy and whether alone or as part of
a collective work. You shall retain, however, whatever other rights
you have in pre-owned elements of such content.
All areas on the site are public and not private communications.
Chats, postings, conferences, and other communications by users
are not endorsed by us and such communications shall not be considered
reviewed, screened or approved by us. We cannot be responsible
for the content and accuracy of the information posted. We reserve
the right for any reason to remove without notice any contents
of the site received from a user, including, without limitation,
message board postings.
This site may contain hyperlinks to websites operated by parties
other than us. Such hyperlinks are provided for reference and
convenience only. We do not control such websites, and are not
responsible for their contents. Just because we have hyperlinks
to such websites does not mean we endorse any of the material
on such websites or have any association with their operators.
We can, whenever we want, edit or delete any content displayed,
uploaded to, distributed, or otherwise published through the site.
You are entirely responsible and liable for all of your activities
on www.kgrams.org. You will comply with all applicable laws and
regulations regarding online conduct and content. You will not
use the Service to collect, store, or use information about others
for the purpose of sending unsolicited or unauthorized communications.
Except as we specifically authorize (via license or otherwise),
you will not reproduce, distribute, or commercially exploit any
part of the Service.
Listed below are some, but not all, violations that may result
in termination of your access to the site. By using this site,
you agree not to do any of the following:
· Post, transmit, promote, or distribute content that
is illegal.
· Defame, harass, threaten, abuse, embarrass, or other
unwarranted acts to others. This means: insulting him/her/them,
repeatedly sending him/her/them unwanted messages, attacking his/her/their
race, heritage, gender, sexual preference, etc.
· Transmit or facilitate distribution of content (language,
images, etc.) that is libelous, harmful, threatening, harassing,
abusive, racially or ethnically offensive, vulgar, sexually explicit,
obscene, defamatory, or objectionable in a reasonable person's
view.
· Disrupt the flow of chat areas with vulgar language,
abusiveness, or other conduct that may disrupt normal activities.
· Pretend to be anyone whom you are not. You may not impersonate
another member, a K-grams staff member, or anyone else.
· Attempt to get a password, other account information,
or other private information from a member, or harvest e-mail
addresses or other information.
· Post any unsolicited advertising, promotional materials,
or any other forms of solicitation. We reserve the right to remove
content at any time, including any content that violates these
standards. We are not responsible for any objectionable material
you may encounter while using the site.
· Advertise or sell to or solicit others
· Use the Forum for commercial purposes of any kind
Users Under 13
If you are under 13, you have to ask your parents for permission
before sending any personal information to us or to anyone else.
As with all of our users, we do not rent nor sell personal information
about any of our users.
The United States Children's Online Privacy Protection Act went
into effect on April 21, 2000. This act requires all websites
to obtain written permission from your parents before you can
participate in message boards, submit content or enter contests.
Your parents need to sign a form before you can have full access
to www.kgrams.org. For more information about COPPA and our compliance
information, email smile@kgrams.org.
Security
You are responsible for all activities that occur under your
password or account, and will keep your password(s) confidential.
You will immediately notify us of any unauthorized use of your
password or account or any other breach of security. You will
not disrupt the functioning of the Service, solicit another user's
password, or otherwise act in a way that interferes with other
users' use of the Service. Nor may you post or distribute any
computer program that damages, detrimentally interferes with,
surreptitiously intercepts, or expropriates any system, data,
or personal information.
Links to Third-Party Sites
We or third-party providers of content may provide links to other
World Wide Web sites or resources. We do not control these sites
and resources, do not endorse them, and are not responsible or
held liable for their availability, content, or delivery of services.
Disclaimer of Liability
IN NO EVENT SHALL K-GRAMS BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING
BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD
TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT,
NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN
CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF
THIS SITE.
We, and anyone who helped create, produce, deliver, or maintain
our site are not liable for any damages that may result from your
use of the site. This includes direct, incidental, consequential,
indirect, or punitive damages and attorneys' fees arising from
your access to, or use of, the site, including but not limited
to challenges or actions for infringement, libel, and slander.
Therefore, your use of this site is at your risk only. Further,
everything on the site is provided to you "as is," without
warranties of any kind, either express or implied, unless such
warranties are legally incapable of exclusion. Upon our request,
you agree to indemnify and hold us harmless from all liabilities,
claims and expenses, including attorneys' fees, that arise from
any breach of these terms of service for which you are responsible,
or from the use of this service or the transmission of any content
through this service. In other words, if you do something that,
according to these terms, warrants your termination from the site
or expulsion from the site, you must accept full responsibility
for anything that happens afterwards.
From time to time, K-grams may promote or offer services and/or
products by a third company. IN NO EVENT SHALL K-GRAMS BE LIABLE
FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER CAUSED BY THE USE OR FULFILLMENT OF THESE
OFFERS.
Indemnification
You are entirely responsible for maintaining the confidentiality
of your Password and account and for all activities that occur
under your account. You hereby indemnify, defend, and hold us
and our affiliates and our officers, directors, owners, agents,
information providers, affiliates, licensors, and licensees (collectively,
the "Indemnified Parties") harmless from and against
any and all liabilities and costs including reasonable attorneys'
fees') incurred by the Indemnified Parties in connection with
any claim arising out of any breach by you of this Agreement or
claims arising from your account. You shall use your best efforts
to any claim. We reserve the right, at our own expense, to assume
the exclusive defense and control of any matter otherwise subject
to indemnification cooperate with us in the defense of by you.
General Provisions
These terms shall be governed by and construed in accordance
with the laws of the State of California, without giving effect
to any principles of conflicts of law. You agree that any action
at law or in equity arising out of or relating to these terms
shall be filed only in the state or federal courts located in
Los Angeles County, California, and you hereby consent and submit
to the personal jurisdiction of such courts for the purposes of
litigating any such action. If any provision of these terms shall
be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall
not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between us relating to the subject
matter herein and shall not be modified except in writing, signed
by both parties.
Trademark Information
Our trademarks and servicemarks (hereby referred to, collectively,
as "trademarks") identify our products and services.
You may make fair use of our trademarks in advertising and promotional
materials, and in referring to our products and services (for
example, in a magazine article) without our permission, provided
you follow standard trademark usage practices and provide proper
attribution. Other uses require our written permission.
Please make such requests by email to: smile@kgrams.org.
You may never use our trademarks in the following ways:
· In a non-K-grams product name or publication title.
· In, as, or as part of your own trademarks (without written
permission).
· To identify products or services which are not K-grams'.
· To suggest inaccurately that we sponsor, endorse, or
are otherwise connected with your activities, products, or services.
· To cause confusion.
· To disparage K-grams.
· In any other manner that K-grams or its members find
offensive.
When you use our trademarks, please include the following attribution:
"K-grams and K-grams logo are registered trademarks of K-grams,
Incorporated (KgI) in the U.S. and other countries."
Except as noted above, you may not use, copy, or redistribute
K-grams logos without written or electronic permission from K-grams.
Send your request for permission to use a K-grams logo to smile@kgrams.org,
with "K-grams Logo Request" in the subject line.
Copyright Information
We own intellectual property rights to the content on this site
and its design, structure, and compilation (sometimes known as
"look and feel"). It is very easy to copy things in
cyberspace, but not necessarily always acceptable or legal. You
must have the legal right to any content you upload or download
through this site.
Unless otherwise noted, you may view, copy, download, and print
K-grams documents from this site so long as you use them only
for personal, non-commercial purposes and do not post, distribute,
or modify them or remove any copyright, trademark, or other proprietary
notices. For permission to use third-party materials, please contact
the copyright owner.
Claims of Copyright Infringement
If you believe that your work has been copied and is accessible
on this site in a way that constitutes copyright infringement,
please contact us at smile@kgrams.org.
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