All materials on the Sites, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software and other elements making up the Sites (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. You acknowledge and agree that all Content on the Sites is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on the Sites, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission. We cannot guarantee that we can accommodate your request, and our granting of your request may be conditioned on payment of a fee. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Sites or any part of the Content for any purpose other than its intended purposes is strictly prohibited.
Registration for Certain Features
If you elect to create an account in order to access and use certain features offered through the Sites, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration, and (b) maintain and promptly update your account information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that your account information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and the Sites by e-mail, text messaging or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Sites.
You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify kawhileonard2.com immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by kawhileonard2.com or any other user of or visitor to the Sites due to someone else using your user name, password or account.
Submissions / Code of Conduct
Any notes, postings, ideas, suggestions, concepts, stories, photos or other material submitted through the Sites via e-mail, on the message boards, on the blog, in the chat rooms, or via any other means that we may create or provide in the future will become the sole and exclusive property of kawhileonard2.com throughout the world and we shall be entitled (without compensation to you or any third party) to use such material in perpetuity in any form and manner in any media, whether now known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us (including, without limitation, any postings on our message boards, blogs or in our chat rooms): (i) your submission is original with you and accurate, (ii) your submission does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and (iii) your submission is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further material on the Sites or from using or accessing our message boards, blogs or chat rooms.
You further agree not to (i) use the Sites, the Content, or any products or services included on or available through the Sites for any unlawful purpose, (ii) restrict or inhibit any other user from using and enjoying the Sites, including by means of disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of the Sites are able to type, hacking or defacing any portion of the Sites, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content on the Sites.We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on the Sites, in our sole discretion.
Disclaimer of Warranties
THE SITES AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE SITES AND ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITES IS AT YOUR SOLE RISK. WE AND OUR SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY: (I) THAT USE OF THE SITES OR ANY CONTENT OR SERVICES ON OR FROM THE SITES (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON THE SITES WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH THE SITES, CONTENT AND SERVICES ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THE SITES, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITES.
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you in its entirety.
Indemnification / Release