- ACCEPTANCE OF TERMS
- OTHER RULES, POLICIES, AND AGREEMENTS
- USE OF THE SITE AND SERVICES
- USER CONDUCT
- use the Site and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Site and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of King Koil, which consent may be withheld by King Koil in our sole discretion;
- Impose an unreasonable or disproportionately large load on Our infrastructure, interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with King Koil, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information or fail to update outdate information you have provided or submitted;
- use the Site and Services if you are under the age of eighteen (18);
- attempt to gain unauthorized access to the Site and Services, other user accounts, or other computer systems or networks connected to the Site and Services;
- use the Site and Services in any way that could interfere with the rights of others, including but not limited to King Koil or the rights of other users of the Site and Services;
- attempt to gain unauthorized access to any portion or feature of the Site and Services, or any other systems or networks connected to the Site and Services or to any server used by King Koil by hacking, password “mining: or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other user of the Site and Services use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Site and Services;
- access, download, monitor, or copy any information contained on our Site and Services through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Site and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Site and Services; or
- probe, scan or test the vulnerability of the Site and Services or any network connected to the Site and Services, nor breach the security or authentication measures on or of the Site and Services or any network connected to the Site and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Site and Services, or any other customer of King Koil, including any King Koil account not owned by you, to its source, or exploit the Site and Services or any service or information made available or offered by or through the Site and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by King Koil and provided for by the Site and Services;
- Termination of Access
King Koil may terminate your privilege to use or access the Site and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Site and Services and agree not access or make use of, or attempt to use, the Site and Services. Furthermore, you acknowledge that King Koil reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site and Services. You understand that King Koil may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to King Koil.
- AVAILABILITY OF PRODUCTS
Unless otherwise stated by King Koil in writing, King Koil makes no guarantee regarding the availability of products shown on Site and Services. The products listed on the Site and Services are examples of items that may or may not be shown at retailers who carry King Koil merchandise or products and brands licensed by King Koil. All advertising is intended solely for the United States.
- TRADEMARKS AND COPYRIGHTS
King Koil, and other Site and Services graphics, logos, designs, page headers, button icons, scripts, and product and service names are the registered trademarks, trademarks, or trade dress of King Koil in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Site and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Site and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of King Koil and/or its licensors and are protected by all United States and international copyright laws.
- SUBMITTING CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
- you grant to King Koil a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to King Koil all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Site and Services;
- King Koil may, in its sole discretion, choose to remove or not to remove Content once published; and
- youwill not submit any Content that may be considered by King Koil, in its sole discretion, to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
King Koil respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Site and Service who are infringers.
Notifying King Koil of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Site: DMCA Notification Dept.” at email@example.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a detailed description of where the material that you claim is infringing is located or found on the Site and Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 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 intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Providing King Koil with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If you material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at firstname.lastname@example.org that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
- DELAYS AND ACCESSIBILITY
The Site and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. King Koil is not responsible for any delays, failures or other damage resulting from such problems.
- Warranties and Disclaimers
You acknowledge that King Koil has no control over, and no duty to take any action regarding: which users gain access to or use the Site and Services; what effects the content on or in connection with the Site and Services may have on you; how you may interpret or use the content on or in connection with the Site and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Site and Services. You release King Koil from all liability for you having acquired or not acquired content or information through the Site and Services. The Site and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. King Koil makes no representations concerning any content contained in or accessed through the Site and Services, and King Koil will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and Services. King Koil makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER King Koil NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF King Koil, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL King Koil OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL King Koil OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM King Koil OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, King Koil DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, King Koil LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
King Koil SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND King Koil HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
King Koil has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release King Koil from all liability for you having acquired or not acquired Content through the Site and Services. King Koil makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Site and Services, and King Koil will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and Services.
The Site and Services may display links to other Internet sites or resources. Because King Koil has no control over such sites and resources, you acknowledge and agree that King Koil is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that King Koil shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
In no event shall any reference to any third party or third party product or service or shall any link to the Site and Services imply, be construed as an approval, guarantee, or endorsement by King Koil of that third party or of any product or service provided by a third party.
- LIMITATION OF LIABILITY
- ENTIRE AGREEMENT
- GOVERNING LAW
- CONTACTING US
King Koil welcomes your feedback and questions about the Site and Services. However, any comments, ideas, notes, messages, suggestions, or other communications sent to or through the Site and Services shall be and remain the exclusive property of King Koil and King Koil may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation or notice to you. Any communication or material you transmit to or through the Site and Services by electronic mail or otherwise is, and will be treated as, non-confidential and non-proprietary. We have several different email addresses for different queries. These, and other contact information can be found on our Contact Us link on the Site or via our literature or via our stated telephone or facsimile numbers. General feedback and comments regarding the Site and Services can be sent email@example.com or King Koil Licensing Company, 7501 S Quincy, Willowbrook, Illinois 60527 USA to the attention of Joe Mulcahy.