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Terms of Service |
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- ACCEPTANCE OF TERMS
KewlGraphics provides the following service to
you, subject to these Terms of Service (without
notice.
You can review the current version of the TOS at:
http://www.KewlGraphics/terms.asp. Failure to
comply with these TOS may result in account
revocation.
- INDEMNITY
You agree to indemnify and hold KewlGraphics, and
its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees,
harmless from any claim or demand, including
reasonable attorney fees, made by any third party
due to or arising out of your Content, your use of
the Service, your connection to the Service, your
violation of the TOS, or your violation of any
rights of another, whether you are a registered user
or not. The user is solely responsible for his or
her actions when using the Service, including, but
not limited to, costs incurred for Internet access.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws
regarding the transmission of technical data
exported from the United States or the country in
which you reside.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that KewlGraphics may establish
limits concerning use of the Service and may modify
these limits at any time.
- MODIFICATIONS TO SERVICE
KewlGraphics reserves the right to modify or
discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice at any
time. You agree that KewlGraphics shall not be
liable to you or to any third party for any
modification, suspension or discontinuance of the
Service.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy,
sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service.
- TERMINATION
You agree that KewlGraphics, in its sole
discretion, may terminate your password, or account,
and remove and discard any content within the
Service, for any reason, including and without
limitation, the lack of use, or if KewlGraphics
believes that you have violated or acted
inconsistently with the letter or spirit of the TOS.
Any contracts, verbal or written or assumed, in
conjunction with your deleted account and all its
parts, at KewlGraphics's discretion, will be
terminated as well. KewlGraphics may also in its
sole discretion and at any time, discontinue
providing the Service, or any part thereof, with or
without notice. You agree that any termination of
your access to the Service under any provision of
this TOS may be effected without prior notice, and
acknowledge and agree that KewlGraphics may
immediately deactivate or delete your KewlGraphics
account and all related information and files.
KewlGraphics reserves the right to bar any further
access to such files or the Service. You agree that
KewlGraphics shall not be liable to you or any
third-party for any termination of your access to
the Service. Paid accounts that are terminated will
not be refunded.
- LINKS
The Service, or relevant third parties, may
provide links to other web sites or resources.
Because KewlGraphics has no control over such sites
and resources, you acknowledge and agree that
KewlGraphics 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 KewlGraphics
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.
Guidelines for posting content (such as text or
photos):
- All Content posted to KewlGraphics in any
way, is the responsibility and property of the
author. Myhotcomments is committed to keeping
the Service in decent standing for all audiences
but is not responsible for the monitoring or
filtering of any account Content. Within the
confines of international and local law,
KewlGraphics will not place a limit on the type,
or appropriateness of user content within
accounts. Those users posting material not
suitable for all audiences must agree that they
are fully responsible for all the content they
have posted anywhere on the service. Should
content be deemed illegal by such law having
jurisdiction over the user, KewlGraphics is
committed to submitting all necessary
information to the proper authorities;
- Should any Content be reported to
KewlGraphics as being offensive or
inappropriate, KewlGraphics might call upon the
author to retract, modify, or protect (by means
of private and friends only settings) the
Content in question within a reasonable amount
of time, as set forth by the KewlGraphics staff.
Should the author fail to meet such a request
from KewlGraphics staff, KewlGraphics has the
full authority to terminate any such reported
and verified offensive account holding such
inappropriate content. KewlGraphics, however, is
under no obligation to restrict or monitor
account Content in any way;
- KewlGraphics claims no ownership or control
over any Content posted by its users. The author
retains all patent, trademark, and copyright to
all Content posted within available fields, and
is responsible for protecting those rights, but
is not entitled to the help of the KewlGraphics
staff in protecting such Content;
- You acknowledge that KewlGraphics does not
pre-screen Content, but that KewlGraphics and
its designates shall have the right (but not the
obligation) on their sole discretion to refuse
or remove any Content that is available through
the Service. Without limiting the foregoing,
KewlGraphics and its designates shall have the
right to remove any content that violates the
TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks
associated with, the use of any content,
including any reliance on the accuracy,
completeness, or usefulness of such content.
Furthermore, KewlGraphics reserves the right to
limit access to your account, if found in
violation of the TOS, by removing the account
and related user information from the member
directory, search engine, and all other methods
used in conjunction with finding KewlGraphics's
users.
- MEMBER CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics,
video, messages or other materials, whether publicly
posted or privately transmitted, are the sole
responsibility of the person from which such Content
originated. KewlGraphics does not control Content
posted via the Service and, as such, does not
guarantee the validity of such Content. You also
understand that by using the Service, you may be
exposed to Content that is offensive, indecent or
objectionable. Should Content be found or reported
to be in violation with, but not limited to, the
following terms, it will be KewlGraphics's sole
discretion as to what action should be taken.
You agree to NOT use the Service to:
- Upload, post or otherwise transmit any
content that is in KewlGraphics's opinion to be
unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive to another's privacy
(up to, but not excluding any address, email,
phone number, or any other contact information
with out the written consent of the owner of
such information), hateful, or racially,
ethnically or otherwise objectionable;
- Harm minors in any way, as seen by
KewlGraphics or applicable law;
- Impersonate any person or entity, including,
but not limited to, a KewlGraphics staff member
or volunteer, or falsely state or otherwise
misrepresent your affiliation with a person or
entity;
- Forge headers or otherwise manipulate
identifiers in order to disguise the origin of
any Content transmitted through the Service;
- Upload, post or otherwise transmit any
content that you do not have a right to transmit
under any law or under contractual or fiduciary
relationships (such as inside information,
proprietary and confidential information learned
or disclosed as part of employment relationships
or under nondisclosure agreements);
- Upload, post or otherwise transmit any
content that infringes any patent, trademark,
trade secret, copyright or other proprietary
rights of any party;
- Upload, post or otherwise transmit any
unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other
form of solicitation;
- Upload, post or otherwise transmit any
material that contains software viruses or any
other computer code, files or programs designed
to interrupt, destroy or limit the functionality
of any computer software or hardware or
telecommunications equipment;
- Interfere with or disrupt the Service or
servers or networks connected to the Service, or
disobey any requirements, procedures, policies
or regulations of networks connected to the
Service;
- Intentionally or unintentionally violate any
applicable local, state, national or
international law, including, but not limited
to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of
any national or other securities exchange,
including, without limitation, the New York
Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force
of law;
- "Stalk" or otherwise harass another person
or company;
- Collect or store personal data about other
users for business purposes;
- Promote or provide instructional information
about illegal activities, promote physical harm
or injury against any group or individual, or
promote any act of cruelty to animals. This may
include, but is not limited to, providing
instructions on how to assemble bombs, grenades
and other weapons or incendiary devices. Promote
or encourage any illegal activity including
hacking, cracking or distribution of counterfeit
software (warez);
- Use KewlGraphics as a forwarding service to
another website;
- Allow usage by others in such a way as to
violate KewlGraphics's TOS;
- Engage in commercial activities within
Myhotcomments or on behalf of KewlGraphics
without prior approval. This includes, but is
not limited to, the following activities:
- Displaying a banner or link that is
designed to profit you or any other business
or organization; and
- Displaying banners or links for services
that provide cash or cash-equivalent prizes
to users in exchange for hyperlinks to their
web sites;
- Attempt to interfere with, hack or assist in
hacking into any user accounts or communities.
If any user is reported to be in violation with
the letter or spirit of these terms, KewlGraphics
retains the right to terminate such account at any
time without further warning.
- VOLUNTEERS AND KewlGraphics
KewlGraphics is largely a volunteer-run project
whose primary intent is to provide high quality,
community driven on-line services. To achieve this
goal, KewlGraphics volunteers are often called upon
to perform a variety of technical and non-technical
tasks, including, but not limited to, programming,
the creation of web-based content (HTML, PHP, and
other formats), graphic design, audio and/or visual
content creation, technical writing, managing
electronic data libraries and/or databases,
technical support, reviewing, categorizing, legal
assistance, archiving and/or forwarding electronic
data, providing expert advice, administration,
management, accounting, research, content creation,
promotions, or other assignments, as needed. All
volunteers are expected to be of legal age, or
volunteering with the consent of a legal parent or
guardian.
By accepting these Terms of Service, any
KewlGraphics member agrees that the intellectual
content created as a result of volunteer work for
KewlGraphics constitutes a work for hire and that
all intellectual property rights in said content
shall vest in KewlGraphics at the time that it is
created to the extent permitted by law. If laws
prevent such vesting, the volunteer makes assignment
of all such rights to KewlGraphics at the time of
creation.
If laws prevent such assignment, the volunteer
grants a perpetual world wide irrevocable license to
KewlGraphics to use said content. If laws prevent
such licensing, the volunteer agrees never to sue
KewlGraphics for the use of said content.
The volunteer certifies that any electronic data
he/she submits is his/her work and that to the best
of the volunteer's knowledge, the electronic data is
not claimed by another. KewlGraphics will provide
sufficient tools, training and direction to the
volunteer as necessary to accomplish mutual goals.
The volunteer agrees to insure that any work
provided is correct, error free and does not contain
any inflammatory language, indecency or obscenities.
Furthermore, if said work is found to be illegally
presented, claimed, or forged, KewlGraphics will
remove such material and, at KewlGraphics's
discretion, seek action against the individual(s)
from which the work originated.
No Myhotcomments user is required to become a
volunteer to this service, and users without
volunteer status are guaranteed reasonable support
and attention as compared to those users that are
volunteers.
Without the expressed written confirmation to the
contrary, all KewlGraphics positions are assumed to
be taken without pay or future consideration.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. KewlGraphics EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) KewlGraphics MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT 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.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM KewlGraphics OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
KewlGraphics SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF KewlGraphics HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
- GENERAL INFORMATION
The TOS constitutes the entire agreement between
you and KewlGraphics and governs your use of the
Service, superseding any prior agreements between
you and KewlGraphics (including, but not limited to,
any prior versions of the TOS). The laws of the
State of Ohio, U.S.A, shall govern the TOS and the
relationship between you and KewlGraphics. without
regard to its conflict of law provisions. You and
KewlGraphics agree to submit to the personal and
exclusive jurisdiction of the courts located within
Akron, OH, U.S.A. The failure of KewlGraphics to
exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions
as reflected in the provision, and the other
provisions of the TOS remain in full force and
effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action
arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience
only and have no legal or contractual effect.
- VIOLATIONS
To report TOS violations or to contact the abuse
team please Contact Us
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