Terms of Service
Subject to and in accordance with the Terms of Service and other guideline and instructions, we grant you a limited, non-exclusive license to access and use the Service. We reserve the right to terminate this license and your access to the Service, and to remove or discard any content you have submitted, at any time, for any or no reason and with or without notice. We reserve the right to revoke your user ID or to require you to choose another user ID or password.
Age Requirement. In compliance with the Children’s Online Privacy Act of 1998, Kiére Media, LLC. does not accept membership registrations from users under 13 years of age. By registering with the website or its affiliates, you represent and warrant to Kiére Media, LLC that: (1)you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years of age or older; (2) all registration information you submit is accurate and truthful; and (3) you will maintain the accuracy of such information. You also certify that you are legally permitted to use the Services and access the website and take full responsibility for the selection and use of the Services and access of the website, including all activities that occur under your account or password. This Agreement is void where prohibited by law, and the right to access the website is revoked in such jurisdictions.
Conduct. You warrant, represent and agree that you will not contribute any content (including, without limitation, anything in connection with your blog(s)) or otherwise use the website or the Services in a manner that (1) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (2) violates any law, statute, ordinance or regulation; (3) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (4) misrepresents the source or identity of any content; (5) uploads, installs, constitutes, or embeds malmare, virus, worms, Trojan horses, or other harmful content or code, or (6) impersonate, or falsely indicate an affiliation with, any person or entity, including, without limitation, any employee or representative of Kiére Media, LLC. Kiére Media, LLC. and affiliates reserve the right to remove any content from the website or Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Kiére Media, LLC., remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Kiére Media, LLC. and to grant Kiére Media, LLC. the rights to use such information in connection with the Services and as otherwise provided herein.
Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing comments and/or content on the Website and Services:
- If a comment is made using your identity or screen name it will be deemed to have been posted by you.
- Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
- Do not make false or misleading statements.
- Do not offer to sell or buy any product or service, or post links to third party websites, unless expressly authorized to do so by Company in connection with a feature on the Website.
- Do not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
- Do not post information that you know to be confidential or sensitive or otherwise in violation of any law, statute, rule, ordinance or regulation.
- Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.
Under no circumstances will Kiére Media, LLC. be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted or otherwise made available via the Services. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that Kiére Media, LLC. does not endorse or guarantee any user blogs or other content and you may not state or imply any such endorsement or guarantee. Kiére Media, LLC. shall have no obligation to monitor any user generated content, however, Kiére Media, LLC. and its agents reserve the right to monitor user generated content and blogs from time to time and may remove or block any content on the Website or through the Services, including disabling access to content that you have downloaded through the Services. You release Kiére Media, LLC. from all liability for you having acquired or not acquired content through the Website.
Warranty. KIÉRE MEDIA, LLC., AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. KIÉRE MEDIA, LLC. AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. KIÉRE MEDIA, LLC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE KIÉRE MEDIA, LLC. SERVICES. KIÉRE MEDIA, LLC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. KIÉRE MEDIA, LLC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Registration and Security. As a condition to using Services, you may be required to register with Kiére Media, LLC. and select a password and user name (“Company User ID”). You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (1) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (2) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of, or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
Indemnity. You agree to indemnify and hold harmless Kiére Media, LLC. and its affiliates, officers, employees, agents, partners and licensors from and against loss, damage, liability and costs, including attorney’s fees, incurred in connection with a claim by any third party due to or arising out of your use of the Service, your violation of these Terms of Service or the rights of another party, or content you submit to the Service.
Limitation of Liability. KIÉRE MEDIA, LLC. AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR INCURRED IN CONNECTION WITH: (1) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (2) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.
By using the website, you expressly relieve Kiére Media, LLC. from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Kiére Media, LLC. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Kiére Media, LLC. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Kiére Media, LLC., its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
Changes. We reserve the right to make changes to our site, policies, and these Terms of Service at any time. These Terms of Service represent the entire agreement between you and Kiére Media, LLC. with regard to their subject matter, they supersede all prior agreements and representations, and they may not be modified except by Kiére Media, LLC. in writing (including modifications by us to this page). In the event of any conflict between these Terms of Service and any instructions or guidelines included in the Service, these Terms of Service shall control.
Termination. This Agreement shall remain in full force and effect while you use the website. You may terminate your use of the website or your membership at any time by following the instructions on the website. Kiére Media, LLC. may terminate your access to the website (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Kiére Media, LLC. may also terminate or suspend any and all Services and access to the website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the website, and any content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Copyright Dispute Policy. Company has adopted the following general policy toward copyright infringement: It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
- Identification of works or materials being infringed.
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Kiére Media, LLC. is capable of finding and verifying its existence.
- Contact information about the notifier including address, telephone number and, if available, email address.
- A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law.
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please send any of claims of copyright or other intellectual property infringement to our Copyright Agent at:
Kiére Media, LLC.
Effective: February 12, 2009