The Service, the website and all data and information and/or content that you see, hear or otherwise experience on the website (“Content”) shall remain the sole property of KEZI and may be protected by U.S. and international copyright, trademark, intellectual property and other laws, and you, by downloading or copying, gain no right, title or interest in such Content.
Restrictions of Use
You may use the website, the Service, and the Content solely for your personal, non-commercial use. You may download, print, and store selected portions of the Content. You agree not to copy or post the Content on any network computer, or transmit, distribute, publish or broadcast Content, including but not limited to a website. You agree not to modify or alter the Content in any way or delete or change any copyright notice. You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer or create derivative works from any Content obtained from the website or the Service, except as expressly permitted herein.
1. You expressly agree that use of the Service is solely at your risk. Neither KEZI nor any affiliates, employees, agents, information service providers or licensors warrant uninterrupted or error free Service. KEZI and said affiliates provide no warranty to the results that may be obtained through the Service, nor do they warrant the accuracy, reliability or content of any information, service or merchandise available through the Service.
2. THE SERVICE AND WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
3. All loss of data and damage of your software or system is the sole liability of you and you agree to indemnify KEZI of all liability herein.
4. In no event (including negligence) will KEZI or affiliates, or any person or entity involved in creating, producing or distributing the Service or website (including Content) be liable for any direct, indirect, incidental, special or consequential damages arising from the use or inability to use the Service or website, a statement or conduct of any third party, unauthorized access or alteration of your transmission of data, or out of breach of any warranty.
5. You acknowledge the provisions in this section herein are for the benefit of KEZI and its affiliates, providers and suppliers and their respective employees and agents (each with the right to assert and enforce the provisions herein directly on its own behalf).
6. KEZI makes no guarantee that the files available for download through the website will be free of infection by viruses, worms, trojan horses or other malicious programming code containing contaminating or destructive properties.
7. KEZI makes no guarantee that information provided on the website or by the Service is appropriate for use in locations outside the United States. Any portions or versions translated into any language other than English are provided for your convenience; however, KEZI makes no representation or warranty that the translations are complete or accurate and KEZI undertakes no obligation to provide translation to any or all of the Service, website or Content.
1. You agree to be personally responsible for your behavior on the website and for use of the Content. You agree to defend, indemnify and hold harmless KEZI, it subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents and third party information providers to the Service from and against all claims, losses, expenses, damages and costs including but not limited to, direct, incidental, consequential, exemplary and indirect damages, and reasonable attorneys’ fees, resulting from or arising out of your use or any activity related to your account of the Service, website or Content.
2. In areas where access is expressly granted, you agree not to post messages or expressions (“Material”) that (i) infringe upon trademark, patent or copyright law, or are trade secrets or other proprietary information of any public or private party; (ii) are libelous, defamatory, obscene, threatening, abusive, advertising, pornographic or otherwise illegal Material; (iii) contain viruses, worms, trojan horses or other malicious programming code containing contaminating or destructive properties; or (iv) are unsuitable or harms minors in any way.
3. When posting to the website, you warrant that you have the legal right to post your Material and that it will not violate any laws or the right of any entity. By posting on the website you give KEZI the royalty-free, irrevocable, perpetual, universal right to use, assign, sublicense, distribute, display and create derivative works from Material in any and all media, in any manner, in whole or in part, without any restriction or responsibility to you. You agree that you are solely responsible for the content of any of your Material. KEZI nevertheless retains the sole and exclusive right to delete, move or edit any and all parts of your Material. You agree that any Material you submit may be edited, removed, modified, published, transmitted and/or displayed by KEZI and you waive any and all rights you may have with respect to the alteration, modification or removal of your Material. KEZI, however, assumes no obligation to screen, monitor or review any third party Material. KEZI makes no guarantee to accuracy, completeness, objectivity or usefulness of any third party Material. You acknowledge portions of the website may contain unedited materials, some of which may be sexually explicit or offensive. You agree that you access all Content at your own risk. KEZI has no control over and accepts no responsibility for such Materials.
1. This Agreement and any operating rules for the Service or webpage established now or hereafter constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties. Acceptance or execution of this Agreement shall constitute acceptance of the terms and conditions herein. This Agreement shall be governed by the laws of the State of Oregon. In the event that any portion of this Agreement is held invalid or unenforceable, such portion shall be construed in accordance with applicable laws as nearly as possible to reflect the original intentions of the parties set forth herein, and the remainder of the Agreement shall remain in full force and effect. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.
2. Information available through the Service or the website may contain errors or inaccuracies and may not be complete or current. KEZI therefore reserves the right to correct errors, inaccuracies and omissions, and to change or update the information provided by the Service or webpage at any time without prior notice. KEZI however assumes no obligation to correct any errors, omissions or inaccuracies.
3. KEZI does not imply endorsement, sponsorship or recommendation of any third parties, their websites, or the information, Material or Content therein. KEZI does not warrant any information, services or merchandise purchased or accessed through the hypertext links by You. You are expressly responsible for all such charges and indemnify KEZI of all liability with connection therein.
4. KEZI will investigate and take appropriate legal action against anyone who violates any of the provisions herein, including without limitation, barring violators from use of Service or website, and pursuing civil, criminal and/or injunctive redress. You agree that in a civil action KEZI may obtain full recovery of all damages suffered, and may also obtain punitive and consequential damages.