The Website Service is wholly owned by Katherine Keller International (the “Company”), a company with its offices located in Missouri, United States of America.
- your use of the Website Service is solely for your personal use;
- you will not alter or modify any part of the Website Service other than as may be reasonably necessary to use the Website Service for its intended purpose; and
In order to access some features of the Website Service, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
The Company reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by the Company should the total amount of data transfer exceed an amount deemed excessive in the Company’s sole discretion.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website Service in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website.
Intellectual Property Rights
The content on the KatherineKeller.net Website, except for User Submissions, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States of America law and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable license fee to the owners. The Company reserves all rights not expressly granted in and to the Website Service and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website. You agree not to circumvent, disable or otherwise interfere with security related features of the KatherineKeller.net or features that prevent or restrict use or copying of any Content or enforce limitations on use of the KatherineKeller.net Website or the Content therein.
The KatherineKeller.net Website Service may permit the submission of videos, photographs or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and publishing of such User Submissions. The Company may also establish categories for User Submissions based on intended use, such as Private where User Submissions are not shared, Invited where there is an invitation to view and/or share and Public. You understand that whether or not such User Submissions are published and regardless of category, the Company does not guarantee any confidentiality with respect to any such submissions. You also understand and agree that the Company may place advertising on the Website in conjunction with User Submissions.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that:
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Company for public use, you hereby grant the Company a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the KatherineKeller.net Website Service and the Company’s business, including without limitation for promotion and redistribution of part or all of the KatherineKeller.net Website Service (and derivative works thereof) in any media formats and through any media channels. You further grant the Company the non-exclusive, irrevocable and unconditional right to describe, relate, publish or exploit or both the User Submissions in any manner, whether in whole or in part, in any other media, print or electronic, and in related products and services in connection with any exploitation thereof, including but not limited to clothing, bumper stickers, mugs, toys, posters, books and other printed material and any related promotion and advertising of such items from time to time.
For User Submissions you submit, you further agree that you will not:
- submit material that is copyrighted, protected by trade mark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein;
- publish falsehoods or misrepresentations that could damage the Company or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- submit material that includes images of minors unless you are the mother, father, or duly appointed guardian of such minors or have permission from the minor’s lawful parents or guardians to post images of the minors;
- post advertisements or solicitations of business; and
- impersonate another person.
The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Submissions. The Company will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another’s intellectual property rights.
You understand that when using the KatherineKeller.net Website Service, you will be exposed to User Submissions from a variety of sources, and that the Company is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against the Company with respect thereto.
Third Party Websites
The KatherineKeller.net Website may contain links to third party websites that are not owned or controlled by the Company and the Company assumes no responsibility for these third party websites. By using the Website, you expressly discharge the Company from any and all liability arising from your use of any third-party website.
Warranty and Indemnity
You agree that your use of the KatherineKeller.net Website Service is at your sole risk. The Company makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the Website Service by any third party, or concerning damage of any kind incurred resulting from use of the Website Service. The Company does not endorse and is not responsible for any product or service advertised or offered by a third party through the Website Service or any hyper-linked website.
In no event shall the Company, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the Website, or Content.
You agree to defend, indemnify and hold harmless the Company its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
- your use of and access to the KatherineKeller.net Website Service;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that one of your User Submissions caused damage to a third party.
Limitation of Liability
In no event whatsoever will the Company be liable for any special, punitive, indirect, incidental or consequential damages, arising out of this Agreement or in connection with the use or Content of the KatherineKeller.net Website, whether based on breach of contract, tort, negligence, product liability, Copyright infringement or otherwise, and whether or not the Company has been advised of the possibility of such damages. In any event, the total liability of the Company for all damages whatsoever shall not exceed the sum of one ($1) dollar. You agree that these limitations are reasonable in scope and reasonably necessary in order for the Company to protect its considerable investment. In no event whatsoever shall the Company be liable, under any circumstances, regardless of the type or cause of action, for (a) any lost profits, lost revenue, lost business, or any other lost opportunities, (b) any loss or damage to software or data, (c) any incidental, indirect, consequential or special damages; even if the Company has been advised of the possibility of such liability or damages
You further agree to furnish, make, execute and deliver all such further information, assurances and other documents and instruments and do or perform all such further and other acts and things as may be reasonably necessary or requisite to implement and to carry out the provisions of this Agreement in accordance with its full intent and meaning.
The Company specifically reserves the right to modify this Agreement at any time without your consent.
Each of the provisions contained in this Agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision of this Agreement.
This Agreement shall enure to the benefit of and be binding upon the parties, their respective heirs, executors, administrators, successors and assigns.