AGREEMENT
BETWEEN USER AND YOUSHOOT LLC
The K3space.com Web Site is comprised of various Web pages
operated by YouShoot LLC.
The K3space.com Web Site is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the K3space.com Web Site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
YouShoot LLC reserves the right to change the terms,
conditions, and notices under which the K3space.com Web Site is offered,
including but not limited to the charges associated with the use of the
K3space.com Web Site.
LINKS TO THIRD PARTY SITES
The K3space.com Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under the control of
YouShoot LLC and YouShoot LLC is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. YouShoot LLC is not responsible for
webcasting or any other form of transmission received from any Linked Site.
YouShoot LLC is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by YouShoot LLC of the site or
any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the K3space.com Web Site, you
warrant to YouShoot LLC that you will not use the K3space.com Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the K3space.com Web Site in any manner which could damage,
disable, overburden, or impair the K3space.com Web Site or interfere with any
other party's use and enjoyment of the K3space.com Web Site. You may not obtain
or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the K3space.com Web Sites.
USE OF COMMUNICATION SERVICES
The K3space.com Web Site may contain bulletin board
services, chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed to enable
you to communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
not:
- Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy
and publicity) of others.
- Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or
information.
- Upload files that contain
software or other material protected by intellectual property laws (or by
rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain
viruses, corrupted files, or any other similar software or programs that
may damage the operation of another's computer.
- Advertise or offer to sell or
buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages.
- Conduct or forward surveys,
contests, pyramid schemes or chain letters.
- Download any file posted by
another user of a Communication Service that you know, or reasonably
should know, cannot be legally distributed in such manner.
- Falsify or delete any author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in
a file that is uploaded.
- Restrict or inhibit any other
user from using and enjoying the Communication Services.
- Violate any code of conduct
or other guidelines which may be applicable for any particular
Communication Service.
- Harvest or otherwise collect
information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
YouShoot LLC has no obligation to monitor
the Communication Services. However, YouShoot LLC reserves the right to review
materials posted to a Communication Service and to remove any materials in its
sole discretion. YouShoot LLC reserves the right to terminate your access to
any or all of the Communication Services at any time without notice for any
reason whatsoever.
YouShoot LLC reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in YouShoot LLC's sole
discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. YouShoot LLC does not control or endorse the content, messages or
information found in any Communication Service and, therefore, YouShoot LLC
specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized YouShoot LLC spokespersons, and their
views do not necessarily reflect those of YouShoot LLC.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO YOUSHOOT LLC OR POSTED AT ANY K3SPACE.COM WEB SITE
YouShoot LLC does not claim ownership of the materials you
provide to YouShoot LLC (including feedback and suggestions) or post, upload,
input or submit to any K3space.com Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting YouShoot LLC, its affiliated
companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. YouShoot LLC is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time in
YouShoot LLC's sole discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE K3SPACE.COM WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
YOUSHOOT LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
K3SPACE.COM WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE K3SPACE.COM WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
YOUSHOOT LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE K3SPACE.COM WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
KIND. YOUSHOOT LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL YOUSHOOT LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE K3SPACE.COM WEB SITE, WITH THE DELAY OR INABILITY TO USE THE K3SPACE.COM
WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE K3SPACE.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE K3SPACE.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF YOUSHOOT LLC OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE K3SPACE.COM WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE K3SPACE.COM WEB
SITE.
SERVICE CONTACT : info@k3space.com
TERMINATION/ACCESS RESTRICTION
YouShoot LLC reserves the right, in its sole discretion, to
terminate your access to the K3space.com Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Massachusetts, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of
courts in Middlesex County, Massachusetts, U.S.A. in all disputes arising out
of or relating to the use of the K3space.com Web Site. Use of the K3space.com
Web Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and YouShoot LLC as a result of this agreement
or use of the K3space.com Web Site. YouShoot LLC's performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of YouShoot LLC's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the K3space.com Web Site or information provided to or gathered by
YouShoot LLC with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the
entire agreement between the user and YouShoot LLC with respect to the
K3space.com Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and YouShoot LLC with respect to the K3space.com Web Site. A printed
version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent an d subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the K3space.com Web Site are: Copyright
2006, YouShoot LLC and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
The example companies, organizations, products, people and
events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States copyright
law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.
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