Terms of Use for Kranky Kids®
The following rules govern the use by you of Kranky Kids® ONLINE. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on Kranky Kids® ONLINE (collectively, "Information"). BY SIGNING ON AND USING Kranky Kids® ONLINE, YOU SPECIFICALLY AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO.
1. Personal Uses Permitted
You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.
2. User's Obligation to Abide By Applicable Law
In connection with the use of Kranky Kids® ONLINE, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The Information available on Kranky Kids® ONLINE may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
3. Disclosure of Online Communications
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of Kranky Kids® may, in the course of their regular duties, have access to communications for technical or operational purposes. Kranky Kids® may also disclose any communications to the extent permitted or required by law.
4. Prohibition Against Rogue Programming
You shall not post, transmit or make available in any way through Kranky Kids® ONLINE any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming ("Rogue Programming"). Kranky Kids® has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on Kranky Kids® ONLINE is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
5. Content of Information
You are responsible for the content of any Information you put on Kranky Kids® ONLINE. Kranky Kids® has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available on Kranky Kids® ONLINE. Kranky Kids® reserves the right to review any Information that is or becomes available on Kranky Kids® ONLINE. Kranky Kids® reserves the right to refuse to post or to remove any Information that is, in Kranky Kids®'s sole discretion, unacceptable, undesirable or in violation of these rules. However, Kranky Kids® has no obligation to exercise such reservation of rights by Kranky Kids®.
6. Disclaimer of Warranties
Kranky Kids® ONLINE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Kranky Kids® DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT Kranky Kids® ONLINE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
7. Limitation of Damages
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Lishka DeVoss/Kranky Kids® BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE Kranky Kids® ONLINE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON Kranky Kids® ONLINE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
8. Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST Lishka DeVoss/Kranky Kids® ARISING FROM OR IN CONNECTION WITH YOUR USE OF Kranky Kids® ONLINE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Lishka DeVoss/Kranky Kids® FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF Kranky Kids® ONLINE OR FAILURE TO ABIDE BY APPLICABLE LAW.
9. Modifications
These rules may be modified by Kranky Kids® from time to time and such modifications will be binding on you when placed online.
Copyright ©2010 Kranky Kids® All rights reserved.
