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Usage Agreement
Keyhole Software, LLC ("KSC," "we" or "us") maintains the site located at the domain velod.com ("Site") for your personal entertainment, information, education, and communication. Please feel free to browse the Site at any time; however, by browsing this Site, you are subject to the terms and conditions ("Terms of Service") of this Site. By accessing this Site, you accept, without limitation or qualification, the following Terms of Service. If you do NOT accept the Terms of Service, then please discontinue your use of this Site. In addition, if you are an individual who wishes to become a member and make use of the Services (defined below), you must read these Terms of Service and indicate your acceptance by following the instructions on the "Sign Up"; page and checking the box labeled "I agree to the velod.com Terms of Service." TERMS OF SERVICE Use of Site We reserve the right to amend the Terms of Service, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions, deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail or any other means. Continued use of the Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions. The Site is owned and operated by KSC and contains material that is derived in whole or in part from material supplied and owned by KSC and other sources. These materials may be protected by copyright, trademark, and other applicable laws. You should not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute material from the Site, including but not limited to text, audio, video, code and software. During your visit, however, you may download material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We do not warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with us. Third Party Sites We may provide links and pointers to Internet sites maintained by third parties ("Third Party Sites") and may from time to time provide third party materials on the Site. Neither KSC, its parent, subsidiary companies, affiliates, or suppliers operate or control in any respect the information, products or services on these Third Party Sites. Links to Third Party Sites are provided by us solely as a convenience; we neither endorse nor bear any responsibility for or control over any Third Party Sites or any links contained therein. All policies and statements by us herein pertaining to the Site do not apply in any way to these Third Party Sites. Once you leave this Site and/or access Third Party Sites, our Terms of Service, Privacy Policy and other policies are no longer in effect. We recommend that you read the terms of use of each and every website which you visit. We reserve the right in our sole discretion and without notice to: (i) terminate any and all links to this Site from any third party site, (ii) terminate any and all links from this Site to any third party site and/or (iii) terminate any Third Party Sites made available or accessible via this Site and remove any online posting thereof. Disclaimer of Warranties While we use reasonable efforts to include up to date information in the Site, we make no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. The content, materials, and products or services available in or accessible through the Site are AS IS and, to the fullest extent permissible pursuant to applicable law, KSC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. KSC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Limitation of Liability YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL WMOG, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, WMOG'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WMOG OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WMOG, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. Trademarks The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of KSC and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of KSC or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Service, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution. Merchants Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. We will NOT be responsible or liable for any loss and/ or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Site. Submitting or Posting Content The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post"; or "Postings"). When you participate in the velod.com community you are granting us certain rights to use the Postings. By participating, you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Posts (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Post; and the right to sublicense any or all of these rights. You acknowledge that we own all right, title, and interest in any compilation, collective work or other derivative work created using or incorporating the Post. Please remember that you are ultimately responsible for all of your Postings and you warrant and represent that: (i) the Post does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; and (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Post, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the Post, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Post, including, without limit, any photograph you may provide. Postings do not reflect the views of KSC; and we do not have any obligation to monitor, edit, or review any Postings on the Site. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing disclosure of the identity of anyone posting any such information or materials. Indemnification You agree to indemnify, defend and hold KSC and its parent, affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the "Indemnified Parties") harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys' fees) arising out of or incurred by any breach by you of these Terms of Service. KSC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with KSC 's defense of such claim. Registration Should KSC choose to provide member-based services ("Services") on the Site, when you register to use these Services, you may be required to provide certain personally identifiable information about yourself. You agree to provide true, accurate and complete information about yourself, and to update the information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if KSC suspects that your information is untrue, inaccurate, or incomplete, then KSC may, in its sole discretion, suspend, terminate, or refuse future access to your membership in these Services. Termination KSC may, in its sole discretion, terminate your password, account (or any part thereof) or your access to the Site, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Site with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Site, (iii) any other access or use of the Site except as expressly provided in these Terms of Service, (iv) any violation of the Terms of Service of these Terms of Service or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Site, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site, or (vi) failure to use the Site or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to KSC of your intent to terminate these Terms of Service. Termination, suspension, or cancellation of these Terms of Service or your access rights shall not affect any right or relief to which KSC may be entitled, at law or in equity. Upon termination of these Terms of Service, all rights granted to you will automatically terminate and immediately revert to KSC and its licensors. Export Control The Site is controlled and Operated by KSC from its offices within the State of Missouri, United States of America. Unless otherwise specified, the materials on the Site are presented solely to promote and provide information about KSC's products and services available in the United States. KSC makes no representation that the materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations or other countries do so on their own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable. Software available from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported: (A) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U. S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Infringement Policy KSC, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. KSC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), KSC has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to KSC in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail: Keyhole Software, LLC 1600 Genessee, Suite 701 Kansas City, Missouri 64102 In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information: A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed. B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials. C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address. E. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law. F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed. Governance These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of Missouri, as it is applied to agreements entered into and to be performed entirely with such state. Any action you, any third party or KSC bring to enforce these Terms of Service or, in connection with, any matters related to this Site shall be brought only in either the state or Federal Courts located in Jackson County, Missouri and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
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