Conditions of Use
KK's Flair2go.com Operated by Kay Andrews
LAST UPDATED: April 5, 2001
The content on the Website, except all User Submissions, including without limitation, the text, software, scripts, graphics, music, photos, and the like ("Content") and the trademarks, service marks and logos contained therein are owned by or licensed to KK's Flair2go, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Content on the Website is provided solely for your information and personal use and cannot and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners. You agree not to engage in the use, copying, or distribution of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions obtained from the Website for any commercial purposes. If you download or print a copy of the Content of User Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any aspect of the Website.
USE OF WEBSITE
Furthermore, you agree not to use or launch any automated system, such as "robots," "spiders," "offline readers," and the like, that might cause access to the Website in a way that would deliver more messages to the server(s) of the Website in a certain period of time than a person can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Website 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 Website reserves the right, generally or specifically, to revoke these exceptions. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).
THIRD PARTY CONTENT
The Website may permit at any time you and others the right to submit related content, comments, reviews, artwork, etc. ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. However, you understand that whether or not such User Submissions are published, KK's Flair2go does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the results of posting or publishing them. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Website to use and have access with respect to the User Submissions all patent, trademark, trade secret, copyright or other proprietary rights.
Use and Storage of User Submissions: Silk Screen Ink may establish general practices and limits concerning your use of the Website and its features, including without limitation the maximum number of days that message board postings or other uploaded content will be retained by the Website, the maximum disk space that will be allotted on KK's Flair2go servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time. You agree that KK's Flair2go has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Website. You acknowledge that KK's Flair2go reserves the right to log off and remove accounts that are inactive for an extended period of time. You further acknowledge that KK's Flair2go reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
NOTICE OF COPYRIGHT ISSUES
If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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 owner, its agent, or the law; and
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.
KK's Flair2go's designated Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent/Legal Department
c/o KK's Flair2go
410 Geneseo Street
Storm Lake, IA 50588
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to KK's Flair2go customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Carlton, Oregon, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, KK's Flair2go will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Silk Screen Ink's sole discretion.
KK's Flair2go may suspend or terminate your account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the Website.
DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KK's Flair2go, AFFILIATE SITES OR THE OWNERS, WEBMASTERS OR ANY OTHER PERSONNEL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.
Your exclusive remedy for any claim shall be limited to the subscription fee paid by you for the subscription term during which the event giving rise to the claim occurred or U.S. $25.00, whichever is greater. In no event shall liability to you exceed the amount paid by you for your subscription fee. The limitations, exclusions and disclaimers set for above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.
REMEDIES, CHOICE OF LAW AND FORUM
Any controversy or claim arising out of or relating to this Agreement or any Website services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the city of Storm Lake, Iowa, USA and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or KK's Flair2go may seek any interim or preliminary relief from a court of competent jurisdiction in Storm Lake, Iowa, USA necessary to protect the rights or property of you or KK's Flair2go pending the completion of arbitration.
This contract shall be governed by Iowa law, regardless of the choice of law rules of any jurisdiction.