Saturday, December 20th, 2014
KillerBoomBox

Terms & Conditions

Terms & Conditions

TERMS OF USE

KBB has adopted the following Terms and Conditions of Use (these Terms), which are a legal contract between KBB Media Partners, LLP, “DBA” Killerboombox.com (KBB), and you, the user accessing or using the Killerboombox.com web site accessible through the URL http://www. Killerboombox.com (the Site).

THESE TERMS DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES IN CONJUNCTION WITH YOUR USAGE OF THE SITE.  PLEASE READ IT CAREFULLY BEFORE ACCESSING OR USING THE SITE.  BY OPENING ANY PAGES OF THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS, JUST AS IF YOU HAD SIGNED THEM.  YOU ALSO CONSENT TO THE COLLECTION AND USE OF INFORMATION AS SET FORTH IN GREATER DETAIL IN OUR PRIVACY POLICY .

1. Third Party Internet Web Site
KBB may from time to time provide links and pointers on the Site to internet sites maintained by KBB’s affiliates or other third parties (“Third Party Sites”) and may from time to time provide third party material on the site.  These Third Party Sites and third party materials are provided as a convenience only.  KBB has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and KBB is not responsible for any information provided at any Third Party Sites.  KBB makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that KBB has provided a link to any Third Party Site on the Site does not constitute an endorsement, authorization, sponsorship or affiliation by KBB with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site.  KBB expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third Party Sites.

2. Membership Rules & Guidelines
KBB provides an opportunity for users to exchange information, ideas and opinions through the use of the Site.  Communications may take place via community areas, including but not limited to a message board, social media, comments on posts, etc by and between users such as yourself who are unaffiliated with KBB. Users are participating in such communication are solely responsible for the content thereof.  In using the Site’s community areas, you should not assume that messages have been reviewed by KBB, that communications contain correct information, or that the persons posting such communications have accurately identified themselves and/or their affiliation with any third party.  When using the Site’s community area(s), please be certain that anything you say does not compromise your personal safety.  Do not provide your name, phone number, or any other personally identifying information to people you do not know.  Do not continue any conversation online that makes you feel uncomfortable.

In order to maintain tolerant and thoughtful interaction, KBB expects you to respect the rights and dignity of others.  Accordingly, it is a condition of your use of the Site that you do not:

 

  • restrict or inhibit any other user from using and enjoying the Site’s community area(s);
  • post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
  • post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, bots, worms or Trojan horses;
  • post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder and referencing that such use has been permitted by the owner or right holder;
  • post or transmit any information, software or other material which contains a virus or other analogous harmful component;
  • post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking;
  • solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
  • impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
  • use the Site to collect personally identifying information about users of the Site in violation of our Privacy Policy; or
  • use the Site for any unlawful purpose.

KBB, at its sole and absolute discretion, shall determine whether any information transmitted or received through the Site violates this provision.  KBB reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in KBB’s sole and absolute discretion are objectionable or in violation of these Terms. You acknowledge that KBB reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site.  During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy.  Use of the Site constitutes consent to such monitoring.

3. Privacy Policy
KBB respects the privacy of its users, and has created a Privacy Policy that explains users’ rights and responsibilities with respect to personal information disclosed on the Site.  You may review this policy by clicking any of the links appearing throughout these Terms.

4.  Advertisers and Sponsors
Sponsors and promotional partners help to support the Site.  Although KBB receives compensation from promotional partners and sponsors on the Site (collectively, “Sponsors”), KBB does not endorse the products or services of our Sponsors and makes no representations or warranties about the products or services of our Sponsors.  You decide whether to click on our Sponsor’s banner ads or links and whether to make purchases from our Sponsors.  You are solely responsible for payment of all costs or fees associated with the purchase of goods and services from our Sponsors.

5.  Disclaimer of Warranties
YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.  KBB HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING CONTENT, THE SITE, AND THE EVENTS, PROMOTIONS AND CONTESTS SPONSORED BY THE SITE INCLUDING ANY WARRANTIES OF AVAILABILITY, NON-INTERCEPTION, FREEDOM FROM VIRUSES, ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THIS SECTION 5 REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN KBB AND YOU.

6.  Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KBB, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED THEREON.  IF THE FOREGOING LIMITATION IS UNENFORCEABLE, YOU AGREE THAT KBB’S LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).

7.  Indemnification
You agree to indemnify and hold harmless KBB and its directors, officers, employees and agents from and against any and all claims, actions and proceedings and any and all costs, fees (including attorneys fees), expenses, settlements, and judgments that result from your breach of these Terms or your access and use of the Site.

8.  Copyrights
KBB grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the “KBB Content”) on the Site solely for your personal, non-commercial use.  KBB may revoke such privilege at any time with or without notice for any reason or no reason.  Any and all originally produced content on the Site and any reproductions of any of the foregoing (collectively, “Works”) are the copyrighted works of KBB and/or its suppliers, and are protected under U.S. and worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the KBB Content described above, KBB grants you no other privileges or rights in any of the Works.  You acknowledge that any other use of the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance, without the prior written permission of KBB, is strictly prohibited.

Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), we reserve the right, but not the obligation, to terminate your right to use the Site if we determine in our sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing.  We accommodate and do 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), as amended, we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.

9.  Trademarks
The Killerboombox.com name and URL, and all page headers, custom graphics, logos, and button icons are service marks, trademarks and/or trade dress (collectively, the “Marks”) of KBB. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from KBB.  Without limiting the generality of the foregoing, KBB specifically prohibits the use of any Mark as a “hot” link to the Site or any KBB web site unless the establishment of such a link is approved in advance by KBB in writing.  Failure to obtain such approval shall entitle KBB to seek an injunction enjoining such use.  All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.

10.  Feedback
KBB is not responsible for material submitted to KBB or posted on the Site by users.  By communicating with KBB however, you grant KBB a nonexclusive, royalty-free, worldwide, perpetual and irrevocable license to use, reproduce, display, adapt, modify, distribute, promote, and publish any materials that you submit to KBB or post to the Site.  In addition, these materials may be used by KBB, at its sole discretion, in any manner, place, media or technology now known or later developed and without any obligation to compensate you or anyone else.  KBB reserves the right to sublicense the rights conferred to KBB in this paragraph to third parties, subject to the provisions of our Privacy Policy.

11.  Compliance
KBB makes no representation or claim that any information on the Site is appropriate or may be downloaded outside the United States of America .  Access to the Site and to any information thereon may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States of America , you do so at your own risk of liability under the laws of the United States of America or of your jurisdiction.

12 Waiver
 The Company’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

13 Severability.  If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Agreement shall remain in full force and effect.

14 Time Limitation.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Agreement or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.  SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF STATUTORY LIMITATIONS.  ACCORDINGLY, SUCH LIMITATION MAY NOT BE ENFORCEABLE AGAINST YOU.

15.  Miscellaneous
These Terms, together with our Privacy Policy constitute the entire agreement between you and KBB and supersede any and all other agreements, representations and understandings, whether written or oral.  These Terms may not be modified or amended by you without the prior written consent of KBB.  KBB may modify or amend these Terms and the Privacy Policy at any time without notice to you.  You should regularly review these Terms for any modifications or amendments to these Terms as your continued use of the Site after a modification or amendment signifies your assent and agreement to these Terms, as amended.  If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, then, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.  These Terms and your use of the Site and any participation in events or contests sponsored or announced by the Site shall be governed by the laws of the United States of America and the State Massachusetts, without regard to its conflicts of laws principles.  The parties agree that the state courts located in or serving Suffolk County, Massachusetts shall have exclusive jurisdiction over any and all claims, disputes or other controversies relating to or arising from these Terms or your use of the Site or any products and services provided by the Site.  The parties hereby expressly consent to the exercise of jurisdiction over them by such courts. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms.

KBB Media Partners, LLP
41 Holiday Street, Suite 2
Boston, MA 02122

 

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