KBX has adopted the following Terms and Conditions of Use (these Terms), which are a legal contract between KBX Media, LLC, “DBA” Killerboombox.com (KBX), and you, the user accessing or using the Killerboombox.com web site accessible through the URL http://www. Killerboombox.com (the Site).
1. Third Party Internet Web Site KBX may from time to time provide links and pointers on the Site to internet sites maintained by KBX’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. KBX has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and KBX is not responsible for any information provided at any Third Party Sites. KBX makes no representations and provides no warranties whatsoever concerning Third Party Sites, and the fact that KBX has provided a link to any Third Party Site on the Site does not constitute an endorsement, authorization, sponsorship or affiliation by KBX 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. KBX 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
KBX 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 KBX. 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 KBX, 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, KBX 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 for any unlawful purpose.
4. Advertisers and Sponsors
Sponsors and promotional partners help to support the Site. Although KBX receives compensation from promotional partners and sponsors on the Site (collectively, “Sponsors”), KBX 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. KBX 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 KBX AND YOU.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KBX, 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 KBX’S LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
You agree to indemnify and hold harmless KBX 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.
KBX grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the “KBX Content”) on the Site solely for your personal, non-commercial use. KBX 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 KBX 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 KBX Content described above, KBX 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 KBX, 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.
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 KBX. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from KBX. Without limiting the generality of the foregoing, KBX specifically prohibits the use of any Mark as a “hot” link to the site or any KBX Media web site unless the establishment of such a link is approved in advance by KBX in writing. Failure to obtain such approval shall entitle KBX 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.
KBX 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.
KBX Media, LLC
46 Mt. Everett St. Suite 3
Boston, MA 02125