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Terms of Use

www.kevens.com

 

All of the content on this site (including all text, graphics, sounds, demos, products, and other files) is covered under US, Canadian, and international copyright and trademark laws by Kēvens and other companies, and are property of Kēvens, or are presented with permission and/or under license. This content may not be used for any commercial use without express written permission of Kēvens, and possibly other copyright or trademark owners.

 

Please read the following terms and conditions of use (the “Terms and Conditions”) which govern your use of the websites located at https://www.kevens.com (referred to herein as the “Website”) and your relationship with Kevens.com, and all individuals and companies associated with this website (collectively referred to as “Kevens” or “We”, or “Our”). If you do not agree to these Terms and Conditions, do not use Our Website. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Website. By using the Website following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

 

Use of the Website constitutes your acceptance of the Terms and Conditions.

 

General Terms and Conditions:

By using the Website, including any software and content contained therein, you agree that use of the Website is entirely at your own risk. The Website is provided to you as a convenience to provide general information about news and services available from Kevens.com, but we do not guarantee the accuracy, or completeness of the information. THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, Kevens DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, and WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

 

NEITHER KEVENS NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF KEVENS.COM, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

 

Kevens.com, or one of its customers, clients, or affiliates, is the owner and/or authorized user of any trademark, registered trademark, and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website unless otherwise indicated. Kevens.com does not grant you a license to any content, features, or materials you may access on the Website. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print a copy of the information on the Website solely for your personal use or records. If you make other use of the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material, or any other intellectual property, by including them on the Websites.

 

We reserve the right to change any information on the Websites, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within the Websites may provide you with access to other websites for which we assume no responsibility of any kind for the content, availability or otherwise. (See “Links from and to the Websites” below.) The content of the Website may vary depending on your browser functionality and limitations. For example, you may access various Kevens.com sponsors' websites by means of the “Sponsors” section of the Website.

You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, and appropriate data communications equipment.

 

In consideration of your use of the Website, you agree that you are at least eighteen (18) years of age and you agree: (a) to provide true, accurate, current, and complete information about yourself as prompted by the registration form (if you complete it, which is optional), and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Website.

 

User Conduct on the Website:

While using the Website, you may not:

 

1. upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material obtained through the Website which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or

 

2. upload, post, publish, reproduce, transmit, or distribute in any way any component of the Websites itself or derivative works with respect thereto, as the Websites is copyrighted as a collective work under U.S. copyright laws; or

 

3. upload, post, publish, or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or

 

4. upload, post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through the Websites for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material); or

 

5. Restrict or inhibit any other user from using and enjoying the Websites; or

 

6. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by the Website) or engage in spamming or flooding; or

 

7. Impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or

 

8. Post or transmit any information or software which contains a virus, Trojan horse, worm, or other harmful component.

 

We have no obligation to monitor the Website. You acknowledge and agree, however, that we do retain the right to monitor the Website and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Website properly, or to protect itself or its subscribers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate, or in violation of these Terms and Conditions.

 

Submissions:

All information submitted to the Website shall be deemed and remain the property of Nemesis Interactive, and we shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques contained in information any user provides to the Website. We shall not be subject to any obligations of confidentiality regarding submitted information.

 

Links from and to the Website:

You acknowledge and agree that Kevens.com and any of its business affiliates or customers have no responsibility for the accuracy or availability of information provided by linked websites. Links to external websites do not constitute an endorsement by Kevens or its business affiliates or customers of the sponsors of such sites or the content, products, advertising, or other materials presented on such sites. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on such external sites or resources.

 

You acknowledge and agree that we may deny you access to all or part of the Website without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of Kevens.com, or is otherwise inappropriate for continued access.

 

You agree to defend, indemnify and hold Kevens, Kevens.com, and its affiliates harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Websites or the placement or transmission of any message, information, software or other materials through the Website by you or users of your account or related to any violation of these Terms and Conditions.

 

Miscellaneous:

The Terms and Conditions and the relationship between you and Kevens.com shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You and Kevens.com each agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Florida.

 

The failure of Kevens.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

 

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 use of the Website or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

If you have any questions about these terms, the practices of this site, or your dealings with this Web site, you can contact:

info@kevens.com

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