1. Your Acceptance
2. KB and Friends Website
The Website may contain links to third party websites that are not owned or controlled by KB and Friends.
KB and Friends has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
By using the Website, you expressly relieve KB AND FRIENDS
from any and all liability arising from your use of any third-party website.
3. KB and Friends Accounts
In order to access some features of the Website, you will have to create a KB and Friends account.
In creating your account, you must provide accurate and complete information, and you must promptly update such information as applicable.
You may never use another’s account without permission.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
You must notify KB and Friends immediately of any breach of security or unauthorized use of your account.
Although KB and Friends will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of KB and Friends or others due to such unauthorized use.
Except in order to operate the Website and provide its services, KB and Friends does not share your account information with third parties without your prior written consent.
4. General Use of the Website -- Permissions and Restrictions
You agree not to distribute in any medium any part of the Website, excepting layouts or crafts projects you have made for your own personal use using KB and Friends digital products, without KB and Friends’s prior written authorization.
You agree not to alter or modify any part of the Website.
You agree not to use the Website for any commercial use, including without limitation for resale, for advertising for-profit services or ventures, or mass distribution, without the prior written authorization of KB and Friends and the payment of a commercial fee.
However, digital scrapbooking products that are sold on the site specifically for commercial use and which you have purchased are allowed to be used according to the terms included with the product.
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 (e.g. comments, email) for any commercial solicitation purposes.
You agree not to solicit, for commercial purposes, any users of the Website with respect to their Layouts or Comments (defined below).
KB and Friends reserves the right to discontinue any aspect of the Website at any time.
5. Scrapbooks and Comments
This Website consists of tools, content, text, images, logos, designs and other information (“KB and Friends Content”) for purchasing digital scrapbook products for your personal use and sharing Layouts.
The Website also encourages its users to communicate via chatrooms with one another regarding these Layouts (“Comments”).
In addition, the Website allows you to contribute your own tools, content, text, images, logos, designs and other information (“Third Party Content”); you may not
modify, reproduce, distribute, and display in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner thereof.
In order to use either of these features, you must register on the Website.
The Layouts and Comments are for your personal use, and may not be used in connection with any commercial endeavors except with the prior written approval of KB and Friends and the payment of a commercial fee.
KB and Friends offers free space for storage of your low-resolution Layouts.
You acknowledge that KB and Friends’s storage is not without risk, and you agree not to hold KB and Friends liable for any lost LAYOUTS, content, OR OTHER INFORMATION from your use of the Website, regardless of fault.
While using or visiting this Website, conduct yourself with respect towards yourself and others.
KB and Friends encourages dialogue, discussion, and interaction; we trust our users to act responsibly.
So, do not engage in any conduct, whether creating Layouts or providing Comments, that is or could be considered illegal, harmful, or disrespectful.
This includes actions that are: violent, pornographic, sexually explicit, illegal, threatening, or a violation of intellectual property law.
Only upload content that you have the right to use, and you remain solely responsible for the Third Party Content you contribute to the Website.
6. Payment Terms
You acknowledge that KB and Friends charges fees for products and services on this Website.
KB and Friends may change the prices so charged from time to time in its sole discretion and without any prior notice to you.
All payments to KB and Friends, if not collected at the time of purchase, are due within thirty (30) days after such service is initiated.
You remain liable to KB and Friends for KB and Friends’ expenses (including reasonable attorneys fees) of collecting overdue accounts.
KB and Friends may charge interest on past due amounts at the rate of one and a half percent (1.5%) per month, or the highest rate permitted by applicable law.
7. Term and Termination Policy
KB and Friends reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to the Website at any time, for any or no reason, with or without prior notice, and without liability.
8. Copyrights and Licenses
You represent and warrant that: (a) you own or have the permission to post Layouts on the Website; and (b) the posting of any Layouts or Comments on the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, trademarks, or any other rights o f any person or entity.
You agree to pay for all royalties, fees, and any other monies owing any person by reason of your actions on the Website.
The KB and Friends Content provided by KB and Friends to you is protected by copyright, trademark, and other laws, and KB and Friends and its third party providers own and retain all right, title, and interest in and to the KB and Friends Content.
Except as specifically provided immediately below, nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of KB and Friends’ intellectual property without its prior written consent.
KB and Friends hereby grants you a limited, revocable, nonexclusive, nonsublicensable license to modify, reproduce, distribute, and display the KB and Friends Content as part of your personal, non-commercial use of the Website.
In addition, the Website contains the tools and content of third parties (i.e., the Third Party Content).
If you contribute Third Party Content to the Website, you hereby grant to KB and Friends a perpetual, worldwide, transferable, nonexclusive, sublicensable, royalty-free and fully paid-up license to modify, reproduce, distribute, and display the Third Party Content as part of providing services through the Website; provided, however, that you retain ownership of your Third Party Content.
you specifically acknowledge that
KB AND FRIENDS DOES NOT PRE-SCREEN ANY THIRD PARTY CONTENT.
KB and Friends will investigate, and will take actions it deems reasonably necessary, in its sole discretion, to cure or remove any proven violation.
KB and Friends will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows:
If you believe your copyright or the copyright of another has been infringed on the Website, please provide KB and Friends’ Copyright Agent with a written notice containing the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Claims of infringement by the Website should be addressed to KB and Friends’ Copyright Agent at the following street address: Copyright Agent, KB and Friends, 11676 Treadwell Drive, Poway, CA 92064.
9. Warranty Disclaimer
YOU AGREE THAT THIS WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.”
YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, KB AND FRIENDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
KB AND FRIENDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF KB AND FRIENDS CONTENT OR THIRD PARTY CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
10. Limitation of Liability
IN NO EVENT SHALL KB AND FRIENDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
IN NO EVENT SHALL KB AND FRIENDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU IN EXCESS OF THE AMOUNT OF MONEY PAID BY YOU TO KB AND FRIENDS FOR YOUR USE OF THE WEBSITE OVER THE LAST TWELVE (12) MONTHS.
THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND KB AND FRIENDS.
IF YOU DO NOT ACCEPT THIS ALLOCATION OF RISK DO NOT VISIT OR USE THE WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT KB AND FRIENDS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by KB and Friends from its facilities in the United States of America.
KB and Friends makes no representations that the KB and Friends Website is appropriate or available for use in other locations.
Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over KB and Friends, either specific or general, in jurisdictions other than California.
Any claim or dispute between you and KB and Friends that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California.