terms & conditions

Terms & Conditions

Restrictions on Use

This site is owned and operated by K & K Publishing and contains material which is derived in whole or in part from material supplied by K & K Publishing. The material on this site is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site including code and software without express permission from K & K Publishing. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

License to K & K Publishing

By posting messages, uploading files, inputting data, or engaging in any other form of communication through our forum service, you are granting K & K Publishing a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Disclaimer

K & K Publishing has provided links and pointers to Internet sites maintained by third parties. Neither K & K Publishing, its subsidiary companies, nor their affiliates operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. In no event shall K&K be responsible for damages, defects, safety issues or irregularities in any product purchased on or through this site. Nor is K&K responsible for notifying users of this site of any product recall or warning.

To the fullest extent permissible pursuant to applicable law, K & K Publishing disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. K & K Publishing does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards and forums, or the server that makes it available, are free of viruses or other harmful components. K & K Publishing does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not K & K Publishing) assume the entire cost of all necessary maintenance, repair, or correction.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall K & K Publishing, its subsidiary or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, K & K Publishing materials. You specifically acknowledge and agree that K & K Publishing is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any K & K Publishing material, or with any of K & K Publishing terms and conditions, your sole and exclusive remedy is to discontinue using K & K Publishing's materials.

Termination

K & K Publishing may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content.

K & K Publishing may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

This agreement is effective until terminated by K & K Publishing. This agreement can be terminated at any time without notice. In the event of termination, you are no longer authorized to access the forums and may not be able to access member portions of the site. The disclaimers and limitations of liabilities set forth in this agreement, shall survive.

Indemnification

You hereby agree to indemnify and hold K & K Publishing harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to:
(A) your use of the Website, the Services, or Merchandise purchased via the Website; or
(B) any alleged breach of this Agreement by you.

Choice of Law; Jurisdiction; Attorneys' Fees

This Agreement will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within New York County, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. K & K Publishing will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

Acceptance of Terms of Use

By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. K & K Publishing may change the terms of this Agreement at any time, and your use of the Website after such changes are posted will mean that you accept them.

Message Features and Forum

Participation. The Website may offer opportunities for you to transmit messages in connection with various features including vanity email, auctions and message boards ("Message Features"). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message ("Message") in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; (ix) contains material irrelevant to the subject matter of the Message Feature; or (x) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine.

In order to participate in any Message Feature, you may be asked to register by providing certain personal information such as your name and/or email address. (The Website's Privacy Policy explains how such information may be collected and used.) You may also be asked select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of subsections (i)-(x) above, or any other operating term set forth by License. By transmitting any Message or Screen Name, you are granting K & K Publishing a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.

Message and Screen Name Review. K & K Publishing and its vendors act as a passive conduit in connection with your use of Message Features. K & K Publishing and its vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by K & K Publishing or its vendors.

You acknowledge that Messages and Screen Names are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and K & K Publishing and its vendors other than as expressly set forth in this Agreement.

Terms of Sale

Sales from the Official Store ("Store") and sales of Subscription Content Services (the "Services") are subject to the following terms and conditions:

The Store in the Website allows you to order products supplied by independent merchandise vendors (the "Vendors").

(A) All orders are subject to product availability. K & K Publishing expressly disclaims any responsibility or liability for any damage, loss or injury arising out of: the activities of any vendor, the merchandise offered by the vendors, any loss or injury resulting from your access or inability to access the store or the services, or any loss or injury arising out of your purchase or use of the services or merchandise. K & K Publishing reserves the right to modify the price of any Merchandise or Services. K & K Publishing is not responsible for any error in copy or images relating to Merchandise or Services.

(B) With respect to Merchandise offered and/or sold via the Store, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our Store or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following:

(1) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

(2) If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Purchasing; Price; Payment. In order to purchase Merchandise or Services, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. (The Website's Privacy Policy explains how such information may be collected and used.) Your ability to purchase Merchandise and Services is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. K & K Publishing may bill your credit card at the time the Services or Merchandise is ordered or shipped. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Neither K & K Publishing or its Vendors are responsible for and must not be held liable for any breaches in transaction security by any third party.

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