(a) Public Use. The contents of the Site generally are only for your personal, non-commercial use. Public users may download and make one (1) copy of the content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that public users maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from K&A or the copyright holder identified in the individual contents copyright notice.
(a) you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the fights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and
(b) that you are at least eighteen (18) years old.
10. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively, the "Communications") as a public user of the Site, you hereby grant to K&A a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against K&A for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. Communications from registered subscription users to the Site shall not be disclosed to third parties, or otherwise exploited commercially by K&A without the written consent of the subscription user.
11. You acknowledge that public use transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to K&A, no confidential, fiduciary, contractually implied or other relationship is created between you and K&A other than pursuant to this Agreement.
12. This Agreement shall be governed by and construed under the laws of the state of California without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the state of California, San Diego County.
13. This Agreement constitutes the entire agreement between K&A and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the parties’ intentions through the Agreement, and the remainder of this Agreement shall continue in full force and effect. K&A disclaims any and all responsibility for content contained in any third party materials provided through links from the K&A Interact site.
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