KimchiBreath™ > terms of agreement

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Service Agreement

[KimchiBreath.com] [KimchiBreath.com] KAYF's Terms of Use is designed primarily to protect our members. To help maintain a safe and fun environment at [KimchiBreath.com] KAYF, you must agree not to use [KimchiBreath.com] KAYF's products or services to:
 
  Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 

  Harm minors in any way; 

  Impersonate any person or entity, including, but not limited to, a [KimchiBreath.com] KAYF official, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

  Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 

  Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 

  Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; 

  Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation

  Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

   "Stalk" or otherwise harass another; or 

  Collect or store personal data about other users. 

You acknowledge that [KimchiBreath.com] KAYF does not pre-screen Content, but that [KimchiBreath.com] KAYF and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates this Agreement or is otherwise objectionable. 

You understand that all Content posted to the [KimchiBreath.com] KAYF system or otherwise transmitted via the Service is the sole responsibility of the individual who originally posted the Content. You agree that [KimchiBreath.com] KAYF will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service. You agree that You must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

[KimchiBreath.com] KAYF reserves the right to preserve and disclose Content posted to or transmitted via the Services if reasonably necessary to:

      Enforce this Agreement 
      Comply with a legal process 
      Protect the rights, property, or personal safety of any party.

Agree.

Privacy Statement

You acknowledge that [KimchiBreath.com] KAYF has no control of the communications lines used to access the [KimchiBreath.com] KAYF Services because such lines are provided by a third party public utility and, as such, that the security of transmissions to and from the Services is not the responsibility of [KimchiBreath.com] KAYF.

Content submitted to [KimchiBreath.com] 
(This section refers to Content that you create)

You retain all ownership rights to your Content. [KimchiBreath.com] KAYF does not claim ownership of any Content you publish on your [KimchiBreath.com] KAYF Site. You are free to use your Content online or offline in any manner you choose at any time.

When you publish your Content on the [KimchiBreath.com] KAYF systems, you grant [KimchiBreath.com] KAYF a temporary license to "rebroadcast" it. We need this license to be able to show your Content to other members and visitors. 

Here's the detailed explanation of this license: by publishing Content on your [KimchiBreath.com] KAYF Site you grant [KimchiBreath.com] KAYF a world-wide, royalty-free, and non-exclusive license to reproduce, modify, distribute, transmit and display the Content (as well as permit others - including without limitation [KimchiBreath.com] KAYF co-brand, content and syndication partners - to do the same)

[KimchiBreath.com] KAYF may use this license solely for the following purposes:

      Displaying, distributing and promoting your [KimchiBreath.com] KAYF Site 
      Promoting and marketing [KimchiBreath.com] KAYF products and services 
      Promoting and marketing the products and services of [KimchiBreath.com] KAYF partners and affiliates 
      Promoting and marketing products and services related to your Content 

[KimchiBreath.com] KAYF hereby waives any right to use this license to:

      Produce and sell reproductions of your Content directly to individual consumers (without your expressed consent) 
      Produce and sell derivative works based on your Content directly to individual consumers (without your expressed consent) 

This license exists only for as long as the Content remains Published on your [KimchiBreath.com] KAYF Site and only for as long you remain a [KimchiBreath.com] KAYF member. In the event that you remove the Content from your Public [KimchiBreath.com] KAYF Site (e.g., by deleting it or marking it "private" or "hidden") or in the event that your membership is terminated, this license shall expire (either immediately or upon termination of any promotional or marketing activities ongoing at the time).

Copyright

Content created by [KimchiBreath.com] KAYF or its suppliers
All content created by [KimchiBreath.com] KAYF, its partners, or its suppliers and included on this site, such as text, logos, graphics, images, javascript code, HTML code, and other software, is the property of [KimchiBreath.com] , Inc. (or its partners or suppliers) and protected by U.S. and international copyright laws.

Compilations of Content
Except as outlined in "Content submitted to [KimchiBreath.com] KAYF " above*, the compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of [KimchiBreath.com]  and protected by U.S. and international copyright laws. The content and software on this site may be used as a homepage creation or web-surfing resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

*Individual Contributors retain all ownership rights to their Content. [KimchiBreath.com] KAYF does not claim ownership of any Content you publish on your [KimchiBreath.com] KAYF Site. You are free to use your Content online or offline in any manner you choose at any time.

Personal Information

You hereby certify to [KimchiBreath.com] KAYF that you are at least 13 years old. [KimchiBreath.com] KAYF is intended for people who are at least 13 years old. Children under 13 are not permitted to join [KimchiBreath.com] KAYF or participate in the [KimchiBreath.com] KAYF Community.

For purposes of identification, you must provide [KimchiBreath.com] KAYF with accurate, complete, and updated information required by the registration to the [KimchiBreath.com] KAYF Service - namely, a valid email address. If you choose to purchase any of [KimchiBreath.com] KAYF pay services (including [KimchiBreath.com] KAYF Premium and [KimchiBreath.com] KAYF Personal URL), you must provide [KimchiBreath.com] KAYF with accurate, complete and updated payment data (e.g. a credit card number and expiration date). [KimchiBreath.com] KAYF may require a copy of a state issued form of identification before making changes to the registration data or billing information on a Customer's account.

Disclaimer 

This site is provided by [KimchiBreath.com]  on an "as is" basis. [KimchiBreath.com]  makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, [KimchiBreath.com]   disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. [KimchiBreath.com]  will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages.

The answers to questions provided through our website should be taken as a general opinion and not as a professional advice or counseling. Those seeking advice or counseling for specific problems or issues should contact a professional in that field.

Applicable law

This site is created and controlled by [KimchiBreath.com]  in the State of New York, USA. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms and conditions at any time.

Agree.

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