USER AGREEMENT V.1 (“Agreement”)
1. ACCEPTANCE OF TERMS THROUGH USE
This website is owned by Killer Aces Media, LLC (“Killer Aces”). This Agreement covers all of Killer Aces's websites (“KA Websites”), including the one you are currently visiting (“Website”), and any associated content including RSS feeds, emails, newsletters, forums, podcasts, user comments, and social applications. By using any KA Websites or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use KA Websites and do not click “I agree.” Please check this Agreement periodically for changes as the owner Killer Aces reserves the right to revise this Agreement and your continued use of KA Websites following the posting of any changes to the Agreement constitutes acceptance of such changes. Killer Aces reserves the right to terminate a User’s use of KA Websites at any time without notice and may do so for any breach of this Agreement or the instructions on KA Websites by User. This Agreement applies to licensors and advertisers as well.
2. YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS WEBSITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this KA Websites, he or she should email Killer Aces with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing KA Websites from any country where material on KA Websites is prohibited or illegal, please leave now as you do not have permission to access KA Websites.
3. LICENSE TO USE THIS WEBSITE
Upon your agreement to this Agreement, Killer Aces hereby grants you a non-exclusive, non-transferable limited license to use KA Websites in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on KA Websites. You agree not to make any false or fraudulent statements in your use of or to gain access to KA Websites. You acknowledge and agree that all content and services available on KA Websites are property of Killer Aces and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by Killer Aces, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through KA Websites, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.
4. LICENSE RESTRICTIONS
4.1 Use. Except as may be explicitly permitted through KA Websites, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from KA Websites. Systematic retrieval of data or other content from KA Websites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Killer Aces is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
4.2 Security. You agree that if you are issued a Username and Password by Killer Aces, you shall use your best efforts to prevent access to KA Websites through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying Killer Aces immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via KA Websites. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Killer Aces shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
4.3 International Users. Accessing KA Websites, and services, products or contents available on KA Websites, except as expressly allowed through instructions and truthful statements by the User in regard to use of KA Websites, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access KA Websites from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on KA Websites may be downloaded, exported or reexported into Iran, Syria, Libya, Sudan, Cuba, North Korea, Yugoslav Republic (Serbia and Montenegro), Rwanda, Nigeria or any other country with restrictions imposed by the U.S. Government. By using KA Websites, you agree that you are not a citizen of or a resident in any of these countries.
4.4 Export. You agree that you shall comply with all applicable export and import control laws and regulations in your use of KA Websites, or materials or services received through KA Websites, and, in particular, you shall not export or re-export anything on or received through KA Websites in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
4.5 Government Use. If you are a branch or agency of the U.S. Government, the following provision applies. KA Websites, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
5. USER'S LICENSE GRANT TO WEBSITE
Except with regard to personal information, all information which you post on KA Websites or communicate to Killer Aces through KA Websites (collectively “Submissions”) shall forever be the property of the Killer Aces. You agree to the Website Submission Rules found here [insert link], if provided by Killer Aces, as part of this Agreement. Killer Aces shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Killer Aces services or products. Without limitation, Killer Aces shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
Killer Aces's, licensors’ or other third party materials, services or products referenced on KA Websites are common law or registered trade marks or service marks of such parties.
7. THIRD PARTY WEBSITES
You may be transferred to online merchants or other third party websites through links or frames from KA Websites. You are cautioned to read such websites’ terms and conditions and/or privacy policies before using such websites in order to be aware of the terms and conditions of your use of such websites. These websites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other websites are not under the control of Killer Aces, are not monitored or reviewed by Killer Aces, and Killer Aces is not aware of the contents of such websites. You acknowledge that Killer Aces is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such websites. The inclusion of such a link or frame does not imply endorsement of that website by Killer Aces, its advertisers or licensors, or any association with its operators and is provided solely for your convenience. You agree that Killer Aces and its licensors have no liability whatsoever from such third party websites and your usage of them.
8. DISCLAIMER OF WARRANTIES
KILLER ACES, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT KA WEBSITES, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF KA WEBSITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH KA WEBSITES.
NOTHING CONTAINED ON KA WEBSITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO, MEDICAL, LEGAL, OR FINANCIAL ADVICE.
ALL INFORMATION AND USE OF KA WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. KILLER ACES, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO KA WEBSITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF KA WEBSITES AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH KA WEBSITES, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
KILLER ACES, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH KA WEBSITES ARE ACCURATE, RELIABLE OR CORRECT; THAT KA WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH KA WEBSITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK.
USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
Killer Aces may have a financial relationship with some companies mentioned on KA Websites. We may be compensated if consumers choose to purchase a product or service via an affiliate link on KA Websites. We do not accept compensation in exchange for positive reviews.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL KILLER ACES, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, KA WEBSITES, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF KA WEBSITES, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH KA WEBSITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KILLER ACES, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, KILLER ACES, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless Killer Aces, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use KA Websites, or any services, information or products from KA Websites, or any violation of this Agreement. Killer Aces reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Killer Aces in asserting any available defenses.
11. LEGAL COMPLIANCE
Killer Aces may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used KA Websites for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Killer Aces may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Killer Aces shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Killer Aces for such disclosure.
12. CHOICE OF LAW AND FORUM
KA Websites (excluding third party linked to KA Websites) are controlled by Killer Aces from its offices within the State of California, U.S. of America. KA Websites can be access from all 50 states as well as from other countries around the world to the extent permitted by KA Websites. As each of these places has laws that may differ from California, by accessing KA Websites, both you and Killer Aces agree that the statues and laws of California shall apply to any actions or claims arising out of or in relation to this Agreement or your use of KA Websites, without regard to conflicts of laws principles thereof. You and Killer Aces also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of California and any legal proceedings shall be conducted in English. Killer Aces makes no representation that materials on KA Websites are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
This Agreement incorporates by reference the Website Submission Rules [insert link] if this specific KA Website allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of Killer Aces. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended to so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.