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Key Entertainment Group Inc Legal
Please read this agreement carefully. It's a contract that governs your use
of any keyentertainmentgroup.com services or software, or other Key
Entertainment Group services or software that directly display or link to
this agreement (the "service"). By using or accessing the service, you
confirm that you agree to these terms. If you don't agree, don't use the
service. Thanks.
1. What the contract covers
This is a contract between you and the Key Entertainment Group company
listed in Section 13 ("Key Entertainment Group ," "we," "us," or "our") for
use of the service that Key Entertainment Group supplies. Sections 1–13
apply across the service. Sections 14 and 15 apply only if the service
involves payments to or from Key Entertainment Group . Sections 16–20 apply
only if you use the software or services identified in those sections. Some
of these services may not be fully available in your country or region.
Please note that we don't provide additional warranties for the service.
This contract also limits our liability to you. See Sections 9 and 10 for
details.
2. Using the service
When using the service, you must comply with this contract, all applicable
laws and the Key Entertainment Group Anti-Spam Policy As applicable, you
must also obey the code of conduct
You must not use the service to harm others or the service. For example, you
must not use the service to harm, threaten, or harass another person,
organization, or Key Entertainment Group . You must not: damage, disable,
overburden, or impair the service (or any network connected to the service);
resell or redistribute the service or any part of it; use any unauthorized
means to modify, reroute, or gain access to the service or attempt to carry
out these activities; or use any automated process or service (such as a bot,
a spider, periodic caching of information stored by Key Entertainment Group
, or metasearching) to access or use the service. You may be able to access
third-party websites or services via the service; you acknowledge that we
are not responsible for such websites or services or content that may be
available there.
3. Key Entertainment Group ID
We may provide you with credentials on our Key Entertainment Group ID
authentication network to use with the service. You're solely responsible
for your dealings with third parties (including advertisers) who use the
network, including as to the delivery of and payment for goods. This
contract applies whenever you use Key Entertainment Group ID. When you use
Key Entertainment Group ID to gain access to any website, the terms and
conditions for that website, if different from this contract, may also apply
to your use of that website.
4. Your service account, associated accounts, and accounts from third
parties
Only you may use your service account. You must keep your accounts and
passwords confidential and not authorize any third party to access or use
the service on your behalf, unless we provide an approved mechanism for
that. You must contact us right away if you suspect misuse of your accounts
or any security breach in the service. For some parts of the service, you
may be able to set up additional accounts that are dependent on your account
("associated accounts"). You're responsible for all activity that takes
place with your service account and any associated accounts.
If you use an associated account, you acknowledge that the holder of the
service account has full control over your associated account. If a third
party such as an Internet service provider, employer, or school gave you
your account, that party has rights to your account and may: manage your
account, reset your password, or suspend or cancel your account; view your
account's usage and profile data, including how and when your account is
used; and read or store content in your account, including electronic
communications, contact lists, and other information.
If you use Key Entertainment Group Family Safety software to monitor
accounts on your computer, you represent and warrant that you are authorized
to accept this contract on behalf of the individuals using those accounts.
5. Your content
Except for material that we license to you, we don't claim ownership of the
content you provide on the service. Your content remains your content. We
also don't control, verify, or endorse the content that you and others make
available on the service.
You control who may access your content. If you share content in public
areas of the service or in shared areas available to others you've chosen,
then you agree that anyone you've shared content with may use that content.
When you give others access to your content on the service, you grant them
free, nonexclusive permission to use, reproduce, distribute, display,
transmit, and communicate to the public the content solely in connection
with the service and other products and services made available by Key
Entertainment Group . If you don't want others to have those rights, don't
use the service to share your content.
You understand that Key Entertainment Group may need, and you hereby grant
Key Entertainment Group the right, to use, modify, adapt, reproduce,
distribute, and display content posted on the service solely to the extent
necessary to provide the service.
Please respect the rights of artists, inventors, and creators. Content may
be protected by copyright. People appearing in content may have a right to
control the use of their image. If you share content on the service in a way
that infringes others' copyrights, other intellectual property rights, or
privacy rights, you're breaching this contract. You represent and warrant
that you have all the rights necessary for you to grant the rights in this
section and the use of the content doesn't violate any law. We won't pay you
for your content. We may refuse to publish your content for any or no
reason. We may remove your content from the service at any time if you
breach this contract or if we cancel or suspend the service.
You're responsible for backing up the data that you store on the service. If
your service is suspended or canceled, we may permanently delete your data
from our servers. We have no obligation to return data to you after the
service is suspended or canceled. If data is stored with an expiration date,
we may also delete the data as of that date. Data that is deleted may be
irretrievable.
6. Privacy
See our Privacy policy here PRIVACY
7. Software
If you receive software from us as part of the service, its use is governed
in one of two ways: If you're presented with license terms that you must
accept in order to use the software, those terms apply; if no license is
presented to you, the terms of this contract apply. We reserve all other
rights to the software.
We may automatically check your version of the software. We may also
automatically download to your computer upgrades to the software to update,
enhance, and further develop the service.
Any software we provide is licensed, not sold. Unless we notify you
otherwise, the software license ends when your service ends. You must then
uninstall the software, or we may disable it. You must not work around any
technical limitations in the software. You must not disassemble, decompile,
or reverse engineer any software that's included in the service, except and
only to the extent that the applicable copyright law expressly permits doing
so.
The software is subject to applicable U.S. export laws and regulations. You
must comply with all domestic and international export laws and regulations
that apply to the software. These laws include restrictions on destinations,
end users, and end use. Without limitation, you may not transfer the
software or service without U.S. government permission to anyone on U.S.
government exclusion lists (see the Commerce Department's); the governments
of Iran, Sudan, or Cuba; or prohibited members of the Cuban Communist Party.
You represent and warrant that you're not on any of those lists or under the
control of or an agent for anyone on those lists or the entities listed
above.
For software that requires supplements to Key Entertainment Group software,
you may use a copy of the supplement with each validly licensed copy of the
software identified for use with it. If you don't have a license for the Key
Entertainment Group software, you may not use the supplement. The Key
Entertainment Group software license terms apply to your use of the
supplement.
If you use the software to access content that has been protected with Key
Entertainment Group Digital Rights Management (DRM), the software may
automatically request media usage rights from an online rights server and
download and install DRM updates in order to let you play the content.
You may display and print content in the fonts installed by the service, but
you may not make unauthorized copies of the fonts.
8. How we may change the contract
If we amend this contract, then we'll notify you before the change takes
effect. We may give this notice by posting it on the service or by any other
reasonable means. If you don't agree to the change, we're not obligated to
keep providing the service, and you must cancel and stop using the service
before the change becomes effective. Otherwise, the new terms will apply to
you.
9. NO WARRANTY
We provide the service "as is," "with all faults," and "as available." We
don't guarantee the accuracy or timeliness of information available from the
service. You acknowledge that computer and telecommunications systems are
not fault-free and occasional periods of downtime occur. We do not guarantee
the service will be uninterrupted, timely, secure, or error-free, or that
data loss will not occur. We and our affiliates, resellers, distributors,
and vendors give no express warranties, guarantees, or conditions. We
exclude any implied warranties, including for merchantability, satisfactory
quality, fitness for a particular purpose, workmanlike effort, and
noninfringement. You may have certain rights under your local law. Nothing
in this contract is intended to affect those rights, if they are applicable.
10. LIABILITY LIMITATION
You can recover from Key Entertainment Group and our affiliates, resellers,
distributors, agents and partner companies to include music and
entertainment industry companies and vendors only direct damages up to an
amount equal to your service fee for one month. You cannot recover any other
damages, including consequential, lost profits, special, indirect,
incidental, or punitive damages.
The limitations and exclusions apply to anything related to this contract,
for example:
The service.
Loss of data.
Content (including code) on third-party websites, third-party programs, or
third-party conduct accessed via the service.
Viruses or other disabling features that affect your access to or use of the
service.
Incompatibility between the service and other services, software, and
hardware.
Delays or failures you may have in starting or completing transmissions or
transactions in connection with the service in an accurate or timely manner.
Claims for breach of contract; breach of warranty, guarantee or condition;
strict liability; tort (including negligence or breach of statutory duty);
or misrepresentation.
The limitations and exclusions also apply if this remedy does not fully
compensate you for any losses or fails of its essential purpose or if we
knew or should have known about the possibility of the damages.
Some or all of these limitations or exclusions may not apply to you if your
state, province, or country does not allow the exclusion or limitation of
incidental, consequential, or other damages.
11. Changes to the service and cancellation
We may change the service or delete features at any time for any reason. A
particular service may be a prerelease version—a beta, for example—and may
not work correctly or in the way a final version might work. We may
significantly change the final version or decide not to release a final
version.
We may cancel or suspend your service and your access to the Key
Entertainment Group ID network at any time without notice and for any
reason. Our reasons for cancellation may include that we stop providing the
service in your region or that you breach this contract, fail to sign in to
the Key Entertainment Group ID network during a 90-day period, or don't pay
fees that you owe to us or to our agents. If your service is canceled, your
right to use the service stops immediately. If we cancel your credentials,
your right to use Key Entertainment Group ID stops immediately.
Cancellation of the service or credentials won't alter your obligation to
pay all charges made to your billing account. If we cancel the service in
its entirety without cause, we'll refund to you on a pro-rata basis any
payments that you have made based on the portion of your service that would
otherwise remain.
You may cancel your service at anytime but your paid service is considered
earned in full once you have uploaded any music, video or art file in any
format. There is no refunds to include partial refunds once an upload action
has been initiated and completed by you.
12. General legal terms
12.1. Interpreting the contract
All parts of this contract apply to the maximum extent permitted by relevant
law. If a court holds that we cannot enforce a part of this contract as
written, you and we will replace those terms with similar terms to the
extent enforceable under the relevant law, but the rest of this contract
won't change. This is the entire contract between you and us regarding the
service. It supersedes any prior contract or oral or written statements
regarding your use of the service. If you have confidentiality obligations
related to the service—for example, you may have been a beta tester—those
obligations remain. Other terms may apply when you use or pay for other Key
Entertainment Group services. The contract's section titles don't limit its
terms.
12.2. Assignment and transfer
We may assign, transfer, or otherwise dispose our rights and obligations
under this contract, in whole or in part, at any time without notice. You
may not assign this contract or transfer any rights to use the service.
12.3. No third-party beneficiaries
This contract is solely for your and our benefit. It is not for the benefit
of any other person, except for permitted successors.
12.4. Claims
Claims must be filed within one year. You must bring any claim related to
this contract or the service within one year of the date you could first
bring the claim, unless your local law requires a longer time to file
claims. If it isn't filed in time, the claim is permanently barred.
12.5. Notices
You may notify us as stated in customer support for the service. We don't
accept email notices. This contract is in electronic form. We may send you,
in electronic form, information about the service, additional information,
and information the law requires us to provide. We may provide required
information to you by email at the address you specified when you signed up
for the service or by access to a Key Entertainment Group website that we
identify. Notices emailed to you will be deemed given and received when the
email is sent. If you don't consent to receive notices electronically, you
must stop using the service.
13. Contracting party, choice of law and location for resolving disputes
You're contracting with Key Entertainment Group Corp., Nevada law governs
the interpretation of this contract and applies to claims for breach of it,
regardless of conflict of laws principles. All other claims, including
claims regarding consumer protection laws, unfair competition laws, and in
tort, will be subject to the laws of your state of residence in the United
States, or, if you live outside the United States, the laws of the country
to which we direct your service. You and we irrevocably consent to the
exclusive jurisdiction and venue of the state or federal courts Nevada, USA,
for all disputes arising out of or relating to this contract.
14. If you pay Key Entertainment Group
14.1. Cooling off period
When you request a service from us, you agree that we may begin to provide
the service immediately and that you will not be entitled to a cancellation
or "cooling off" period, except if the law requires a cooling off period
despite your waiver and even when a service starts right away. You may
cancel the service as provided in Section 14.9.
14.2. Charges
When you are paying for a service, this Section 14 applies if you pay us
directly. Even if the service itself is free, you may still incur charges
incidental to using the service, for example, charges for Internet access,
text messaging, or other data transmission.
14.3. Payment
You must be authorized to use the payment method that you enter when you
create a billing account. You authorize us to charge you for the service
using your payment method and for any paid feature of the service that you
choose to sign up for or use while this contract is in force. We may bill:
(a) in advance; (b) at the time of purchase; (c) shortly after purchase; or
(d) on a recurring basis for subscription services. Also, we may charge you
up to the amount you've approved, and we'll notify you in advance of the
difference for recurring subscription services. We may bill you
simultaneously for more than one of your prior billing periods. Once we have
informed you that the service will be provided indefinitely or automatically
renewed, we may automatically renew your service and charge you for any
renewal term.
14.4. Updates to your billing account
You must keep all information in your billing account current. You can
access and modify your billing account on the in writing by emailing Key
Entertainment Group at billing@Key Entertainment Group .com. You may change
your payment method at any time. If you tell us to stop using your payment
method and we no longer receive payment from you for the paid service, we
may cancel that service. Your notice to us will not affect charges we submit
to your billing account before we reasonably could act on your request.
14.5. Trial period offers
Unless we notify you otherwise, if you're participating in any trial period
offer, you must cancel the service by the end of the trial period to avoid
incurring new charges. If you do not cancel your service and we have told
you the service will convert to a paid subscription at the end of the trial
period, you authorize us to charge your payment method for the service.
14.6. Prices and price increases
The price stated for the service excludes all taxes and phone charges,
unless stated otherwise. You're responsible for any taxes and for all other
charges (for example, phone charges and currency exchange settlements).
We'll notify you in advance if we change the price of the service. If
there's a specific length and price for your service offer, that price will
remain in force for that time. After the offer period ends, your use of the
service will be charged at the new price. If your service is on a period
basis (for example, monthly) with no specific length, we'll notify you of
any price change at least 30 days in advance. If you don't agree to these
changes, you must cancel and stop using the service before the changes take
place. If you cancel, your service ends at the end of your current service
period or, if we bill your account on a period basis, at the end of the
period in which you canceled.
14.7. Refund policies
Unless otherwise provided by law or by a particular service offer, all
charges are earned when received and are nonrefundable, and the costs of any
returns will be at your expense.
14.8. Online statement and errors
We'll provide you with an online billing statement by email if applicable
where you can view, print, or request a paper copy of this statement. If you
request a paper copy, we may charge you a retrieval fee. We will provide
paper copies only for the past 120 days. If we make an error on your bill,
we'll correct it promptly after you tell us and we investigate the charge.
You must tell us within 120 days after an error first appears on your bill.
If you don't tell us within that time, you release us from all liability and
claims of loss resulting from the error; we won't be required to correct the
error. We can correct billing errors at any time.
14.9. Canceling the service
You may cancel the service at any time, with or without cause. By emailing
your request for cancellation to cancel@Key Entertainment Group .com with
all your account information. You may contact us at cancel@Key Entertainment
Group .com for information on canceling your service. Some service offers
may require you to pay cancellation charges as stated in the materials
describing the offer. Your cancellation of the service won't alter your
obligation to pay all charges made to your billing account.
14.10. Late payments
Except as prohibited by law, we may assess a late charge if you do not pay
on time. You must pay these late charges when we bill you for them. The late
charge will be the lesser of 1 percent of the unpaid amount each month or
the maximum rate permitted by law. We may use a third party to collect past
due amounts. You must pay for all reasonable costs we incur to collect any
past due amounts, including reasonable attorneys' fees and other legal fees
and costs. We may suspend or cancel your service if you fail to pay in full
on time.
14.11. Internet access service
If the service doesn't include Internet access, you're responsible for
paying the fees charged by your Internet access provider. Those fees are in
addition to the fees you pay us for the service. The rest of this section
applies only if your service includes Internet access. This service may not
be available in your country or region.
If you use a dial-up modem, you may incur toll, roaming, or other access
charges, depending on the number you're calling and where you're calling
from. You should check with your local telephone company first to determine
if the number you plan to use will incur such charges. Even if we suggest a
phone number for you to call, you may still incur charges, depending on your
local provider, calling location, and phone plan. We will not reimburse you
for such charges.
15. Payments to you
Your right to any payment due to you under the service is conditioned upon
you promptly providing us with all of the information we need to properly
make the payment. You must provide us with the information we request before
your right to receive the payment accrues. You're responsible for the
accuracy of the information you provide and for any taxes and charges you
may incur. You must also comply with any other conditions we place on your
right to any payment. If you receive a payment in error, we may reverse or
require return of the payment. You agree to cooperate with us in our efforts
to do this. We may also reduce your earned balance without notice to adjust
for the previous overpayment.
16. Key Entertainment Group 3rd Party Goods and Services
The following terms apply to Key Entertainment Group 3rd party offerings
Your dealings with others. Key Entertainment Group may offer goods and
services from third parties through the service. If so, for those goods and
services your relationship is with the third party only and not with us.
You're solely responsible for your dealings with any third party.
You represent and warrant that: the products and services you advertise,
sell, and distribute are legal for sale and distribution and do not violate
this contract; you have all licenses necessary to sell, distribute and
advertise the goods and services you offer; and all sales and advertisements
will comply with applicable law.
Your privacy practices. In using the service, you may be able to collect
personal information about third parties. If you do, you must: post a
privacy policy on your website that, at a minimum, discloses any and all
uses of personal information that you collect from such third parties;
provide a hypertext link to your privacy policy on the home page of your
website and on all pages where you collect personal information from third
parties, including on checkout pages; and use personal information only as
expressly permitted by your privacy policy and in accordance with applicable
data protection laws.
17. Key Entertainment Group Web App media elements and templates
If you use Key Entertainment Group Web Apps, you may have access to media
images, clip art, animations, sounds, music, video clips, templates, and
other forms of content ("media elements") provided with the software
available on Key Entertainment Group or as part of a service associated with
the software. You may copy and use the media elements in projects and
documents. You may not: (i) sell, license, or distribute copies of the media
elements by themselves or as a product if the primary value of the product
is the media elements; (ii) grant your customers rights to further license
or distribute the media elements; (iii) license or distribute for commercial
purposes media elements that include the representation of identifiable
individuals, governments, logos, trademarks, or emblems or use these types
of images in ways that could imply an endorsement or association with your
product, entity or activity; or (iv) create obscene works using the media
elements.
NOTICES
Notices and procedure for making claims of copyright infringement
Notifications of claimed copyright infringement should be sent to Key
Entertainment Group 's designated agent. INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Copyright and trademark notices
All contents of the service are Copyright © 2010 Key Entertainment Group
Corporation and Key entertainment group of Partner Companies, All rights
reserved. We or our partner companies own the title, copyright, and other
intellectual property rights in the service and content. Key Entertainment
Group , Tooz, Key Entertainment Group logo, Key Entertainment Group T logo,
and other Key Entertainment Group products and services may also be either
trademarks or registered trademarks of Key Entertainment Group in the
United States and/or other countries. The names of actual companies and
products may be the trademarks of their respective owners. Any rights not
expressly granted in this contract are reserved. All rights reserved.
Parental controls
We offer parental control protections that help you limit access to material
that is harmful to minors. To learn more about such protections, visit the
website (http://www.staysafe.org) or similar websites that provide
information on parental control protections.
Financial notice
Key Entertainment Group is not a broker/dealer or registered investment
advisor under U.S. federal securities law or securities laws of other
jurisdictions and does not advise individuals as to the advisability of
investing in, purchasing, or selling securities or other financial products
or services. Nothing contained in the service is an offer or solicitation to
buy or sell any security. Neither Key Entertainment Group nor its licensors
of stock quotes or index data endorse or recommend any particular financial
products or services. Nothing in the service is intended to be professional
advice, including but not limited to, investment or tax advice.
Support
Customer support isn't offered for the service, unless the materials we
publish in connection with a particular service specify that it is.
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