Terms & Conditions
Kin Valley Inc. KinValley.com
Terms and Conditions V 1.0
Effective March 30, 2011
• Kin Valley Inc. patent pending “story-line” security brings security to social networking, offering a unique approach to data access and sharing that uses a public-key cryptosystem to authorize approved activities and shared files. It employs the hierarchical model of a kinship tree to define relationships that can authorize and modify over time the kinds of access individual users have to people, activities and data. The system is entirely dynamic, with special algorithms that allow secure relationships to include new and unforeseen content and activities.
• Kin Valley is a closed networked, whereby two parties must agree to be kin in order to share a valley. Parents can register their children to be kin in the valley, and are offered special guardian features, which enable a variety of gating functions to determine who has contact with their children as well as the features and content that their children can access. Although adults and teens can join through social networking sites, parents must register their children, and will have control over which adults from the parent’s network the child may have contact with in Kin Valley. Because each player has his own set of kin, each valley has the potential to be filled with different sets of people.
• Kin Valley makes it easy to link your Facebook and Twitter accounts to your Kin Valley account. No official connection exists between Kin Valley and Facebook or Twitter. Kin Valley never shares any information with any other third-party except the information you choose to post to Facebook or Twitter.
1. Important Definitions
The KinValley.com World Wide Web site (“site” or “Site”), and the services provided in connection therewith (the “Services”) (collectively, the “Software”) are owned, operated and maintained, as applicable, by Kin Valley, Inc. (“we”, “our” or “us”). By (1) using or accessing the Software; or (2) authorizing someone else to use or access the Software, you agree to the terms and conditions set forth below (“Terms”). If you do not agree with these Terms, neither you nor your designee may access or use the Software. For the purposes of this agreement, “you” or “user” means a (A) parent, guardian or other person who enables a child to access the Software (“Parent”), (B) adult, non-parent friend or relative who does not have a child using the Software (“Friend”) or (C) child under 13 years of age accessing the Software under authority of a Parent (“Child” or “Children”). Any Child or Children who accesses the Software under your authority is referred to herein as “your Child.” If you are a Parent, you agree to stand in the shoes of your Child for the purposes of making us whole in case of damages or indemnification that could properly lie against such Child. Parents, Friends and persons other than Children are referred to herein from time to time as “Adults”.
We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the site, and your continued use of the Software constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms as posted on the site.
Through our site, we enable users to engage with proprietary content or applications (defined herein as Company Content), content provided by unrelated parties (“Third Party Content”), content created or uploaded by users (“User Content”) (collectively, “Content”), and we connect Children with Parents and their Friends, as well as the Children of those Parents and Friends. In performing our services, please note we may monitor your site activity in order to improve our services and provide better user experiences. This may include, but is not limited to keeping track of users’ favorite content and activities while on the site, and performance on measurable activities; reporting a Child’s activities and performance to their Parents; and feedback received from users.
You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the site and Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
4. Registration Obligations
Any adult can register to use Kin Valley using their existing Facebook account. The Facebook account will remain linked to Kin Valley until the user manually un-links their account. The Linked Facebook account can be used to exchange photos and albums between Facebook and Kin Valley and invite Facebook users to the Service but Kin Valley will not share any available Facebook information to any third party.
For a Child to use the Services, a Parent will need to register for the Services on his/her behalf and create an account, username and password for the Child. A Child’s access to the Services will only be through the Site, and never through Facebook. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s) and for all activities and liabilities associated with or occurring under your account(s), username(s) and password(s). You must notify us immediately of any unauthorized use of your account(s), username(s) or password(s) and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account(s), username(s) or password(s), either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account(s), username(s) or password(s).
6. User Content
We want to encourage communication, creation and sharing within Kin Valley. This section helps explain the rights Kin Valley maintains with regard to content you submit to the site.
We do not claim any ownership in any materials, information, communications or ideas that you upload or otherwise transmit or post to the site, your Friends, other Parents or Children through Kin Valley or the Services by any means (“User Content”). By submitting User Content covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the User Content (the “UC License”). For example, we may use your User Content for quality control, professional development and marketing our current and future Services.
Upon your deletion of any portion of your User Content or your Kin Valley account, the UC License ends with respect to that deleted portion of your User Content unless you have shared your User Content with other Kin Valley users who have not deleted it. You agree, however, that we may retain back up copies of your User Content for a commercially reasonable time period.
You agree that we may record all or any part of any Services for quality control and other purposes and that we reserve the right to review the Services. Notwithstanding anything to the contrary above, with respect to any comments that you provide us about Kin Valley or the Services (through the site, as part of user satisfaction or similar surveys, etc.), we may use those comments for any purpose, with no obligation to pay you for them.
You acknowledge that the Software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Software (collectively, the “Company Content”) are the proprietary works of us and/or our affiliated and/or third party providers and suppliers (“Third Parties”) and are protected, without limitation, pursuant to U.S. and foreign copyright laws. Except as expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the site, Company Content, or the Services, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the Software or any other Company Content, the site or the Services. You may not store any significant portion of any Company Content or the Services in any form, whether archival files, computer-readable files or any other medium. You may not “mirror” any Company Content or the Services on any server. Any unauthorized or prohibited use of the Software, other Company Content, the site or the Services may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
You may download and print a reasonable number of copies of documentation provided or available in connection with the Company Content for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, nontransferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services, the Software and the other Company Content for noncommercial personal or educational purposes while these Terms are in full force and effect; provided that (i) any permitted copies of documentation provided or available in connection with the Company Content contain, in an unmodified form, (a) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof and (b) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (ii) you will not modify any of the Company Content except as approved by us in advance in writing. You acknowledge that we and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content, the site, and the Services including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Company Content or otherwise, including without limitation, by accessing or using the site, the Company Content or the Services . The rights granted to you herein are revocable by us in accordance with these Terms.
8. Proprietary Information
You agree to safeguard the Company Content and the Services (collectively, “Proprietary Information”) and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without our prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity. You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause us irreparable damage and that we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.
Currently, the site and Services do not contain any advertising content.
10. No Commercial Use
You may not use this site for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Kin Valley’s prior written consent to make commercial offers of any kind on the site, whether by advertising, solicitations, links, or any other form of communication. Kin Valley will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the site and barring such violators from use of the site.
Other than the White List (defined below), we will l not provide links to non-Kin Valley, Inc. World Wide Web sites or resources (“Third Party Sites”), other than certain government documents. However, since the site and Services frequently rely on and include Third Party Content (e.g., posted by Parents), we cannot and do not intend to eliminate or prevent links to Third Party Sites. See Section 12 on Content Linked to the Site for more information.
12. Content Linked to the Site
Access to Third Party Content may cause Third Party Sites to pop-up for your review. Because we have no control over Third Party Sites, you acknowledge and agree that we are not responsible for the availability of Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Sites. Kin Valley does not make any representation or warranty about any Third Party Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. If you encounter a Third Party Site interrupting the use of the site or Services, you may notify us at: support@KinValley.com
We make no representations concerning the content of sites listed in any of our directories (the “White List”). Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to the Site.
13. Public Forums and Communication
The increase of social networking sites on the web allows networks of people to access, generate, and share information and user generated content. With regard to public social networks, you acknowledge that anything you post on the site or Services may be shared on another social networking site (i.e., Facebook) by Parents of Children who are connected to both you and your Child. Parents, approved adult recipients of material from children and approved adults sharing items with Children are the only people who can post User Content to social networking sites like Facebook. You are and shall remain solely responsible for the User Content submitted and/or posted through Facebook or Child’s account and for the consequences of submitting and posting the same. You acknowledge that the use of User Content posted on social networking sites like Facebook is at your own risk.
We reserve the right to screen, refuse to post, remove or edit User Content at any time and for any or no reason at our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Content, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Content including, without limitation, the copyright, we may contact you for further information to verify for example, that you own the copyright or otherwise obtained permission to post the material.
The following is a list of rules (the “Rules”) applicable to the Site. By using the Site, you agree that:
A. You will not submit, post, upload, distribute, or otherwise make available or transmit any User Content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (including that you may not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
C. You will not (i) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations), or (ii) use any product or service available on the Site for commercial purposes of any kind;
D. You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Sites or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Sites;
E. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph;
F. You will not engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
G. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify; and
H. You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.
WE MAY CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
You agree that if you access Software through any method that is in any way improper, or allow or assist anyone else to do so, directly or indirectly, you agree to pay us [$50] per hour and any part thereof, plus all costs we incur related to detecting and investigating your improper action(s), for each hour or part thereof that you access or allow anyone else to access our system. You agree that these costs may at our sole discretion include our inside and outside attorney time and fees as well as the fees of private and forensic investigators and all court and other costs associated with collecting the amounts you owe. For the purposes of document, improper access means any access other than following our defined procedures for creating a valid account and paying for the Services you receive. Examples of improper access include (but are not limited to) using any means to circumvent our registration or payment systems, hacking our system in any way, sharing your account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, or failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account. Improper access also includes using any artifice or method (such as using multiple email accounts) to avoid paying for service. This may include, but is not limited to: using multiple email accounts, using multiple promotion codes or offers, and credit card fraud.
15. Disclaimer of Warranty; Limitations
THE COMPANY CONTENT, THE SITE, THE SERVICES AND EACH PORTION THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE, NOR THIRD PARTIES, WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, OR EMPLOYEES TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of any User Content you, or any Child which you have approved for use, submit, post to, email, or otherwise transmit to us or through the Services, your and your Children’s use of the site, the Services, the Company Content or any portion thereof, your and your Children’s connection to the Services, or or your Children’s breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
17. Trademark Notice
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the site or in any Company Content are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to U.S. and foreign trademark laws. Nothing on the site, the Services or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site or in connection with the Services or Company Content, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours and others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a “hot” link to any other World Wide Web site unless approved by us in advance in writing.
18. Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Notification must be submitted to the following Designated Agent:
Service Provider: Kin Valley Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: Kin Valley Inc.
Full Address of Designated Agent to Which Notification Should be Sent: 105 W. Riverside Drive, Suite 230 Austin, TX 78704
Telephone Number of Designated Agent: (512) 782-9911
Facsimile Number of Designated Agent: 1-800-345-5578
E-Mail Address of Designated Agent: firstname.lastname@example.org
To be effective, the notification must be a written communication that includes the following:
A. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;;
D. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: a. Your physical or electronic signature; b. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; c. A statement from you under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and d. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Kin Valley, Inc. may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
By mail: Kin Valley Inc. 105 W. Riverside Drive, Suite 230 Austin, TX 78704
By email: email@example.com
19. Local Laws; Export Control
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, if you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site. Such countries may include Cuba, Iran, Iraq, North Korea, Serbia, Syria and Sudan, and it is your responsibility to ensure that you comply with U.S. law in this regard.
20. Modification of the Services
We may add, change or eliminate features, pricing, nomenclature and other aspects of the Services and make other changes at any time and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site and /or the Services.
21. Refund and Cancellation Policy
When and if applicable, you will pay all fees or charges to your account based on Kin Valley’s fees, charges, and billing terms in effect the Software or on Kin Valley.com. You are responsible for paying any taxes that may apply. If you do not pay on time or if Kin Valley, or its authorized payment services, cannot charge your credit card, PayPal or other payment method for any reason, Kin Valley reserves the right to either suspend or terminate your access to the site and account and terminate these Terms. If you cancel your account at any time, you will receive a pro-rated refund for the balance of Services not delivered.
By using the site and/or the Services, you consent to receiving electronic communications from Kin Valley. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the site and/or Services. These electronic communications are part of your relationship with Kin Valley. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.By using the site and/or the Services, you consent to receiving electronic communications from Kin Valley. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the site and/or Services. These electronic communications are part of your relationship with Kin Valley. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Either party may terminate these Terms by providing the other with notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. We may terminate these Terms immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the site from time to time. Furthermore, we may terminate these Terms without notice to you by terminating your rights to use the site or the Services for any reason or no reason. In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, the provisions of this section which, by their nature apply after termination, and the General provisions below. All licenses granted under these Terms terminate immediately at the end of your subscription period, unless you have renewed your subscription and paid any applicable subscription fees. You agree that upon the termination of these Terms, we may delete all information related to you on the Services and may bar your access to the site and use of the Services. Upon the termination of these Terms you will immediately destroy any downloaded or printed Company Content.
These Terms and any policies applicable to you posted on the site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted herein are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns. If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect. These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Georgia applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Georgia. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.