TERMS OF SERVICE
Welcome to Kelli.com, http://www.kelli.com, a website and online community
that informs and connects people with an interest in the American singer
Kelli. www.kelli.com is operated by Shadowman
Entertainment. By using http://www.kelli.com (the "Web site")
you agree to be bound by these Terms of Service (this "Agreement").
If you wish to become a registered member (a "Rider") and communicate
with other Riders and make use of the Kelli.com service (the "Service"),
you will need to agree to adhere to these Terms of Service.
This Agreement sets out the legally binding terms of your use of the Web
site and your membership in the Service and may be modified by Kelli.com
at any time and without prior notice, such modifications to be effective
upon posting by Kelli.com on the Web site. This Agreement includes Kelli.com
acceptable use policy for content posted on the web site.
1.Eligibility.
You must be sixteen or over to register as a Rider at Kelli.com or use the
Web site. Membership in the Service is void where prohibited. By using the
Web site, you represent and warrant that you have the right, authority,
and capacity to enter into this Agreement and to abide by all of the terms
and conditions of this Agreement.
2.Term.
This Agreement will remain in full force and effect while you are a Rider.
You may terminate your membership at any time, for any reason. Even after
membership is terminated, this Agreement will remain in effect.
3.Non Commercial Use by Riders.
The Web site is for the personal use of individual Riders only and may not
be used in connection with any commercial endeavors. Passwords and compiled
names, photos, links, and Web site content are not to be transferred or
copied from the Web site for use with any other product or service. Illegal
and/or unauthorized uses of the Web site, including collecting usernames
and/or email addresses of members by electronic or other means for the purpose
of sending unsolicited email and unauthorized framing of or linking to the
Web site will be investigated, and appropriate legal action will be taken,
including without limitation, civil, criminal, and injunctive redress.
4.Proprietary Rights in Content on www.kelli.com
Kelli.com owns and retains all proprietary rights in the Web site and the
Service. The Web site contains the copyrighted material, including links
and compilations of individual data, media, trademarks, and other proprietary
information of Kelli.com and its licensors. Except for that information
which is in the public domain or for which you have been given written permission,
you may not copy, modify, publish, transmit, distribute, perform, display,
or sell any such proprietary information.
5.Content Posted on the Site.
You understand and agree that Kelli.com may review and delete any content,
messages, video, photos or profiles (collectively, "Content")
that in the sole judgment of Kelli.com violate this Agreement or which might
be offensive, illegal, or that might violate the rights, harm, or threaten
the safety of Riders.
You understand and agree that Kelli.com will not tolerate attacks on Kelli,
her management, crew, Riders and other fans. Riders with grievances may
contact
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. Any such posts
will be removed immediately and the Rider responsible will receive an email
asking them to refrain from posting similar content. If a Rider makes a
second unacceptable post, they may have their Rider subscription canceled.
No refund will be issued for the remaining length of the Rider's subscription.
You are solely responsible for the Content that you publish or display (hereinafter,
"post") on the Service, or transmit to other Riders.
By posting Content to any area of Kelli.com, you automatically grant, and
you represent and warrant that you have the right to grant, to Kelli.com
an irrevocable, perpetual, non-exclusive, fully paid, worldwide license
to use, copy, perform, display, and distribute such information and content
and to prepare derivative works of, or incorporate into other works, such
information and content, and to grant and authorize sublicenses of the foregoing.
The following is a partial list of the kind of Content that is illegal or
prohibited on the Web site. Kelli.com reserves the right to investigate
and take appropriate legal action in its sole discretion against anyone
who violates this provision, including without limitation, removing the
offending communication from the Service and terminating the membership
of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes
racism, bigotry , hatred or physical harm of any kind against any group
or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters,"
or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page) ;
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual
or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
- solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid
schemes;
Even though all of this is strictly prohibited, there is a small chance
that you might become exposed to such items and you further waive your right
to any damages (from any party) related to such exposure.
You may not engage in advertising to, or solicitation of, other Riders to
buy or sell any products or services through the Service. You may not transmit
any chain letters or junk email to other Riders. Although Kelli.com cannot
monitor the conduct of its Riders off the Web site, it is also a violation
of these rules to use any information obtained from the Service in order
to harass, abuse, or harm another person, or in order to contact, advertise
to, solicit, or sell to any Rider without their prior explicit consent.
6.Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights. Without limiting
the foregoing, if you believe that your work has been copied and posted
on the Service in a way that constitutes copyright infringement, please
contact us at
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7.Rider Disputes.
You are solely responsible for your interactions with other Kelli.com Riders.
Kelli.com reserves the right, but has no obligation, to monitor disputes
between you and other Riders.
8.Disclaimers.
Kelli.com is not responsible for any incorrect or inaccurate Content posted
on the Web site or in connection with the Service, whether caused by users
of the Web site, Riders or by any of the equipment or programming associated
with or utilized in the Service. Kelli.com is not responsible for the conduct,
whether online or offline, of any user of the Web site or Rider of the Service.
Kelli.com assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of,
user or Rider communications. Kelli.com is not responsible for any problems
or technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of
email or players on account of technical problems or traffic congestion
on the Internet or at any web site or combination thereof, including injury
or damage to users and/or Riders or to any other person's computer related
to or resulting from participating or downloading materials in connection
with the Web and/or in connection with the Service. Under no circumstances
will Kelli.com be responsible for any loss or damage, including personal
injury or death, resulting from anyone's use of the Web site or the Service,
any Content posted on the Web site or transmitted to Riders, or any interactions
between users of the Web site, whether online or offline. The Web site and
the Service are provided "AS-IS" and Kelli.com expressly disclaims
any warranty of fitness for a particular purpose or non-infringement. Kelli.com
cannot guarantee and does not promise any specific results from use of the
Web site and/or the Service. The service may be temporarily unavailable
from time to time for maintenance or other reasons. No advice or information,
whether oral or written, obtained by user from Kelli.com or through or from
the service shall create any warranty not expressly stated herein.
9.Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event
will Kelli.com be liable to you or any third person for any indirect, consequential,
exemplary, incidental, special or punitive damages, including also lost
profits arising from your use of the Web site or the Service, even if Kelli.com
has been advised of the possibility of such damages.
10.Disputes.
If there is any dispute about or involving the Web site and/or the Service,
by using the Web site, you agree that the dispute will be governed by
the laws of the State of California without regard to its conflict of
law provisions. You agree to personal jurisdiction by and venue in the
state and federal courts of the State of California, City of Los Angeles.
11.Indemnity.
You agree to indemnify and hold Kelli.com, its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the Service
in violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above.
If You are a California resident, You waive California Civil Code Section
1542, which says "A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the time
of executing the release, which, if known by him must have materially
affected his settlement with the debtor."
12.No Agency.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee
relationship between Kelli.com and any User of the Service.
13.Other.
This Agreement, accepted by becoming a Rider at Kelli.com, contains the
entire agreement between you and Kelli.com regarding the use of the Web
site and/or the Service. The failure of Kelli.com to exercise or enforce
any right or provision of these Terms of Service shall not constitute
a waiver of such right or provision. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full
force and effect. The section titles in these Terms of Service are for
convenience only and have no legal or contractual effect.
If you have questions, please direct them to
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