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Terms and Conditions
Agreement to terms
You agree that you are only authorized to visit, use, and view and retain a copy of pages on these Sites for your own personal use. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on these Sites is strictly prohibited without the express written permission of K¹².
You acknowledge and agree that all content, software and materials available on these Sites are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and that all right, title and interest in and to all such content, software and materials is owned by or licensed to K¹². Except as expressly authorized by K¹², you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on these Sites on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from these Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from K¹² is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited.
User content and user's grant of license
By posting information on these Sites or otherwise using any interactive service that may be available to you on or through these Sites, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content-including text, communications, software, images, sounds, data, or other information that:
Could be harmful to minors;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a username, or otherwise violates K¹²'s Terms or policies or these Terms;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, solicits passwords or personally identifiable information, or any form of lottery or gambling, sweepstakes or advertising;
Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
Impersonates any person or entity, including any employee or representative of K¹². You also agree that you will not harvest or collect information about the users or members of these Sites or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 years old) without appropriate prior verifiable parental consent. Personal information includes but is not limited to name, address, phone number, or name of their school.
K¹² does not pre-screen, monitor, or edit the content posted by users of these Sites. However, K¹² and its agents have the right at their sole discretion to remove any content that, in K¹²'s judgment, does not comply with these Terms or is otherwise harmful, objectionable, or inaccurate. K¹² is not responsible for any failure or delay in removing such content.
Further, by posting or submitting content to these Sites, you grant K¹² and its subsidiaries, affiliates and licensees the right to use, copy, reproduce, display, perform, adapt, modify, publish, transmit, distribute, have distributed, and promote the content, or any part thereof, in any and all formats now known or hereinafter used, on a world-wide basis, and waive any moral rights therein. K¹² shall be free to use such content, including ideas, concepts, know-how or techniques contained in such content for any reason whatsoever. You warrant and represent that you own or otherwise control all of the rights in and to the content and that public posting and use of your content by K¹² will not infringe or violate the rights of any third party.
Procedure for making claims of copyright infringement
K¹² and its affiliated companies respect the intellectual property of others, and we ask our content partners and users posting to these Sites to do the same. If you believe that your copyrighted work has been copied and is accessible on these Sites in a way that constitutes copyright infringement, you may notify K¹² by providing our copyright agent with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the web Sites where it is posted or the name of the book in which it has been published.
- Identification of the URL or other specific location on these Sites where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright or other intellectual property infringement on these Sites can be reached as follows.
General Counsel's Office
2300 Corporate Park Drive
Herndon, VA 20171
Phone (toll free): 888.968.7512
This contact information is only for reporting claims of copyright or other intellectual property infringement.
Linking and third party sites
Access and interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of these Sites. You agree that you will not take any action that imposes an unreasonable or disproportionately large burden on our infrastructure.
K¹² makes no representation that materials on these Sites are appropriate or available for use in locations outside the United States. Those who choose to access these Sites from other locations do so at their own risk, and are responsible for compliance with all applicable local laws.
U.S. export controls
Software from these Sites is further subject to United States export controls. No software from these Sites may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Disclaimer of warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THESE SITES (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. K¹², ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS; THAT THESE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THESE SITES IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM K¹² OR THROUGH OR FROM THESE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN K¹²'S TERMS OF SERVICE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU EXCEPT THAT K¹²'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT K¹², ITS SUBSIDIARIES, RELATED OR AFFILIATED COMPANIES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF K¹² HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE K¹² PRODUCTS, SERVICE, OR THESE SITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (v) ANY OTHER MATTER RELATING TO K¹²'S PRODUCTS OR SERVICES OR THESE SITES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU EXCEPT THAT K¹²'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by K¹², you agree to defend, indemnify, and hold harmless K¹² and its subsidiaries, affiliates and licensees, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of these Sites. K¹² reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with K¹² in asserting any available defenses.
Choice of law and forum
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of these Sites shall be filed only in the state or federal courts located in Fairfax County, Virginia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and integration
K¹² reserves the right, in its sole discretion, to terminate your access to all or part of these Sites, with or without notice. K¹² may disclose user information about you if required by applicable law or by subpoena or court order.
If you have any questions about these Terms, please click here to send us an e-mail.
These Terms were last updated on May 8, 2004.