Terms of Use
Killscreendaily.com is a website (“Site”) owned and operated by Kill Screen Media, Inc. (“Site Operators”).
Please read these Terms of Use (“Terms”) carefully before using this site. By accessing and using this Site and materials, you acknowledge and agree to abide by the following Terms of Use. If you do not agree to these Terms, do not use the Site or download any materials.
Scope of Terms:
These Terms of Use are applicable to the Site, and to any resources and tools provided through the Site, including but not limited to developer tools, download areas, research areas, community forums, chat rooms, blogs, sharing sites and product information. Hereafter, all the materials covered by these Terms of Use will be referred to as the “Materials.”
We may provide additional activity or program specific Terms of Service (for example the Community areas) and/or enable other types of User Generated Content. If so, to the extent that these Terms do not conflict with the activity or program specific Terms of Service, the Terms herein remain in full force and effect.
Security and Privacy:
Personal Data: Information submitted to the Site is governed according to the Privacy Policy.
Member Account, Password, and Security:
The Site may, from time to time, host a program or activity specific site that may require you to establish a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur under your account. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Site Operators or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Personal Non-Commercial Use:
This Site is for personal and non-commercial use. Unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials.
No Unlawful or Prohibited Use:
You agree that you will not use the Site or Material for any purpose that is unlawful or prohibited by these Terms of Use. You may not:
1. Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Use the Site, Materials, Services or activities to “stalk” or otherwise harass or harm another;
3. Impersonate any person or entity, including, but not limited to, a Site official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or Materials;
5. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. You may not use the Site or Materials in any manner that could damage, disable, overburden, or impair any server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Site or Materials or interfere with any other party’s use and enjoyment of the Site or Materials;
10. You may not attempt to gain unauthorized access to any Site or Material, other accounts, computer systems or networks connected to any server or Materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Materials;
11. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; and/or
12. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
US Government Restricted Rights:
The Materials including Software are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of the Software owner’s proprietary rights in them.
Content Related Notices:
Ownership: You acknowledge and agree that the Site Operators own all legal rights, title and interest in and to the Materials and Site, including any trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without prior written permission. Except as expressly provided herein, the Site Operators do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Translations: Where the Site has provided you with a translation of the English language version of these Terms of Use, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with the Site. If there is any contradiction between the English language version of the Terms of Use and the translation, the English language version shall take precedence.
Third Party Content: Site and Materials may contain user or third party submitted content; such content is not reviewed, approved or endorsed by the Site and is provided solely as a convenience to our customers and users. Under no circumstances will the Site Operators be liable in any way for any third party submitted or provided content, including, but not limited to, any errors or omissions, or damages of any kind. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. By your use you agree that you must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such content. All postings and use of the Site or Material are subject to these Terms of Use and any other program and site specific terms.
DMCA Copyright Infringement Claim
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. INQUIRIES NOT COMPLIANT WITH THE PROCEDURE OUTLINED MAY NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.
The Site may, in appropriate circumstances, terminate an account holder or subscriber if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact the DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
User Content Submissions
Definition: User content submissions may include but not limited to, user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, graffiti, audio, text, opinions, descriptions etc. (the “User Content”) the Site. The content submitted by users is referred to here after as “User Content”.
Non-Endorsement: We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and the Site Operators expressly disclaim any and all liability in connection with User Content submissions. The Site Operators do not permit copyright infringing activities and infringement of intellectual property rights on its web sites, and the Site will remove User Content if properly notified that such submission infringes on another’s intellectual property rights in accordance with the DMCA provisions. The Site Operators reserve the right to remove User Content at its sole discretion and without prior notice.
Ownership: We do not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Site or Materials, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Site or Material. Unless otherwise agreed to in writing, there is no compensation for User Content. The Site is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized representative, any material, information or other communication you transmit or post to the Site will be considered non-confidential and non-proprietary.
License: Unless otherwise specified on the Site or activity terms and conditions, by posting, displaying, uploading, inputting, providing or submitting such user content you grant the Site Operators, necessary sublicenses and Site users, a perpetual, irrevocable and fully sub licensable license to use worldwide, royalty-free and non-exclusive license, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
User Submitted Code: Any user submitted code or materials posted on this web site is supplied under license from the submitter, and should be used or downloaded in accordance with any license terms specified. The Site is not responsible for user submitted code nor warrants that it will work correctly.
Warranties and Representations: By posting or submitting User Content you warrant and represent that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the User Content. To the extent that the User Content submitted contains images, photographs, pictures or graphical representations in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Materials, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use or any activity specific terms of use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use.
Moderation or Pre-Screening:
You acknowledge that this Site may or may not moderate or pre-screen User Content. We retain the right, at our sole discretion to pre-screen, refuse, or remove any User Content from the Site or Materials. This Site will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Without limiting the foregoing, This Site shall have the right to remove any User Content that violates these Terms of Use.
Links to Other Materials or Sites:
The linked sites are not under the control of this Site and the operators are not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to terminate any link or linking program at any time. This Site does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Unsolicited Idea Submission Policy:
THE SITE DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES IF SITE MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO THE SITE. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO THE SITE. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT WE MAKE NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Notices and Disclosures
Exclusions of Warranty: The Materials and the Site are provided for informational purposes only. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEB SITES AND MATERIALS IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL THE SITE OPERATORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITES OR MATERIALS, EVEN IF THE SITE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE Operators SHALL NOT BE LIABLE TO YOU FOR:
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEB SITE.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES MADE TO THE SERVICES, DOCUMENTS, WEB SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SITE (OR ANY FEATURES WITHIN THE WEB SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THESE LIMITATIONS ON LIABILITY SHALL APPLY WHETHER OR NOT THE SITE OPERATORS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
Indemnification:
You agree to indemnify and hold Site Operators and their officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Site or Materials, your use of the Site or Materials, your connection to the Site or Materials, your violation of these Terms of Use or site specific Terms of Use, or your violation of any rights of another.
Accuracy and Completeness:
The Site does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Site or Materials.
Changes and Updates:
The Site reserves the right to modify or discontinue, temporarily or permanently, Site or Materials (or any part thereof) with or without notice. We may make changes to Site or Materials, or to the products described therein, at any time without notice. We make no commitment to update the Site or Materials.
General
User access to this Site is governed by all applicable federal, state and local laws. All information available on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
We make no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms and any Terms you agree to when registering for a specific site activity, constitute the entire agreement between you and the Site and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between you and the Site shall be governed by the laws of the State of Delaware, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
In the case of any violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity for such violations.
We may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on the Sites or Materials.