(Last Updated February 10, 2008)
IMPORTANT! THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS") GOVERN THE USE OF THE KEEFERMAN WEBSITE (THE "WEB SITE") BY YOU AND YOUR EMPLOYEES, AGENTS, SIDEKICKS, AND HENCHMEN (COLLECTIVELY REFERRED TO AS "YOU"). BY USING THE WEB SITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. KEEFERMAN (THE "SUPERHERO") RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN HIS SOLE DISCRETION. YOUR USE OF THE WEB SITE AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY.
1. Scope. These Terms and Conditions govern Your use of the Web site. These Terms and Conditions, however, do not necessarily apply to the Superheros products or services, which may be the subject of separate agreements.
2. Permitted Use. You have a nonexclusive, nontransferable, limited, revocable right to use the Web site solely for Your informational use in evaluating the Superhero and his products and services. You really shouldnt use the Web site for any other purpose without the Superheros express prior written consent, including, without limitation, any commercial purpose. Thatd just be uncool. For example, You may not and may not authorize any other person or entity (“Person”) to (i) frame the Web site or any portion thereof (whereby the Web site or a portion thereof will appear on a users screen with a portion of another web site, or with content or advertising of any Person without the Superheros consent), or (ii) Co-brand the Web site or any portion thereof. "Co-branding" means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the Web site the impression that such the Person is associated or fand with the Superhero, or has the right to display, publish, transmit or distribute the Website or content accessible within the Web site. In addition, You may not and may not authorize any Person to link to any part of the Web site without the Superheros prior written consent. –Or… waitaminute. Man, we all know were cool and the gang here. As long as were just kidding around and stuff, its all good, right? Just let us know and stuff so we dont get surprised or bandwidthed or anything. Thats only cool, right? You agree though to cooperate with the Superhero in causing any unauthorized framing, Co-branding, linking or similar activity to immediately cease. You may not take any action that violates our Acceptable Use Policy.
3. Proprietary Information. You acknowledge and agree that as between the Superhero and You, the Superhero is the owner of all right, title and interest in the Web site and all content accessible within the Web site (the "Content"), including, without limitation, all trademarks, service marks, trade names, patent rights, copyrights, and other intellectual property or proprietary rights with respect thereto. You will not reproduce, transmit, publish or distribute sublicense or otherwise transfer or make available to others, or edit, modify or create any derivative works of all or any part of the Web site or the Content, without the express written consent of the Superhero, other than limited printed copies of materials that you may need for Your own use and that contains all of the Superheros copyright and other notices. Without limiting the generality of the foregoing, You will not use any systematic retrieval process including without limitation, scrapers, robots, or bots, to collect, create, or compile Content or other data from the Superhero Web site.
4. Disclaimer. You will have access to a variety of third party sources of content through the use of the Web site and the Internet. The Superhero has made no effort to verify the accuracy or suitability of any information contained in any such sources, including, without limitation, any other website that you can link to from the Web site. That is an understatement. Keeferman is too busy fighting the good fight and keeping it real to keep on top of all this stuff. Accordingly, the Superhero has no liability or responsibility whatsoever for any content provided by any other Person contained on or obtained through the Web site. You acknowledge and agree that any access, use or reliance on any such third party content is at Your own risk. You understand that, except for information, products or services clearly identified as being supplied by the Superhero, the Superhero does not operate, control or endorse any information, products or services of any other Person on the Web site or the Internet in any way. You also understand and agree that the Superhero does not guarantee or warrant that files available for downloading from the Web site or through the Internet will be free of infection or viruses, worms, Trojan horses or other malicious code that may adversely effect You, Your computer or computer systems or Your data or files. In addition, You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
ACCESS TO AND YOUR USE OF THE WEB SITE AND ANY INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED “AS IS.” THE SUPERHERO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEB SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND THE SUPERHERO HEREBY DISCLAIMS THE SAME.
6. Limitation on Liability. THE SUPERHERO, HIS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE SUPERHERO AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO THE SUPERHERO TO USE THE WEB SITE AS PROVIDED IN THESE TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
7. Indemnity. You will indemnify and hold the Superhero, his licensors, content providers, service providers, employees, agents, officers, directors and contractors (the "Indemnified Parties") harmless from Your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures contained on the Web site, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Web site.
8. Trademarks. Keeferman© is a registered trademark, and the Keeferman logo and other Keeferman marks appearing on the Web Site are either registered or unregistered trademarks of the Superhero. Other trademarks, service marks and logos appearing in this Web site are the property of either the Superhero, its content providers or other third parties. The Superhero, its content providers and such third parties retain all rights with respect to any of their respective trademarks, service marks or logos.
9. Miscellaneous.A. Headings. The headings of sections of these Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any section hereof.
© 1968-2008, Keeferman