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PERSONAL AND
NON-COMMERCIAL USE LIMITATION:
Unless otherwise specified, the Services are for your personal and non-commercial
use. 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 Services.
PRIVACY AND PROTECTION OF PERSONAL
INFORMATION:
See the Privacy Statement disclosures relating to the collection and use of
your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE
ON THIS WEB SITE:
Any software that is made available to download from the Services ("Software")
is the copyrighted work of The KoKoMo Group and/or its suppliers. Use of the
Software is governed by the terms of the end user license agreement, if any,
which accompanies or is included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied by
or includes a License Agreement, unless he or she first agrees to the License
Agreement terms.
The Software is made available for download solely for use by end users according
to the License Agreement. Any reproduction or redistribution of the Software
not in accordance with the License Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, THE KOKOMO GROUP
CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, THE KOKOMO GROUP MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
THE KOKOMO GROUP DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY
OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN THE KOKOMO
GROUP SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services
for or on behalf of the United States of America, its agencies and/or instrumentalities
("U.S. Government"), is provided with Restricted Rights. Use, duplication,
or disclosure by the U.S. Government is subject to restrictions as set forth
in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is The KoKoMo Group, 5816 Natoma Road, Lake Wylie, S.C. - 29710
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE
ON THIS WEB SITE:
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this permission
notice appear, (2) use of such Documents from the Services is for informational
and non-commercial or personal use only and will not be copied or posted on
any network computer or broadcast in any media, and (3) no modifications of
any Documents are made. Accredited educational institutions, such as K-12,
universities, private/public colleges, and state community colleges, may download
and reproduce the Documents for distribution in the classroom. Distribution
outside the classroom requires express written permission. Use for any other
purpose is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the The KoKoMo
Group.com Web site or any other The KoKoMo Group owned, operated, licensed
or controlled site. Elements of The KoKoMo Group Web sites are protected by
trade dress, trademark, unfair competition, and other laws and may not be
copied or imitated in whole or in part. No logo, graphic, sound or image from
any The KoKoMo Group Web site may be copied or retransmitted unless expressly
permitted by The KoKoMo Group.
THE KOKOMO GROUP AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. THE KOKOMO GROUP AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL
WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL THE KOKOMO GROUP AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE 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 INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. THE KOKOMO GROUP AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES
AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL THE KOKOMO GROUP AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE
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 SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY:
If any of the Services requires you to open an account, you must complete
the registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. 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. You
agree to notify The KoKoMo Group immediately of any unauthorized use of your
account or any other breach of security. The KoKoMo Group 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 KoKoMo Group 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.
NO UNLAWFUL OR PROHIBITED USE:
As a condition of your use of the Services, you will not use the Services
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any manner that could damage,
disable, overburden, or impair any The KoKoMo Group servers, or the network(s)
connected to any The KoKoMo Group server, or interfere with any other party's
use and enjoyment of any Services. You may not attempt to gain unauthorized
access to any Services, other accounts, computer systems or networks connected
to any The KoKoMo Group server or to any of the Services, through hacking,
password mining or any other means. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available
through the Services.
USE OF SERVICES:
The Services may contain e-mail services, bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, photo
albums,
file cabinets and/or other message or communication facilities designed to
enable you to communicate with others (each a "Communication Service"
and collectively "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and material
that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when
using
the Communication Services, you will not:
Use the Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name, material or
information.
Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws (or
by rights of privacy or publicity) unless you own or control the rights thereto
or have received all necessary consent to do the same.
Use any material or information, including images or photographs,
which are made available through the Services in any manner that infringes
any copyright, trademark, patent, trade secret, or other proprietary right
of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that
may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in
a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Services.
Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
Harvest or otherwise collect information about others, including
e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a
fee) to a person or entity any directory of users of the Services or other
user or usage information or any portion thereof.
The KoKoMo Group has no obligation to monitor the Communication Services.
However, The KoKoMo Group reserves the right to review materials posted to
the Communication Services and to remove any materials in its sole discretion.
The KoKoMo Group reserves the right to terminate your access to any or all
of the Communication Services at any time, without notice, for any reason
whatsoever.
The KoKoMo Group reserves the right at all times to disclose any information
as The KoKoMo Group deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in The KoKoMo Group's sole
discretion.
Always use caution when giving out any personally identifiable information
about yourself or your children in any Communication Services. The KoKoMo
Group does not control or endorse the content, messages or information found
in any Communication Services and, therefore, The KoKoMo Group specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Services. Managers
and hosts are not authorized The KoKoMo Group spokespersons, and their views
do not necessarily reflect those of The KoKoMo Group.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; you are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED
TO THE KOKOMO GROUP OR POSTED AT ANY KOKOMO GROUP OWNED WEB SITE:
The KoKoMo Group does not claim ownership of the materials you provide to
The KoKoMo Group (including feedback and suggestions) or post, upload, input
or submit to any Services or its associated services for review by the general
public, or by the members of any public or private community, (each a "Submission"
and collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") your Submission
you are granting The KoKoMo Group, its affiliated companies and necessary
sublicensees
permission to use your Submission in connection with the operation of their
Internet businesses (including, without limitation, all The KoKoMo Group
Services),
including, without limitation, the license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; to publish your name in connection with your Submission;
and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as
provided herein. The KoKoMo Group is under no obligation to post or use any
Submission you may provide and The KoKoMo Group may remove any Submission
at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms of
Use including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting
a Submission that contain images, photographs, pictures or that are otherwise
graphical 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 Services, (b) you have the rights necessary to grant the licenses and
sublicenses described in these 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, including, by way of example, and not as a limitation,
the distribution, public display and reproduction of such Images. By Posting
Images, you are granting (a) to all members of your private community (for
each such Images available to members of such private community), and/or
(b)
to the general public (for each such Images available anywhere on the Services,
other than a private community), permission to use your Images in connection
with the use, as permitted by these Terms of Use, of any of the Services,
(including, by way of example, and not as a limitation, making prints and
gift items which include such Images), and including, without limitation,
a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Images without having your name attached to such Images, and the right
to sublicense such rights to any supplier of the Services. The licenses granted
in the preceding sentences for a Images will terminate at the time you completely
remove such Images from the Services, provided that, such termination shall
not affect any licenses granted in connection with such Images prior to the
time you completely remove such Images. No compensation will be paid with
respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT INFRINGEMENT:
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. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE
A RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement .
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE THE KOKOMO GROUP'S SITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF THE KOKOMO GROUP AND THE KOKOMO GROUP IS
NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED
IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE KOKOMO GROUP
IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. THE KOKOMO GROUP IS PROVIDING THESE LINKS TO YOU ONLY
AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT
BY THE KOKOMO GROUP OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY:
THE KOKOMO GROUP OR ANY OF ITS EMPLOYEES DO 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 WHEN THE KOKOMO GROUP'S PRODUCTS OR MARKETING STRATEGIES MIGHT
SEEM SIMILAR TO IDEAS SUBMITTED TO THE KOKOMO GROUP. SO, PLEASE DO NOT SEND
YOUR UNSOLICITED IDEAS TO THE KOKOMO GROUP OR ANYONE AT THE KOKOMO GROUP.
IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU
STILL SEND THEM, PLEASE UNDERSTAND THAT THE KOKOMO GROUP MAKES NO ASSURANCES
THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE: Copyright © 2002
The KoKoMo Group
TRADEMARKS. The KoKoMo Group products referenced herein
are either registered trademarks or trademarks of The KoKoMo Group in the
U.S. and/or other countries. The names of actual companies and products mentioned
herein may be the trademarks of their respective owners. The example companies,
organizations, products, domain names, email addresses, logos, people and
events depicted herein are fictitious. No association with any real company,
organization, product, domain name, e-mail address, logo, person, or event
is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as listed below
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