Terms of Use

UPDATED MARCH 12, 2009
Please read these terms of use care­fully as they con­tain impor­tant infor­ma­tion regard­ing your legal rights, reme­dies and oblig­a­tions. these include var­i­ous lim­i­ta­tions and exclu­sions, and a dis­pute res­o­lu­tion clause that gov­erns how dis­putes will be resolved.

I. WHO WE ARE
KLB Enter­tain­ment is a lim­ited lia­bil­ity com­pany orga­nized and exist­ing under the laws of the ter­ri­tory of British Columbia.

II. DEFINITIONS.
The terms “we” and “us” refer to KLB Enter­tain­ment. The terms “you”, “your” and “user” refer to all indi­vid­u­als and/or enti­ties access­ing this web­site (the “Site”) for any reason.

III. MODIFICATIONS
We reserve the right to mod­ify these Terms of Use (the “Agree­ment”) and any poli­cies affect­ing this Site. Any mod­i­fi­ca­tion is effec­tive as of the ear­lier of:(A) The post­ing of the changes or new Terms of Use on this Site; or
(B) The dis­tri­b­u­tion via elec­tronic mail of the changes or new Agreement.Your con­tin­ued use of the Site more than 30 days fol­low­ing the effec­tive date of any mod­i­fi­ca­tion to this Agree­ment shall be con­clu­sively deemed an accep­tance of all such modification(s). It is your respon­si­bil­ity to reg­u­larly check this Site to deter­mine if there have been changes to this Agree­ment and to review such changes.

IV. PURPOSE.
The pur­pose of our site is to enable per­sons to com­mu­ni­cate with each other as well as vol­un­tar­ily par­tic­i­pate in con­sumerism, con­tests and other incen­tives result­ing in spe­cial gifts and prizes.PURCHASE OF, OR AGREEING TO, MEMBERSHIP IN ANY SITE HOSTED AND/OR MAINTAINED BY US, DOES NOT GUARANTEE ACCESS TO ANY TICKETS, MERCHANDISE, GIVEAWAYS, OR ANY OTHER PROMOTION, CONTEST, OR PRIZE.

V. PROPRIETARY RIGHTS.
You acknowl­edge that you are aware that we own the copy­rights in our Site and agree that you will not copy or mod­ify the under­ly­ing code with­out our express writ­ten per­mis­sion. Addi­tion­ally, all con­tent on the Site and avail­able through the Site, includ­ing but not lim­ited to designs, text, graph­ics, pic­tures, video, infor­ma­tion, appli­ca­tions, soft­ware, music, sound and other files, and their selec­tion and arrange­ment (the “Site Con­tent”), are the pro­pri­etary prop­erty of us, our users or our licen­sors with all rights reserved. No Site Con­tent may be mod­i­fied, copied, dis­trib­uted, framed, repro­duced, repub­lished, down­loaded, dis­played, posted, trans­mit­ted, or sold in any form or by any means, in whole or in part, with­out our prior writ­ten per­mis­sion, except that the fore­go­ing does not apply to your own User Con­tent (as defined below) that you legally post on the Site. Pro­vided that you are eli­gi­ble for use of the Site, you are granted a lim­ited license to access and use the Site and the Site Con­tent and to down­load or print a copy of any por­tion of the Site Con­tent to which you have prop­erly gained access solely for your per­sonal, non-commercial use, pro­vided that you keep all copy­right or other pro­pri­etary notices intact. Except for your own User Con­tent, you may not upload or repub­lish Site Con­tent on any Inter­net, Intranet or Extranet site or incor­po­rate the infor­ma­tion in any other data­base or com­pi­la­tion, and any other use of the Site Con­tent is strictly pro­hib­ited. Such license is sub­ject to this Agree­ment and does not include use of any data min­ing, robots or sim­i­lar data gath­er­ing or extrac­tion meth­ods. Any use of the Site or the Site Con­tent other than as specif­i­cally autho­rized herein, with­out our prior writ­ten per­mis­sion, is strictly pro­hib­ited and will ter­mi­nate the license granted herein. Such unau­tho­rized use may also vio­late applic­a­ble laws includ­ing with­out lim­i­ta­tion copy­right and trade­mark laws and applic­a­ble com­mu­ni­ca­tions reg­u­la­tions and statutes. Unless explic­itly stated herein, noth­ing in this Agree­ment shall be con­strued as con­fer­ring any license to intel­lec­tual prop­erty rights, whether by estop­pel, impli­ca­tion or oth­er­wise. This license is revo­ca­ble at any time with­out notice and with or with­out cause.

VI. ELIGIBILITY.
Use of and Mem­ber­ship to this Site is void where pro­hib­ited. By using the Site, you rep­re­sent and war­rant that (a) all reg­is­tra­tion infor­ma­tion you sub­mit is truth­ful and accu­rate; (b) you will main­tain the accu­racy of such infor­ma­tion; and © your use of the Site does not vio­late any applic­a­ble law or reg­u­la­tion. Your pro­file may be deleted and your mem­ber­ship may be ter­mi­nated with­out warn­ing, if we believe that you have failed to adhere to the aforementioned.

VII. REGISTRATION DATA; ACCOUNT SECURITY
In con­sid­er­a­tion of your use of the Site, you agree to (a) pro­vide accu­rate, cur­rent and com­plete infor­ma­tion about you as may be prompted by any reg­is­tra­tion forms on the Site (“Reg­is­tra­tion Data”); (b) main­tain the secu­rity of your pass­word and iden­ti­fi­ca­tion; © main­tain and promptly update the Reg­is­tra­tion Data, and any other infor­ma­tion you pro­vide to us, to keep it accu­rate, cur­rent and com­plete; and (d) be fully respon­si­ble for all use of your account and for any actions that take place using your account.

VIII. YOUR CONDUCT
You under­stand that except for adver­tis­ing pro­grams offered by us on the Site that the Site is avail­able for your per­sonal, non-commercial use only. You rep­re­sent, war­rant and agree that no mate­ri­als of any kind sub­mit­ted through your account or oth­er­wise posted, trans­mit­ted, or shared by you on or through the Site will vio­late or infringe upon the rights of any third party, includ­ing copy­right, trade­mark, pri­vacy, pub­lic­ity or other per­sonal or pro­pri­etary rights; or con­tain libelous, defam­a­tory or oth­er­wise unlaw­ful material.In addi­tion, you agree not to use the Site to: har­vest or col­lect email addresses or other con­tact infor­ma­tion of other users from the Site by elec­tronic or other means for the pur­poses of send­ing unso­licited emails or other unso­licited com­mu­ni­ca­tions; use the Site in any unlaw­ful man­ner or in any other man­ner that could dam­age, dis­able, over­bur­den or impair the Site; use auto­mated scripts to col­lect infor­ma­tion from or oth­er­wise inter­act with the Site; upload, post, trans­mit, share, store or oth­er­wise make avail­able any con­tent that we deem to be harm­ful, threat­en­ing, unlaw­ful, defam­a­tory, infring­ing, abu­sive, inflam­ma­tory, harass­ing, vul­gar, obscene, fraud­u­lent, inva­sive of pri­vacy or pub­lic­ity rights, hate­ful, or racially, eth­ni­cally or oth­er­wise objec­tion­able; upload, post, trans­mit, share, store or oth­er­wise make avail­able any videos other than those of a per­sonal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are orig­i­nal art or ani­ma­tion cre­ated by you or your friends; reg­is­ter for more than one User account, reg­is­ter for a User account on behalf of an indi­vid­ual other than your­self, or reg­is­ter for a User account on behalf of any group or entity; imper­son­ate any per­son or entity, or falsely state or oth­er­wise mis­rep­re­sent your­self, your age or your affil­i­a­tion with any per­son or entity; upload, post, trans­mit, share or oth­er­wise make avail­able any unso­licited or unau­tho­rized adver­tis­ing, solic­i­ta­tions, pro­mo­tional mate­ri­als, “junk mail,” “spam,” “chain let­ters,” “pyra­mid schemes,” or any other form of solic­i­ta­tion; upload, post, trans­mit, share, store or oth­er­wise make pub­licly avail­able on the Site any pri­vate infor­ma­tion of any third party, includ­ing, with­out lim­i­ta­tion, addresses, phone num­bers, email addresses, Social Secu­rity num­bers and credit card num­bers; solicit per­sonal infor­ma­tion from any­one under 18 or solicit pass­words or per­son­ally iden­ti­fi­able infor­ma­tion for com­mer­cial or unlaw­ful pur­poses; upload, post, trans­mit, share 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; intim­i­date or harass another; upload, post, trans­mit, share, store or oth­er­wise make avail­able con­tent that would con­sti­tute, encour­age or pro­vide instruc­tions for a crim­i­nal offense, vio­late the rights of any party, or that would oth­er­wise cre­ate lia­bil­ity or vio­late any local, state, national or inter­na­tional law; use or attempt to use another’s account, ser­vice or sys­tem with­out autho­riza­tion from us, or cre­ate a false iden­tity on the Site. upload, post, trans­mit, share, store or oth­er­wise make avail­able con­tent that, in the sole judg­ment of us, is objec­tion­able or which restricts or inhibits any other per­son from using or enjoy­ing the Site, or which may expose us or our users to any harm or lia­bil­ity of any type.

IX. YOUR CONTENT
You are solely respon­si­ble for the pho­tos, pro­files, mes­sages, notes, text, infor­ma­tion, music, video, adver­tise­ments, list­ings, and other con­tent that you upload, pub­lish or dis­play (here­inafter, “post”) on or through the Site, or trans­mit to or share with other users (col­lec­tively the “User Con­tent”). You may not post, trans­mit, or share User Con­tent on the Site that you did not cre­ate or that you do not have per­mis­sion to post. You under­stand and agree that we may, but are not oblig­ated to, review the Site and may delete or remove (with­out notice) any Site Con­tent or User Con­tent in our sole dis­cre­tion, for any rea­son or no rea­son, includ­ing with­out lim­i­ta­tion User Con­tent that in our sole judg­ment vio­lates this Agree­ment, or which might be offen­sive, ille­gal, or that might vio­late the rights, harm, or threaten the safety of users or oth­ers. You are solely respon­si­ble at your sole cost and expense for cre­at­ing backup copies and replac­ing any User Con­tent you post or store on the Site or pro­vide to us.

When you post User Con­tent to the Site, you autho­rize and direct us to make such copies thereof as we deem nec­es­sary in order to facil­i­tate the post­ing and stor­age of the User Con­tent on the Site. By post­ing User Con­tent to any part of the Site, you auto­mat­i­cally grant, and you rep­re­sent and war­rant that you have the right to grant, to us an irrev­o­ca­ble, per­pet­ual, non-exclusive, trans­fer­able, fully paid, world­wide license (with the right to sub­li­cense) to use, copy, pub­licly per­form, pub­licly dis­play, refor­mat, trans­late, excerpt (in whole or in part) and dis­trib­ute such User Con­tent for any pur­pose on or in con­nec­tion with the Site or the pro­mo­tion thereof, to pre­pare deriv­a­tive works of, or incor­po­rate into other works, such User Con­tent, and to grant and autho­rize sub­li­censes of the fore­go­ing. You may remove your User Con­tent from the Site at any time. If you choose to remove your User Con­tent, the license granted above will auto­mat­i­cally expire, how­ever you acknowl­edge that we may retain archived copies of your User Content.

X. COPYRIGHT INFRINGEMENT
Wherein we receive proper writ­ten noti­fi­ca­tion of alleged copy­right infringe­ment, we will promptly remove or dis­able access to the allegedly infring­ing mate­r­ial and ter­mi­nate the accounts of repeat infringers as described herein in accor­dance with the Dig­i­tal Mil­len­nium Copy­right Act. If you believe that any mate­r­ial on the Site infringes upon any copy­right which you own or con­trol, you may send a writ­ten noti­fi­ca­tion of such infringe­ment to support@karenleebatten.com.The fastest and eas­i­est way to notify KLB Enter­tain­ment of alleged copy­right infringe­ment is by the following:support@karenleebatten.com

If you choose to request removal of con­tent by sub­mit­ting an infringe­ment noti­fi­ca­tion, please remem­ber that you are ini­ti­at­ing a legal process. Do not make false claims. Mis­use of this process may result in the sus­pen­sion of your account or other legal consequences.We will also accept free-form copy­right infringe­ment noti­fi­ca­tions, sub­mit­ted by email, fax and mail.

(A) REPEAT INFRINGER.

In accor­dance with the Dig­i­tal Mil­len­nium Copy­right Act (DMCA) and other applic­a­ble law, we have adopted a pol­icy of ter­mi­nat­ing, in appro­pri­ate cir­cum­stances and at our sole dis­cre­tion, mem­bers who are deemed to be repeat infringers. We may also in our sole dis­cre­tion limit access to the Site and/or ter­mi­nate the mem­ber­ships of any users who infringe any intel­lec­tual prop­erty rights of oth­ers, whether or not there is any repeat infringement.

XI. THIRD PARTY WEBSITES AND CONTENT.
The Site con­tains (or you may be sent through the Site) links to other web sites (“Third-Party Sites”) as well as arti­cles, pho­tographs, text, graph­ics, pic­tures, designs, music, sound, video, infor­ma­tion, appli­ca­tions, soft­ware and other con­tent or items belong­ing to or orig­i­nat­ing from third par­ties (the “Third-Party Appli­ca­tions, Soft­ware or Con­tent”). Such Third-Party Sites and Third-Party Appli­ca­tions, Soft­ware or Con­tent are not inves­ti­gated, mon­i­tored or checked for accu­racy, appro­pri­ate­ness, or com­plete­ness by us, and we are not respon­si­ble for any Third-Party Sites accessed through the Site or any Third-Party Appli­ca­tions, Soft­ware or Con­tent posted on, avail­able through or installed from the Site, includ­ing with­out lim­i­ta­tion the con­tent, accu­racy, offen­sive­ness, opin­ions, reli­a­bil­ity, pri­vacy prac­tices or other poli­cies of or con­tained in the Third-Party Sites or the Third-Party Appli­ca­tions, Soft­ware or Con­tent. Inclu­sion of, link­ing to or per­mit­ting the use or instal­la­tion of any Third-Party Site or any Third-Party Appli­ca­tions, Soft­ware or Con­tent does not imply approval or endorse­ment thereof by us. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Appli­ca­tions, Soft­ware or Con­tent, you do so at your own risk and you should be aware that our terms and poli­cies no longer gov­ern. You should review the applic­a­ble terms and poli­cies, includ­ing pri­vacy and data gath­er­ing prac­tices, of any site to which you nav­i­gate from the Site or relat­ing to any appli­ca­tions you use or install from the site.

XII. SHARE SERVICE.
We offer a fea­ture whereby users of the Site can share with oth­ers or post to their own mem­ber pro­file, videos, arti­cles and other Third-Party Appli­ca­tions, Soft­ware or Con­tent from, and/or links to, Third-Party Sites through the Ser­vice (the “Share Ser­vice”). You acknowl­edge and agree that your use of the Share Ser­vices and all links, User Con­tent or Third-Party Appli­ca­tions, Soft­ware or Con­tent shared through the Share Ser­vice is sub­ject to, and will fully com­ply with the user con­duct rules set forth above and the other terms and con­di­tions set forth in these Terms of Use.

XIII. PLATFORM APPLICATIONS
Plat­form Appli­ca­tions are a set of APIs and ser­vices pro­vided by us that enable third-party devel­op­ers (“Plat­form Devel­op­ers”) to cre­ate web­sites and appli­ca­tions that retrieve data made avail­able by us and its users and/or that retrieve autho­rized data from third-party sites for use on this Site (“Plat­form Applications”).Platform Devel­op­ers may use our Plat­form and cre­ate Plat­form Appli­ca­tions only in accor­dance with the terms and con­di­tions set forth in an agree­ment entered into between us and the Plat­form Devel­oper (“Devel­oper Terms”). We may from time to time enter into sep­a­rate agree­ments with cer­tain third-party Plat­form Devel­op­ers that con­tain dif­fer­ent or addi­tional terms, pro­vided how­ever, that each such sep­a­rate agree­ment will require the third-party Plat­form Devel­oper to only dis­play your infor­ma­tion in accor­dance with your pri­vacy set­tings. ALL USE OF THE PLATFORM APPLICATION IS PROVIDEDAS ISAND AT YOUR OWN RISK. Users who install Plat­form Appli­ca­tions must agree to the terms and con­di­tions for the par­tic­u­lar Plat­form Appli­ca­tion (“Appli­ca­tion User Terms”) and these Terms of Use. The Appli­ca­tion User Terms are sub­ject to change with­out prior notice at any time, in the our sole dis­cre­tion, so you should review these terms each time you install an appli­ca­tion and from time to time. Plat­form Devel­op­ers may require you to agree to their own terms of ser­vice, pri­vacy poli­cies and/or other poli­cies as a con­di­tion of using Plat­form Appli­ca­tions. Plat­form Appli­ca­tions have not been approved, endorsed, or reviewed in any man­ner by us, and we are not respon­si­ble for your use of or inabil­ity to use any Plat­form Appli­ca­tions, includ­ing with­out lim­i­ta­tion the con­tent, accu­racy, or reli­a­bil­ity of such Appli­ca­tion and the pri­vacy prac­tices or other poli­cies of Devel­op­ers. YOUR USE OF SUCH PLATFORM APPLICATION IS AT YOUR OWN RISK.

If you, your friends or mem­bers of your net­work use any Plat­form Appli­ca­tions, such Plat­form Appli­ca­tions may access and share cer­tain infor­ma­tion about you with oth­ers in accor­dance with your pri­vacy set­tings as fur­ther described in our Pri­vacy Pol­icy. Plat­form Devel­op­ers are required to agree to restric­tions on access, stor­age and use of such infor­ma­tion. How­ever, while we have under­taken con­trac­tual and tech­ni­cal steps to restrict pos­si­ble mis­use of such infor­ma­tion by such Plat­form Devel­op­ers, we do not screen or approve Plat­form Devel­op­ers, and we can­not and do not guar­an­tee that all Plat­form Devel­op­ers will abide by such restric­tions and agree­ments. Cer­tain actions you take through the Plat­form Appli­ca­tions may be dis­played to your friends in your pro­file, mini-feed and news feed, and you may optout of dis­play­ing your Plat­form Appli­ca­tion actions on the Pri­vacy Set­tings page. Please report any sus­pected mis­use of infor­ma­tion through the Plat­form Appli­ca­tion to support@karenleebatten.com.

XIV. USER DISPUTES.
You are solely respon­si­ble for your inter­ac­tions with other users of this site. We reserve the right, but have no oblig­a­tion, to mon­i­tor dis­putes between you and other users.

XV. PRIVACY.
We care about the pri­vacy of our users. Use of the Site is also gov­erned by our Pri­vacy Pol­icy, which is incor­po­rated by ref­er­ence into this Agree­ment. By using the Site, you are con­sent­ing to have your per­sonal data trans­ferred to and processed in the United States.

XVI. DISCLAIMERS.
We are not respon­si­ble or liable in any man­ner for any User Con­tent or Third Party Appli­ca­tions, Soft­ware or Con­tent posted on the Site or in con­nec­tion with the Ser­vice, whether posted or caused by users of the Site, by KLB Enter­tain­ment™, by third par­ties or by any of the equip­ment or pro­gram­ming asso­ci­ated with or uti­lized in the Site. Although we pro­vide rules for User con­duct and post­ings, we do not con­trol and are not respon­si­ble for what users post, trans­mit or share on the Site and are not respon­si­ble for any offen­sive, inap­pro­pri­ate, obscene, unlaw­ful or oth­er­wise objec­tion­able con­tent you may encounter on the Site or in con­nec­tion with any User Con­tent or Third-Party Appli­ca­tions, Soft­ware or Con­tent. We are not respon­si­ble for the con­duct, whether online or offline, of any user of the Site.The Site may be tem­porar­ily unavail­able from time to time for main­te­nance or other rea­sons. We assume 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 com­mu­ni­ca­tions. We are not respon­si­ble for any tech­ni­cal mal­func­tion or other prob­lems of any tele­phone net­work or ser­vice, com­puter sys­tems, servers or providers, com­puter or mobile phone equip­ment, soft­ware, fail­ure of email or play­ers on account of tech­ni­cal prob­lems or traf­fic con­ges­tion on the Inter­net or at any Site or com­bi­na­tion thereof, includ­ing injury or dam­age to user’s or to any other person’s com­puter, mobile phone, or other hard­ware or soft­ware, related to or result­ing from using or down­load­ing mate­ri­als in con­nec­tion with the Web and/or in con­nec­tion with the Site. Under no cir­cum­stances will we be respon­si­ble for any loss or dam­age, includ­ing any loss or dam­age to any User Con­tent or per­sonal injury or death, result­ing from anyone’s use of the Site, any User Con­tent or Third-Party Appli­ca­tions, Soft­ware or Con­tent posted on or through the Site or trans­mit­ted to Users, or any inter­ac­tions between users of the Site, whether online or offline.The site, includ­ing any plat­form appli­ca­tions and the site con­tent are pro­vided “asis” and the com­pany dis­claims any and all rep­re­sen­ta­tions and war­ranties, whether express or implied, includ­ing with­out lim­i­ta­tion implied war­ranties of title, mer­chantabil­ity, fit­ness for a par­tic­u­lar pur­pose or non-infringement. The com­pany can­not guar­an­tee and does not promise any spe­cific results from use of the site and/or the ser­vice and/or any plat­form appli­ca­tions. We do not rep­re­sent or war­rant that soft­ware, con­tent or mate­ri­als on the site or any plat­form appli­ca­tions are accu­rate, com­plete, reli­able, cur­rent or error-free or that the site or its servers, or any plat­form appli­ca­tions are free of viruses or other harm­ful com­po­nents. There­fore, you should exer­cise cau­tion in the use and down­load­ing of any such soft­ware, con­tent or mate­ri­als and use industry-recognized soft­ware to detect and dis­in­fect viruses. With­out lim­it­ing the fore­go­ing, you under­stand and agree that you down­load or oth­er­wise obtain con­tent, mate­r­ial, data or soft­ware from or through the site and any plat­form appli­ca­tions at your own dis­cre­tion and risk and that you will be solely respon­si­ble for your use thereof and any dam­ages to your mobile device or com­puter sys­tem, loss of data or other harm of any kind that may result.

We reserve the right to change any and all con­tent, soft­ware and other items used or con­tained in the Site and any Ser­vices and Plat­form Appli­ca­tions offered through the Site at any time with­out notice. Ref­er­ence to any prod­ucts, ser­vices, processes or other infor­ma­tion, by trade name, trade­mark, man­u­fac­turer, sup­plier or oth­er­wise does not con­sti­tute or imply endorse­ment, spon­sor­ship or rec­om­men­da­tion thereof, or any affil­i­a­tion there­with, by us.

XVII. LIMITATION ON LIABILITY
In no event will we or our direc­tors, employ­ees or agents be liable to you or any third per­son for any indi­rect, con­se­quen­tial, exem­plary, inci­den­tal, spe­cial or puni­tive dam­ages, includ­ing for any lost prof­its or lost data aris­ing from your use of the site, any plat­form appli­ca­tions or any of the site con­tent or other mate­ri­als on, accessed through or down­loaded from the site, even if the com­pany is aware or has been advised of the pos­si­bil­ity of such dam­ages. Notwith­stand­ing any­thing to the con­trary con­tained herein, our lia­bil­ity to you for any cause what­so­ever, and regard­less of the form of the action, will at all times be lim­ited to the amount paid, if any, by you to us for the ser­vice dur­ing the term of mem­ber­ship, but in no case will the company’s lia­bil­ity to you exceed $1000. You acknowl­edge that if no fees are paid to us for the ser­vice, you shall be lim­ited to injunc­tive relief only, unless oth­er­wise per­mit­ted by law, and shall not be enti­tled to dam­ages of any kind from us, regard­less of the cause of action.Certain state laws do not allow lim­i­ta­tions on implied war­ranties or the exclu­sion or lim­i­ta­tion of cer­tain dam­ages. If these laws apply to you, some or all of the above dis­claimers, exclu­sions or lim­i­ta­tions may not apply to you, and you may have addi­tional rights.

XVIII. TERMINATION.
We may ter­mi­nate your mem­ber­ship, delete your pro­file and any con­tent or infor­ma­tion that you have posted on the Site or through any Plat­form Appli­ca­tion and/or pro­hibit you from using or access­ing the Site or any Plat­form Appli­ca­tion (or any por­tion, aspect or fea­ture of the Site or any Plat­form Appli­ca­tion) for any rea­son, or no rea­son, at any time in our sole dis­cre­tion, with or with­out notice, includ­ing with­out lim­i­ta­tion if we believe that you are under 13, or under 18 and not in high school or col­lege. When we are noti­fied that a user has died, we will gen­er­ally, but are not oblig­ated to, keep the user’s account active under a spe­cial memo­ri­al­ized sta­tus for a period of time deter­mined by us to allow other users to post and view comments.

XIX. GOVERNING LAW; VENUE AND JURISDICTION
By vis­it­ing or using the Site, you agree that the laws of the State of Cal­i­for­nia, with­out regard to prin­ci­ples of con­flict of laws, will gov­ern this Agree­ment and any dis­pute of any sort that might arise between you and us or any of our affil­i­ates. With respect to any dis­putes or claims not sub­ject to arbi­tra­tion (as set forth below), you agree not to com­mence or pros­e­cute any action in con­nec­tion there­with other than in the state and fed­eral courts of Cal­i­for­nia, and you hereby con­sent to, and waive all defenses of lack of per­sonal juris­dic­tion and forum non con­ve­niens with respect to venue and juris­dic­tion in the state and fed­eral courts of California.

XX. ARBITRATION
You and we agree that, except as may oth­er­wise be pro­vided in regard to spe­cific ser­vices on the site in any spe­cific terms applic­a­ble to those ser­vices, the sole and exclu­sive forum and rem­edy for any and all dis­putes and claims relat­ing in any way to or aris­ing out of these terms of use, the site and/or the ser­vice (includ­ing your visit to or use of the site and/or the ser­vice) shall be final and bind­ing arbi­tra­tion, except that: (a) to the extent that either of us has in any man­ner infringed upon or vio­lated or threat­ened to infringe upon or vio­late the other party’s patent, copy­right, trade­mark or trade secret rights, or you have oth­er­wise vio­lated any of the user con­duct rules set forth above or in the Code of Con­duct then the par­ties acknowl­edge that arbi­tra­tion is not an ade­quate rem­edy at law and that injunc­tive or other appro­pri­ate relief may be sought; and (b) no dis­putes or claims relat­ing to any trans­ac­tions you enter into with a third party through this Site may be arbitrated.Arbitration under this Agree­ment shall be con­ducted by the Amer­i­can Arbi­tra­tion Asso­ci­a­tion (the “AAA”) under its Com­mer­cial Arbi­tra­tion Rules and, in the case of con­sumer dis­putes, the AAA’s Sup­ple­men­tary Pro­ce­dures for Con­sumer Related Dis­putes ( the “AAA Con­sumer Rules”) (col­lec­tively the “AAA Rules”). The loca­tion of the arbi­tra­tion and the allo­ca­tion of costs and fees for such arbi­tra­tion shall be deter­mined in accor­dance with such AAA Rules and shall be sub­ject to the lim­i­ta­tions pro­vided for in the AAA Con­sumer Rules (for con­sumer dis­putes). If such costs are deter­mined to be exces­sive in a con­sumer dis­pute, we will be respon­si­ble for pay­ing all arbi­tra­tion fees and arbi­tra­tor com­pen­sa­tion in excess of what is deemed rea­son­able. The arbitrator’s award shall be bind­ing and may be entered as a judg­ment in any court of com­pe­tent jurisdiction.To the fullest extent per­mit­ted by applic­a­ble law, No arbi­tra­tion or claim under these terms of use shall be joined to any other arbi­tra­tion or claim, includ­ing any arbi­tra­tion or claim involv­ing any other cur­rent or for­mer user of the ser­vice, and no class arbi­tra­tion pro­ceed­ings shall be per­mit­ted. In no event shall any claim, action or pro­ceed­ing by you related in any way to the Site (includ­ing your visit to or use of the Site) be insti­tuted more than three (3) years after the cause of action arose.

XXI. INDEMNITY.
You agree to indem­nify and hold us, our sub­sidiaries and affil­i­ates, and each of their direc­tors, offi­cers, agents, con­trac­tors, part­ners and employ­ees, harm­less from and against any loss, lia­bil­ity, claim, demand, dam­ages, costs and expenses, includ­ing rea­son­able attorney’s fees, aris­ing out of or in con­nec­tion with any User Con­tent, any Third Party Appli­ca­tions, Soft­ware or Con­tent you post or share on or through the Site, your use of the Site, your con­duct in con­nec­tion with the Site or with other users of the Site, or any vio­la­tion of this Agree­ment or of any law or the rights of any third party.

XXII. SUBMISSIONS.
You acknowl­edge and agree that any ques­tions, com­ments, sug­ges­tions, ideas, feed­back or other infor­ma­tion about the Site (“Sub­mis­sions”), pro­vided by you to us are non-confidential and shall become our sole prop­erty. We shall own exclu­sive rights, includ­ing all intel­lec­tual prop­erty rights, and shall be enti­tled to the unre­stricted use and dis­sem­i­na­tion of these Sub­mis­sions for any pur­pose, com­mer­cial or oth­er­wise, with­out acknowl­edg­ment or com­pen­sa­tion to you.

XXIII. OTHER.
These Terms of Use con­sti­tute the entire agree­ment between you and us regard­ing the use of the Site, super­sed­ing any prior agree­ments between you and us relat­ing to your use of the Site. The fail­ure of us to exer­cise or enforce any right or pro­vi­sion of these Terms of Use shall not con­sti­tute a waiver of such right or pro­vi­sion in that or any other instance. If any pro­vi­sion of this Agree­ment is held invalid, the remain­der of this Agree­ment shall con­tinue in full force and effect. If any pro­vi­sion of these Terms of Use shall be deemed unlaw­ful, void or for any rea­son unen­force­able, then that pro­vi­sion shall be deemed sev­er­able from these Terms of Use and shall not affect the valid­ity and enforce­abil­ity of any remain­ing provisions.

XXIV. QUESTIONS.
Please sub­mit all ques­tions to support@karenleebatten.com.