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Welcome to our website. If you continue to browse and use this website you are agreeing to comply by the following terms and conditions of use. The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use:

Content

The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Kinetica Media,LLC reserves the right to update and change the Terms of Conditions from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account. While Kinetica Media, LLC prohibits such conduct and Content on the Service, you understand and agree that Kinetica Media, LLC cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms:

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted.
5. You are responsible for maintaining the security of your account and password. Kinetica Media, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account.
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
8. You expressly understand and agree that Kinetica Media, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kinetica Media, LLC has been advised of the possibility of such damages), resulting from your use of the Service or third-party products imported into the Service.
9. Kinetica Media, LLC will make a reasonable attempt via email to warn the account owner prior to suspension.
10. Kinetica Media, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, your access to your Account (or any part thereof) with or without notice.

Payment, Refunds, Upgrading & Downgrading Terms:

1. A valid credit card is required for paying accounts.
2. If you initially sign up for a Personal, Basic, Plus, or Premium account, and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
5. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Kinetica Media, LLC does not accept any liability for such loss.

Cancellation & Termination:

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “Change Plans/Cancel” link in the Account Admin. Here you can officially cancel your account.
2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Kinetica Media, LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Kinetica Media, LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Kinetica Media, LLC reserves the right to refuse service to anyone for any reason at any time.

Modifications to Service & Pricing:

1. Kinetica Media, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the our Blog or the Service itself.
3. Kinetica Media, LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright & Content Ownership:

1. All content posted on the Service is must comply with U.S. copyright law. Please review the copyright compliance policy.
2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
3. Kinetica Media, LLC does not pre-screen Content, but Kinetica Media, LLC and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
4. The look and feel of the Service is copyright©2007-2010 Kinetica Media, LLC, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements or features or platform software design without express written permission from Kinetica Media, LLC.

General Terms of Use & Conditions:

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical & customer support is only provided to paying account holders and is only available via email.
3. You understand that Kinetica Media, LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Kinetica Media, LLC, or any other Kinetica Media, LLC service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Kinetica Media, LLC.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Kinetica Media, LLC customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Kinetica Media, LLC) of other Punch customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
12. Kinetica Media, LLC does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that Kinetica Media, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kinetica Media, LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
14. The failure of Kinetica Media, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Kinetica Media, LLC and govern your use of the Service, superseding any prior agreements between you and Kinetica Media, LLC (including, but not limited to, any prior versions of the Terms & Conditions).

Disclaimer of Warranties:

NEITHER KINETICA MEDIA, LLC. NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, LICENSORS, OR THE LIKE, WARRANT THAT KINETICA MEDIA, LLC. SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE CONTENT IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KINETICA MEDIA, LLC.. KINETICA MEDIA, LLC. PROVIDES SERVICE(S) ON AN “AS-IS” AND “AS AVAILABLE” BASIS.

KINETICA MEDIA, LLC. MAKES NO REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF KINETICA SERVICE(S) TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KINETICA MEDIA, LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY KINETICA MEDIA, LLC. NOR ITS AFFILIATES, SUBSIDIARIES NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, CONTRACTORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL ANY CUSTOMER RELY ON ANY SUCH INFORMATION OR ADVICE.

Limitation of Liability:

UNDER NO CIRCUMSTANCES SHALL KINETICA MEDIA, LLC. OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING KINETICA MEDIA, LLC. SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE, OR THE INABILITY TO USE, THE LOYAL EMAIL SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KINETICA MEDIA, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

THIS EXCLUSION AND LIMITATION OF LIABILITY SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, RELIANCE BY A CUSTOMER ON ANY INFORMATION OBTAINED FROM KINETICA MEDIA, LLC., THAT RESULTS IN DAMAGE TO THE CUSTOMER’S COMPUTER SYSTEM OR WEB SERVICE INCLUDING: DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

THIS EXCLUSION AND LIMITATION OF LIABILITY INCLUDES ANY AND ALL DAMAGE THAT MAY OCCUR TO CUSTOMER’S COMPUTER SYSTEM, WEB SERVICE OR SERVER AS A RESULT OF THE SERVICES PROVIDED BY KINETICA MEDIA, LLC. TO THE CUSTOMER. IN NO EVENT WILL KINETICA MEDIA, LLC. TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY RECEIVED BY KINETICA MEDIA, LLC. FROM THE CUSTOMER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, KINETICA MEDIA, LLC. LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Severability:
The provisions of these Terms and Conditions are intended to be severable. If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Unless specified herein, this agreement constitutes the entire agreement between CUSTOMER and Kinetica Media, LLC. with respect to the terms and conditions of service. This agreement supersedes all prior and contemporaneous communications and proposals (whether written, oral or electronic) between CUSTOMER and Kinetica Media, LLC.

Indemnification:

CUSTOMER shall defend, indemnify, and forever hold Kinetica Media, LLC., its owners, shareholders, partners, members, affiliates, subsidiaries, officers, directors, employees, agents, providers, contractors and their heirs, successors and assigns, free and harmless from and against any and all actions, claims, liabilities, assertion of liabilities, losses, costs and expenses whatsoever, including, but not limited to, attorney fees, that any such parties may incur or be exposed to by reason of CUSTOMER’s use or misuse of this Service and the Services provided herein.

This indemnification shall extend to and apply to any and all such actions, claims, assertion of liabilities, losses, costs and expenses whatsoever, including, but not limited to, attorney fees, whether brought against Kinetica Media, LLC. by CUSTOMER or third parties due directly or indirectly to the CUSTOMER’s use or misuse of Kinetica Media Services provided herein.

Choice of Law & Forum:

Kinetica Media, LLC. in the State of Ohio. As such, the laws of the State of Ohio will govern this Terms and Conditions of Use Agreement, without giving effect to any principles of conflicts of law. CUSTOMER hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts of the State of Ohio and the United States of America located in the State of Ohio for any litigation arising out of, or relating to, use of Kinetica Media, LLC. Services (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Ohio courts, and agrees not to plead or claim in any Ohio court that such litigation brought therein has been brought in an inconvenient forum.

Assignment:

This Terms and Conditions is not assignable or transferable by CUSTOMER without the prior written consent of Kinetica Media, LLC.


Announcements and Design:

Customer agrees that Kinetica Media, LLC may list CUSTOMER as a customer of Kinetica Media, LLC. in press materials (online/offline), and may also display Customer’s corporate logo or any pictures, images, copy, verbiage, and “look and feel” from Customer’s website to brand Kinetica Media, LLC Services.

Kinetica Media, LLC Copyright Information

The “Kinetica Media” and “Service” name, logo, network, affiliate program are all properties of Kinetica Media, LLC. Services are trademarks of Kinetica Media, LLC. Used with permission. Copyright © 2002-2010, Kinetica Media, LLC. All rights reserved.

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