KyleGrahamTV Terms of Service
KyleGraham.TV REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU
ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS
OF THE PRIVACY POLICY
OF KyleGraham.TV ARE
REQUIRED CONSIDERATIONS
FOR KyleGraham.TV GRANTING
YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS
OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING
WITH KyleGraham.TV OR
WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO
ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY
OF KyleGraham.TV.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS
TO KyleGraham.TV.
IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ,
OR INTERACT
WITH KyleGraham.TV OR
ITS CONTENTS IN ANY MANNER.
KyleGraham.TV SPECIFICALLY
DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT
(COPA) OF 1998.
KyleGraham.TV RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY
REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A
CONDITION FOR
VIEWING, KyleGraham.TV IS
ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION
AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN
AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO
VIEW KyleGraham.TV,
TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers,
collectively referred to herein as "Visitors," are parties to this agreement.
KyleGraham.TV and
its owners and/or operators are parties to this agreement, herein referred to as
"Website."
USE OF INFORMATION
FROM KyleGraham.TV
Unless you have entered into an express written contract
with KyleGraham.TV to
the contrary, visitors, viewers, subscribers, members, affiliates, or customers
have no right to use this information in a commercial or public setting; they
have no right to broadcast it, copy it, save it, print it, sell it, or publish
any portions of the content
of KyleGraham.TV.
By viewing the contents
of KyleGraham.TV you
agree this condition of viewing and you acknowledge that any unauthorized use is
unlawful and may subject you to civil or criminal penalties. Again,
Visitor has no rights whatsoever to use the content of, or portions thereof,
including its databases, invisible pages, linked pages, underlying code, or
other intellectual property the site may contain, for any reason for any use
whatsoever. Nothing. Visitor agrees to liquidated damages in the
amount of U.S.$100,000 in addition to costs and actual damages for breach of
this provision. Visitor warrants that he or she understands that accepting
this provision is a condition of viewing and that viewing constitutes
acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS
OF KyleGraham.TV
KyleGraham.TV and its contents are owned or licensed
by KyleGraham.TV.
Material contained
on KyleGraham.TV must
be presumed to be proprietary and copyrighted. Visitors have no rights
whatsoever in the site content. Use of website content for any reason is
unlawful unless it is done with express contract or permission
of KyleGraham.TV.
DISCLAIMER FOR CONTENTS OF SITE
KyleGraham.TV disclaims any responsibility for the accuracy of the content
of KyleGraham.TV.
Visitors assume the all risk of viewing, reading, using, or relying upon this
information. Unless you have otherwise formed an express contract to the
contrary
with KyleGraham.TV,
you have no right to rely on any information contained herein as accurate.
KyleGraham.TV makes
no such warranty.
KyleGraham.TV is not responsible for and makes no warranties, express or implied,
as to the User Content or the accuracy and reliability of the User Content
posted on or
through KyleGraham.TV,
whether caused by Users
of KyleGraham.TV or
by any of the equipment or programming associated with or utilized
in KyleGraham.TV and
such User Content does not necessarily reflect the opinions or policies
of KyleGraham.TV.
Profiles and third party applications created and posted by Members on
the KyleGraham.TV Website
may contain links to other
websites. KyleGraham.TV is
not responsible for the content, accuracy or opinions expressed on such
websites, and such websites are not necessarily investigated, monitored or
checked for accuracy or completeness
by KyleGraham.TV.
Inclusion of any linked website
on KyleGraham.TV does
not imply approval or endorsement of the linked website
by KyleGraham.TV.
When you access these third party sites, you do so at your own risk.
KyleGraham.TV takes no responsibility for third party advertisements or third
party applications that are posted on or
through KyleGraham.TV,
nor does it take any responsibility for the goods or services provided by its
advertisers.
KyleGraham.TV is not responsible for the conduct, whether online or offline, of
any User
of KyleGraham.TV.
KyleGraham.TV assumes 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, any User or Member communication. KyleGraham.TV is not
responsible for any problems or technical malfunction of any telephone network
or lines, computer online systems, servers or providers, computer equipment,
software, failure of any email or players due to technical problems or traffic
congestion on the Internet or on any
of KyleGraham.TV or
combination thereof, including any injury or damage to Users or to any person's
computer related to or resulting from participation or downloading materials in
connection
with KyleGraham.TV.
Under no circumstances
shall KyleGraham.TV be
responsible for any loss or damage, including personal injury or death,
resulting from use
of KyleGraham.TV,
attendance at
a KyleGraham.TV event,
from any User Content posted on or
through KyleGraham.TV,
or from the conduct of any Users
of KyleGraham.TV,
whether online or offline.
The KyleGraham.TV Services
are provided "AS-IS" and as available
and KyleGraham.TV expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
KyleGraham.TV cannot guarantee and does not promise any specific results from use
of KyleGraham.TV.
AFFILIATION
KyleGraham.TV may or may not be affiliate with any business that is listed on the
site. KyleGraham.TV claims no responsibility to the
accuracy of the listings, or the content that is linked to from the
site.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including
banners, advertising, or pop-ups, downloads, and as a condition
of KyleGraham.TV to
allow his lawful viewing, Visitor forever waives all right to claims of damage
of any and all description based on any causal factor resulting in any possible
harm, no matter how heinous or extensive, whether physical or emotional,
foreseeable or unforeseeable, whether personal or business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage,
which KyleGraham.TV is
required to pay for, the Visitor, as a condition of viewing, promises to
reimburse KyleGraham.TV for
all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor
and Website is deemed a submission. All submissions, including portions
thereof, graphics contained thereon, or any of the content of the submission,
shall become the exclusive property
of KyleGraham.TV and
may be used, without further permission, for commercial use without additional
consideration of any kind. Visitor agrees to only communicate that
information
to KyleGraham.TV,
which it wishes to forever
allow KyleGraham.TV to
use in any manner as it sees fit. "Submissions" is also a provision of the
Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due Visitor and Visitor
expressly warrants an understanding that the right to notice is waived as a
condition for permission to view or interact
with KyleGraham.TV.
DISPUTES
As part of the consideration
that KyleGraham.TV requires
for viewing, using or interacting
with KyleGraham.TV,
Visitor agrees to use binding arbitration for any claim, dispute, or controversy
("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or
relating to this purchase, this product, including solicitation issues, privacy
issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is submitted to the
American Arbitration Association. Information about the American
Arbitration Association, its rules, and its forms are available from the
American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New
York, 10017-4605. Hearing will take place in the city or county of the
Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the
right to go to court or have a jury trial. Viewer, visitor, member,
subscriber or customer will not have the right to engage in pre-trial discovery
except as provided in the rules; you will not have the right to participate as a
representative or member of any class of claimants pertaining to any claim
subject to arbitration; the arbitrator's decision will be final and binding with
limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all
costs associated with the dispute arbitration, including attorney fees,
collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law,
pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees
to that the sole and proper jurisdiction to be the state and city declared in
the contact information of the web owner unless otherwise here specified.
College Station, Texas. In the event that litigation is in a federal
court, the proper court shall be the closest federal court to the Seller's
address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law
to be applied shall, in all cases, be that of the state of the
Seller.