K-Disk.com Website Disclaimer and Terms of Service I. USE OF CONTENT AND SERVICES The K-Disk.com website(s) may contain information, data, text, software, products, music, sound, photographs, graphics, video, messages, services, or other materials ('Content'), as well as e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, file storage and/or other message or communication facilities designed to enable you to access Content or communicate with others (collectively, 'Services'). You agree to use the Services only to post, send and receive Content that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when using a Service, you will not: Upload, post, submit, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; Use the Service in connection with 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. Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes. Upload, or otherwise make available, any Content, including but not limited to, 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) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), unless you have received all necessary consents from the holders of such rights. Use any material or information, including images or text, which is made available through the K-Disk.com website(s) 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. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any 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 Services. Violate any code of conduct or other guidelines, which may be applicable for any particular Service. Harvest or otherwise collect information about others, including e-mail addresses. Violate intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; Impersonate any person or entity, including, but not limited to, a K-Disk.com official, forum leader, moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity, or in any way create a false identity for the purpose of misleading others. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; You understand that all Content and information, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not K-Disk.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. K-Disk.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will K-Disk.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You acknowledge that K-Disk.com does not pre-screen Content, but that K-Disk.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, K-Disk.com and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by K-Disk.com or submitted to K-Disk.com on the K-Disk.com website(s). You acknowledge and agree that K-Disk.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of K-Disk.com, its members, associates, website users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. All Content submitted / posted to / on K-Disk.com website(s) becomes the property of K-Disk.com and you grant K-Disk.com a royalty-free, perpetual right to use such Content. Recognizing the global nature of the Internet you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. II. LIABILITY DISCLAMER The information, software, products, and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically made to the Services and to the Content therein. K-Disk.com may make improvements and/or changes in the Services at any time. Content received via the K-Disk.com website(s) is provided for information purposes alone and does not substitute for specific advice in personal, medical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. K-Disk.com makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the Content for any purpose. All such Content is provided 'as is' without warranty of any kind. 1CCA hereby disclaims all warranties and conditions with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that K-Disk.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through K-Disk.com website(s). You specifically agree that K-Disk.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that K-Disk.com is not responsible for any content sent using and/or included in K-Disk.com website(s) by any third party. In no event shall K-Disk.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss by use of data or profits, arising out of or in any way connected with the use or performance of the K-Disk.com website(s), with the delay or inability to use the K-Disk.com website(s) or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the K-Disk.com website(s), or otherwise arising out of the use of K-Disk.com website(s), whether based on contract, negligence, strict liability or otherwise, even if K-Disk.com website(s) has been advised of the possibility of damages. Because some states or jurisdictions do not allow-the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the K-Disk.com website(s), or with any of these terms of use, your sole and exclusive remedy is to discontinue using the K-Disk.com website(s). Your correspondence or business dealings with, or participation in promotions of, advertisers or other users found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that K-Disk.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because K-Disk.com has no control over such sites and resources, you acknowledge and agree that K-Disk.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that K-Disk.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. III. TERMINATION/ACCESS RESTRICTION K-Disk.com reserves the right, in its sole discretion, to terminate your account(s) or access to any or all K-Disk.com website(s) and the related services or any portion thereof at any time, without notice. K-Disk.com may also terminate or suspend your account(s) or access to K-Disk.com website(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by K-Disk.com. K-Disk.com shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party. IV. NO SPAM; DAMAGES K-Disk.com will immediately terminate any access which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay K-Disk.com liquidated damages of $5 for each piece of spam or unsolicited email transmitted from or otherwise connected with your account or access to the K-Disk.com website(s), otherwise you agree to pay K-Disk.com's actual damages, to the extent such actual damages can be reasonably calculated. You further agree to reimburse K-Disk.com for all fees incurred while recovering liquidated or actual damages in connection with any spam or other unsolicited email transmitted from or otherwise connected with your account or access to the K-Disk.com website(s). V. K-Disk.com RIGHTS Content on the K-Disk.com website(s) may be downloaded provided the material is kept intact and there is no violation of the copyrights, trademarks, and other proprietary rights. Any alteration of the material or use of the material contained in the site for any other purpose is a violation of the copyright of K-Disk.com and / or its members, associates or of its third-party information providers. This material cannot be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without obtaining the prior permission from the copyright owners. Reproduction or translation of any portion of the K-Disk.com website(s), or any use other than for educational or other non-commercial purposes, requires explicit, prior authorization in writing from K-Disk.com or the concerned organizations. You acknowledge and agree that the Service and any necessary software used in connection with the Service ('Software') contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by K-Disk.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. K-Disk.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by K-Disk.com for use in accessing the Service. K-Disk.com reserves the right to make modifications and alterations in the information contained on the K-Disk.com website(s) without notice. From time to time K-Disk.com may supplement these terms of use with additional terms pertaining to specific content (additional terms). Such additional terms are hereby incorporated by reference into these Terms of Service.
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