Terms of USE

Effective Date: March 9, 2021

These Terms of Use (“Terms”) apply when you use a website, service, or application that links or refers to the Terms (the “Site”) and are a legal contract between you and Kite & Key Media (“we,” “us,” or “our”), so it is important that you review them carefully before using the Site. Your use of the Site indicates that you agree to follow and be bound by the Terms. If you do not agree to the Terms, do not access or use the Site.  

We may change the Terms or modify any features of the Site at any time at our sole discretion. Any changes to the Terms will become effective when we post the revised Terms on the Site. If you continue to use the Site after changes are posted, you will be deemed to have accepted the change. If you do not agree to the amended Terms, you must stop using the Site. 

I. PERMISSIBLE USE AND COMPLIANCE WITH LAW 

You agree that you will not use the Site for any purpose that is unlawful or that is prohibited by these Terms, and that you will comply with all applicable laws and any conditions or restrictions imposed by these Terms. The Site is offered for your personal and non-commercial use only, and you are prohibited from using, and are expressly not granted the right to use, the Site for any other purpose. 

You further agree that you are solely responsible for your conduct while on the Site, and you agree that you will not do any of the following in connection with the Site or its users:

• Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner; 
• Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity; 
• Post any content that threatens violence against an individual or a group of people, defames or violates the rights of another individual;  
• Cheat or utilize unauthorized exploits in connection with the Site; 
• Stalk, intimidate, bully, threaten, or otherwise harass or cause discomfort to other users; 
• Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; 
• Harvest or otherwise collect information about users, including e-mail addresses, without their consent; 
• Use the Site for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms; or 
• Circumvent or attempt to circumvent any filtering, security measures, or other features we may from time to time adopt to protect the Site, its users or third parties. 

II. INTELLECTUAL PROPERTY 

Trademarks and Service Marks. All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, and designs used on the Site (collectively, “Marks”), whether or not appearing with a trademark registration or other symbol, belong exclusively to Kite & Key Media or any of its licensors, and are protected from any unauthorized use under the trademark laws of the United States and other countries. The use of any of these Marks is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right with respect to any trademark or other intellectual property right of Kite & Key Media or any third party. 

Copyright. The Site (including, but not limited to text, photographs, graphics, video, audio content, and computer code and the selection and arrangement of such elements therein) are protected under the copyright laws of the United States and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Site are owned by Kite & Key Media or its licensors to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the Site or its content. Nothing in these Terms shall prohibit you from posting Kite & Key Media videos or other materials on third-party sites, including social media sites, so long as you attribute/cite our content to Kite & Key Media.  

If you believe in good faith that your work has been reproduced or is accessible on the Site in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing: 

• Identification of the copyrighted work claimed to have been infringed; 
• Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material; 
• Your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary; 
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
• A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. 

Our designated agent may be reached by contacting info@kiteandkeymedia.com.  

Citing Kite & Key Media. External blogs, newsletters, social media posts, and other products that may be cited in work produced by Kite & Key Media are independent products and are therefore not connected with or affiliated with Kite & Key Media. External outlets, when mentioning, alluding to, or embedding work produced by Kite & Key Media, should tag, cite, or reference the original source—while providing a link back to our website in all digital cases. External outlets may be asked to edit or change content that falsely or inaccurately depicts work posted in this space. 

III. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES 

The Site may contain third-party content and links to third-party websites (“Linked Sites”). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under our control, and we are not responsible for the content or privacy practices of the Linked Sites.

IV. REPRESENTATIONS AND WARRANTIES

Each party to these Terms represents and warrants that it has the full right and power to enter into these Terms and that its performance under these Terms will comply with all applicable laws. As between Kite & Key Media and you, you remain solely responsible for any content that you upload, post, or use in connection with the Site. You represent and warrant that you have obtained any and all necessary rights, have provided all necessary notices, have obtained all necessary permissions or consents, and have authority under state and federal law to agree to these Terms, to use the Site, and to authorize us to access, receive, use, store, disclose, or otherwise process information as permitted under these Terms.

V. INTERNATIONAL TRANSFERS

By using the Services and providing us with information, you understand and agree that we may transfer and store your information on servers located outside your resident jurisdiction. To the extent you are a resident of a country other than the United States, you consent to the transfer of such data to the United States for processing by us in accordance with this Privacy Policy.

VI. DISCLAIMERS 

YOUR USE OF THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE OR THE SERVICES. THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO (1) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS AND NO ENCUMBRANCES; (2) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (3) THE WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (4) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SITE OR OTHERWISE BY US. 

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO TEXT OR PHOTOGRAPHY. THERE IS NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE SITE OR SERVICES WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. 

WE ARE ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OR OTHER USERS OF THE SITES. 

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

We reserve the right to change any and all content contained in the Sites and any Services offered through the Sites 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.

VII. GOVERNING LAW 

Except as otherwise required by applicable law, these Terms and any dispute arising from or relating to these Terms shall be governed by and must be construed in accordance with the laws of the United States and New York, without regard to conflict of law principles. For any dispute arising out of these Terms or your use of the Site, you agree to the exclusive jurisdiction of and exclusive venue in the state and federal courts located in EDNY, without regard to conflict of law principles. You further agree to accept service of process by mail. By using the Site, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.

VIII. CHANGES TO THE PRIVACY POLICY

We may modify this Privacy Policy from time to time. When we update the Privacy Policy, we will revise the “Effective Date” date above and post the new Privacy Policy. We recommend that you review the Privacy Policy each time you visit the Services to stay informed of our privacy practices.

IX. MISCELLANEOUS

Entire Agreement. Unless otherwise specified herein, the Terms constitute the entire agreement between you and Kite & Key Media and govern your use of the Site. If any portion of the Terms 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 intention of the parties, and the remaining portions shall remain in full force and effect. 

Termination. We may terminate this agreement for any reason at any time. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the Site, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms. 

No Third-Party Beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. Neither party will make any commitment, by contract or otherwise, binding upon the other party or represent that it has any authority to do so.  

Assignment. You must not assign these Terms or any rights or obligations herein without our prior written consent, and any attempted assignment in contravention of this provision is null and void and of no force or effect. We have the right to assign these Terms and any of our rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns. 

No Waiver. The failure of Kite & Key Media to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches. 

Contact Information. Please direct any questions, complaints, or claims related to the Site to [email protected].