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Terms of service

Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, KELAMY accessible at Kelamy.com.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website.

Intellectual Property Rights

Other than the content you own, under these Terms, KELAMY and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and KELAMY may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying your Content, you grant KELAMY a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Privacy

Please read our Privacy Policy.

Your Content must be your own and must not be invading any third-party’s rights. KELAMY reserves the right to remove any of Your Content from this Website at any time without notice.

No warranties

This Website is provided "as is," with all faults, and KELAMY express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall KELAMY, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  KELAMY, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent KELAMY from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

KELAMY is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The KELAMY is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between KELAMY and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of us, and you submit to the non-exclusive jurisdiction of the state and federal courts located in us for the resolution of any disputes.

Customer Reviews

By checking the box of CR invitation at checkout, you consent to receive an invitation to review your order on KELAMY.com. 

By submitting any content to KELAMY, you represent and warrant that:

  • you are the sole author and owner of the intellectual property rights thereto;
  • all “moral rights” that you may have in such content have been voluntarily waived by you;
  • all content that you post is accurate;
  • you are at least 18 years old;
  • use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which you were compensated or granted any consideration by any third party;
  • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold KELAMY (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to KELAMY Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant KELAMY a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at KELAMY’s sole discretion. KELAMY reserves the right to change, condense or delete any content on KELAMY’s website that KELAMY deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. KELAMY does not guarantee that you will have any recourse through KELAMY to edit or delete any content you have submitted.

KELAMY reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not KELAMY, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of KELAMY, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employee