Welcome to KiDabra-PHX.com
portal web site. Please read this Visitor Agreement and Terms
of Use (the "Agreement"). By using this service, you agree to abide by its terms.
The Web is an evolving medium. We may change the terms of this Agreement from time
to time to address new issues or situations. By continuing to use the service after
we post notice of any such changes, you agree to accept the new terms. The KiDabra-PHX.com
Copyright Policy is incorporated by reference herein.
KiDabra-PHX.com is provided to you free of charge, "as
is." By registering with KiDabra-PHX.com or using the site, you agree that, to the
extent set forth in the KiDabra-PHX.com Privacy Policy and subject to the limitations
set forth therein, we may disclose any information you provide or that we obtain
concerning your use of the KiDabra-PHX.com site and any services it offers.
You may only use KiDabra-PHX.com for legal purposes. You
may not use KiDabra-PHX.com or its services to publish, post, distribute or disseminate
any defamatory, obscene or other unlawful material or information, including another's
proprietary information, without express authorization from the rights holder. You
may not use KiDabra-PHX.com to collect or harvest personal information, including
Internet addresses, about other KiDabra-PHX.com users.
KiDabra-PHX.com uses its best efforts to maintain the site,
but is not responsible for any defects that exist in KiDabra-PHX.com or any resulting
lost profits or other consequential damages. KiDabra-PHX.com does not purport to
be error free and does not warrant that it is suitable for the particular purpose
that you have in mind when using it. KiDabra-PHX may in its sole discretion and
at any time modify or discontinue KiDabra-PHX.com; and limit, terminate or suspend
your use of or access to KiDabra-PHX.com.
If you find any material on the site that you believe to be inaccurate, we encourage
you to bring it to our attention. Please forward a copy of the material, the page
address and an explanation of your objection to the material via
email.
By posting messages, uploading files, inputting data, or
engaging in any other form of communications through this service, you are granting
KiDabra-PHX and its affiliated entities a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to:
- Use, copy, sublicense, adapt, transmit, retransmit, distribute
and/or publicly perform or display any such communication;
- Sublicense to third parties the unrestricted right to exercise
any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit
any proprietary rights in such communication, including but not limited to rights
under copyright, trademark, service mark, patent laws or the law of ideas under
any relevant jurisdiction.
By submitting material to KiDabra-PHX.com, you are representing
that you are the owner of the material or are making your submission with the express
consent of the owner. Submitting material that is the property of another without
the express consent of its owner, is not only a violation of this Agreement, but
may also subject you to legal liability for infringement of copyright, trademark
or other intellectual property rights.
KiDabra-PHX encourages an open exchange of information
and ideas; however, it does not and cannot review every posting made in the chat
rooms, forums and other public areas. Accordingly, KiDabra-PHX.com does not endorse
or guarantee the accuracy of any posting, regardless of the source.
Responsibility for content posted in the chat rooms, classifieds,
forums and other public areas on the .com site lies with each user. By using KiDabra-PHX.com,
you agree not to post or transmit any defamatory, abusive, obscene, threatening
or illegal material or any material that infringes on the intellectual property
rights, privacy rights or other protected rights of others - including, but not
limited to transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate any local,
state, national or international law. You agree not to use the site in a manner
that restricts or inhibit any other user from using and enjoying the site. You agree
not to post or transmit any information, software or other material that contains
a virus or harmful component. KiDabra-PHX.com retains the right to deny access to
anyone who KiDabra-PHX.com believes has violated these terms or any other terms
of this Agreement.
Although KiDabra-PHX.com does not have the responsibility
or obligation to monitor all postings in chat rooms, classifieds, forums and public
areas, it does retain the right to delete, move or edit any postings that come to
its attention that it deems unacceptable or inappropriate for any reason. KiDabra-PHX
will not, in the ordinary course of business, review private electronic messages
that are not addressed to KiDabra-PHX; however, KiDabra-PHX.com will comply with
the requirements of the law governing the disclosure of such messages to others,
including law enforcement agencies.
No Soliciting. You agree not to use the KiDabra-PHX.com site to
to make donations of any kind without KiDabra-PHX.com express written consent.
Classified Advertising. You agree to abide by KiDabra-PHX rules
for the placement of classified advertisments and acknoledge that KiDabra-PHX without
notification or cause can restrict, remove, revoke or not post any classified advertisment
posted at any time and without prejudice. It is advertisers repsonsibility to remove
any advertisment that the product or service is no longer availiable. KiDabra-PHX
does not guarantee the accuracy of any classified advertisment or do they verify
that the advertiser is trustworthy and honest.
Classifed Advertising/eBay agreements. KiDabra-PHX will
place classified ("For Sale") advertisments on eBay for sale at the sellers request
only. Payment policies and fee policies will apply to all transactions and must
be agreed to in advance of placement. This is a fee for service agreement.KiDabra-PHX
takes no respsonsibility, warranty, liablity of any type for any product posted
on eBay by KiDabra-PHX. KiDabra-PHX reserves the right to cancel any agreement with
Classified Advertiser if complaints, fraud, non-performance, or any reason without
notice of any item(s) posted on eBay.
Disclaimer of Warranties and
Liability
Please read this disclaimer
carefully before using KiDabra-PHX.com.
In the event that KiDabra-PHX.com or its affiliated entities
have provided links and pointers to Internet sites maintained by third parties,
unless expressly stated otherwise, no inference or assumption should be made and
no representation may be implied that either KiDabra-PHX.com or its affiliated entities
operates or controls in any way any information, products or services on these third
party sites.
YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE
RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH
THE SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION,
THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION.
IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU
DO SO AT YOUR OWN RISK.
THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU "AS IS"
AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY,
KiDabra-PHX.com AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT
THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. NOR
DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR
THAT THE SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE WILL
BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIDABRA-PHX.COMDOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR
CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT KIDABRA-PHX,
ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
UNDER NO CIRCUMSTANCES SHALL KIDABRA-PHX.COMOR ITS AFFILIATES,
AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT
DAMAGES. THIS PROVISION INCLUDES, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL,
SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF KIDABRA-PHX.COMAND
ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM
IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE
SERVICE OR THE USE OF THE SERVICE.
Termination
This Agreement is effective
until terminated by KiDabra-PHX, at any time without notice. In the event of termination,
you are no longer authorized to access the chat rooms, bulletin boards or other
public areas of the site, and the restrictions imposed on you with respect to material
downloaded from the site, the disclaimers and limitations of liability set forth
in this Agreement shall survive.
Indemnification
You agree to indemnify and
hold harmless KiDabra-PHX, its parents, affiliates, licensees and their respective
directors, officers, employees and agents from and against all liabilities, claims
damages and expenses, including attorneys' fees, arising out of your use of the
Site, or your violation or alleged violation of the terms of this Agreement.
Other
This Agreement shall be governed
by and construed in accordance with the laws of the State of Arizona without giving
effect to any principles of conflicts of law. If any provision of this Agreement
is deemed unlawful, void or for any reason unenforceable, then that provision shall
be deemed severable from this Agreement and shall not affect the validity and enforceability
of any remaining provisions.