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FKS, Inc. (“FKS”) provides this web site (the “Website”) to you, subject to the terms and conditions contained in this Terms of Use Agreement (“Agreement”):
1. General.
(A) By accessing the Website, you agree to comply with all of the terms and conditions in this Agreement. The right to access the Website is personal to you and is not transferable to any other person or entity. You are solely responsible for protecting the confidentiality of your Website password(s), if any.
(B) FKS has the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content,
hours of availability, and equipment needed for access or use.
2. Changed Terms.
FKS has the right at any time to change or modify the terms and conditions applicable to your use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Website by you after such notice will be deemed to constitute acceptance by you of such changes, modifications or additions.
3. Equipment.
You are responsible to obtain and maintain all telephone, computer hardware and other equipment needed for access to and use of the Website and all charges related thereto.
4. Subscriber Conduct.
(A) Lawful Purposes. You may only use the Website for lawful purposes. You may not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Any conduct by you that in FKS’s sole discretion restricts or inhibits any other person from accessing, using or enjoying the Website will not be permitted.
(B) FKS Intellectual Property. The Website contains copyrighted material, trademarks and other proprietary materials and information, which may include, but is not limited to, text, software, photos, video, graphics, music and sound. FKS intends to pursue a copyright registration of the entire content of the Website as a collective work under the United States copyright laws. FKS owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original or assigned to FKS. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Website content, in whole or in part without FKS’s prior written authorization. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under the United States copyright laws, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted witho
5. Disclaimer of Warranty.
(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER FKS NOR ITS LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, MERCHANDISE, SOFTWARE, ARTICLES, INFORMATION OR MATERIALS PROVIDED THROUGH THE WEBSITE.
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