TERMS & CONDITIONS
1. DESCRIPTION OF SERVICE
McKim Studios provides to its clients a variety of on-line services, including the use of the McKim Studios script and hosting of data (the "Service"). Any additions to or enhancements of the Service, including the release of new McKim Studios features, shall be subject to these Terms of Service. To use the Service, you must have access to the World Wide Web and pay any service fees associated with such access and provide all equipment necessary to connect to the World Wide Web, including a computer and modem or other access device.
2. CLIENT CONDUCT - CONTENT RESTRICTIONS - SIZE LIMITATIONS
You agree that all materials which are transmitted by you are your sole and exclusive responsibility. You agree that you will not use the Service to upload, post or otherwise transmit any content that is: unlawful, harmful, threatening, profane, abusive, harassing, tortuous, defamatory, vulgar, obscene, or pornographic, or which may give rise to civil or criminal liability under applicable law; libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harmful to minors in any way; or violation of any copyright or other proprietary rights of another. McKim Studios does not intend to pre-screen content uploaded or stored by its clients, and is not responsible for such content, McKim Studios reserves the right to edit or remove content which violates any of the foregoing provisions.
3. SECURITY - SITE ACCESS - SHARING OF FILES - RE-PRINT PERMISSION
Any content which you transfer to the Service will be stored on a server located within the United States of America. Your account will be protected by a password selected by you. You may share files only with those to whom you have given access to your McKim Studios account. You are solely responsible for the dissemination of your password and other security information relating to your account, and are fully responsible for all activities which occur under your password or account. McKim Studios strongly recommends that you only disseminate this information to individuals who you know and trust.
5. LINKS TO THIRD-PARTY SITES
McKim Studios may provide links to other sites on the Internet which may be of interest to you. McKim Studios does not control the content which may be on or available through these sites, and assumes no liability relating to such sites. The presence of such a link does not imply endorsement of those sites or association of those sites with McKim Studios. It is up to each member to become familiar with these sites and their privacy and security policies.
You agree to defend, indemnify, and hold harmless McKim Studios and its subsidiary and other affiliated companies, and their employees, officers, directors, contractors, agents, licensers and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Service or any person to whom you have granted access to the Service, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). McKim Studios reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with McKim Studios and its counsel in the conduct of such defense.
7. DISCLAIMER OF WARRANTIES
THE SERVICE, AS WELL AS ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, INFORMATION AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH McKIM STUDIOS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, McKIM STUDIOS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND RELATING THERETO, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. McKIM STUDIOS, ITS SUBSIDIARIES, AFFILIATES AND LICENSERS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ITS SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL McKIM STUDIOS, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, OR ITS LICENSERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR LOSS OF USE, DATA OR OTHER INTANGIBLES) THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF McKIM STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, McKIM STUDIOS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9. TERMINATION OF SERVICE
McKim Studios, in its sole discretion, may terminate your password and use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, expiration of the terms of your McKim Studios subscription or if McKim Studios believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected at the sole discretion of McKim Studios. McKim Studios may deactivate or delete your account and all related information and files and/or bar any further access to such files or the Service at its sole discretion without notice. You agree that McKim Studios shall not be liable to you or any third-party for any termination of your access to the Service.
10. CHOICE OF LAW AND FORUM
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the state or federal courts located in the State of Missouri, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11. INTERNATIONAL USE; EXPORTS
McKim Studios makes no representation that the Service will be appropriate for use in locations outside of the United States. Those who choose to access the Service from locations outside the United States do so at their own risk and are responsible for compliance with local laws and regulations. McKim Studios clients are responsible for compliance with all United States export laws and regulations when the member exports any materials provided through the Service.
12. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and McKim Studios with respect to the Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and McKim Studios with regard to the Service. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be deemed to be substituted with a valid, enforceable provision which most closely reflects the original intent of the parties, and the remaining portions shall remain in full force and effect.
rwerner@quiltkitID.com 507 | 649.0171 CELL P.O. BOX 18 DUNDAS, MN 55019