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TERMS OF USE


Killertoys Website Terms of Use


Welcome to Killertoys TM, where you can find Stuff Worth Playing With.


The following are the rules or "Terms" that govern use of the Killertoys.com web site and the Services offered on the Site such as email, chat, searches, links, contests, purchases, etc. (collectively, "Site"). By using the Site, you agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Killertoys reserves the right to change these Terms at any time, effective immediately upon posting on the Site.


Permitted Use.

You are only authorized to view and to retain a copy of pages of this Site for your own personal use. Do not duplicate, publish, modify or otherwise distribute the material on this Site unless specifically authorized by Killertoys to do so. The content and software on this Site is the property of Killertoys and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.


User Contributions to the Site.

There are many opportunities for you to contribute to the Site and to communicate with other users of the Site. These include, among others, uploading information, opinions, artwork, links or other materials, which collectively, we call "Content" to the Site or using our chat, bulletin boards or email services. Killertoys is not liable or responsible for any Content provided by its users or other third parties to the Site or to other users of the Site by email ("User Content"). The contributions of third parties do not necessarily represent the view or opinions of Killertoys. We can not preview User Content before appears or is sent to another user. Users can be held liable for any illegal or prohibited User Content they provide to the Site or to other users, including among other things, infringing, defamatory or offensive materials. However, if you discover this kind of material on the Site, please notify us at abuse@killertoys.com We will investigate your claim and take appropriate action.


Use of User Content By Killertoys.

By posting User Content on the Site, you agree and grant Killertoys the right to use your User Content on the Site, and in connection with the marketing, archiving, display or exhibition of the Site or any, in perpetuity in all media, whether now known or later wwweloped, throughout the world. You expressly waive any claim against Killertoys, its parent, affiliated or subsidiary companies, its partners or its licensees in connection with their use of the User Content. In consideration for your use of the Site and other value received, You agree and acknowledge that Killertoys may use the User Content as set forth above, without any compensation or credit to You. If you do not want to make this grant and waiver, do not submit the User Content that you do not want us to use.


Links and Search Results.

The Site may automatically produce search results that reference or links to third party sites throughout the Internet. We have no control over these Sites or the Content within them. Killertoys cannot guarantee, represent or warrant that the Content contained in the Sites is accurate, legal and/or inoffensive. Killertoys does not endorse the Content of any third party Site, nor do can we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Killertoys for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results and/or to link to another site. However, if you have a problem with a link from the Site, please let us know at support@killertoys.com and we will investigate the link and take appropriate action.


Prohibited Content.

The following is a partial list of the kind of User Content which is illegal or prohibited on the Site or via email accessed through the Site. It includes Content that:


Violation of the Terms.

You understand and agree that in our sole discretion, and without prior notice, we may terminate your access to the Site, to any email services offered on the Site, and remove any unauthorized User Content, if we believes that the User Content you provided has violated or is inconsistent with these Terms or with the intention behind them, or that you have violated the rights of Killertoys, another User or the law. We may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.


Copyright Policy.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Killertoys Copyright Agent for Notice of claims of copyright infringement can be reached as follows: General Counsel at mkatzlaw@yahoo.com.


Privacy.

We believe that your privacy and the privacy of all our users is important. Please review our privacy policies. If you post any original Content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting it to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use the Content. Killertoys is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any content they submit to the Site. This Site is not intended for use by persons under the age of fourteen. Individual who are under fourteen are expressly prohibited from posting any personally identifiable information about themselves.


Password.

If you register to use the Site you will receive a password to access your personal information and other services and accounts. You are solely responsible for maintaining the confidentiality of your password and account, and for the activities that take place using your password and account.


U.S. Export controls.

Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.


DISCLAIMER

Killertoys does not promise that the Site or any services, such as email, links or searches offered on the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site, and its Content are delivered on an "as-is" and "as-available" basis. We can not ensure that files you download from the Site will be free of viruses or contamination or destructive features. Killertoys disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose, and will not be liable for any damages of any kind arising from Your use of this Site or any products or services obtained or referred to you from the Site, including without limitation, direct, indirect, incidental, punitive and consequential damages, even if we have been advised of the possibility of such damages.


Disputes.

If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws or the State of Florida without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Florida, County of Broward.


Product Purchases

Killertoys makes third party products available to you for purchase. Only the manufacturer of such products are responsible for the merchantability, quality, performance and safety of such products. Only the manufacturer's warranties apply, If you have a claim against or a dispute with the manufacturer, or if you are harmed in any way by the use of such products, you release Killertoys (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such claims and/or disputes. for more information about our purchase policies, please check our F.A.Q.'s.


Limitation on Liability.

You expressly agree that Killertoys shall not be responsible or held liable for any indirect, consequential, speculative or punitive damages arising from your use of the Site, including also any orders for products or services that you make using the Site, even if Killertoys has been advised of the possibility of such damages.


Indemnity.

You agree to indemnify and hold Killertoys, its parent, subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Site, including also your use of the Site to provide a link to another Site or to upload content or other information to the Site.