(updated February 8, 2022)
Permission is granted to you to download, temporarily, one copy of the materials (information or software) on the Site/Services for personal viewing only. This is the grant of a limited license, not a transfer of title in any way, and under this license you may not:
- modify or copy the materials or any portion thereof;
- distribute or publicly display the materials or any portion thereof;
- attempt to decompile or reverse engineer any software or functioning contained on the Site/Services;
- remove any copyright or other proprietary notation(s) from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Keyosk at any time. Upon terminating your viewing of these materials, or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimers, Limitations of Liability, and Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEYOSK HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE/SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEYOSK SHALL NOT BE LIABLE FOR (I) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS OR GOODWILL; (III) DAMAGES FOR LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR PERSONAL INJURY, OR FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE; AND (IV) ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER THE LAWS OF SOME STATES, LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF SOME KINDS OF DAMAGES ARE NOT PERMITTED. IF THESE LAWS APPLY TO YOU, THE ABOVE DISCLAIMER AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOUR USE OF THE SITE/SERVICES IS AT YOUR SOLE RISK. THE SITE/SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KEYOSK MAKES NO WARRANTY THAT (I) THE SITE/SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITE/SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE (WHETHER TECHNICAL, TYPOGRAPHICAL, PHOTOGRAPHIC, OR ANY OTHER ERRORS), (III) RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE/SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF THE SITE/SERVICES OR RESULTS ACHIEVED THROUGH ANY OF THEM, WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE/SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KEYOSK OR THROUGH OR FROM THE SITE/SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, KEYOSK'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: THE AMOUNT PAID, IF ANY, BY YOU TO KEYOSK FOR SERVICES, OR TWENTY U.S. DOLLARS ($20).
Keyosk does not warrant that any of the materials on the Site/Services are accurate, complete, or current. Keyosk may make changes to the materials contained on the Site/Services at any time without notice. However, Keyosk does not make any commitment to update the materials.
Intellectual Property: General
All intellectual property rights associated with third-party services referenced on or offered through the Site/Services are owned by the respective entities offering such services (collectively, “Third Parties”).
As between you and Keyosk, Keyosk owns all intellectual property rights, including all copyrights, patents, trademarks, and trade dress associated with the Site/Services, including all associated software, logos, text, and graphics. You agree not to use any Third Parties' intellectual property or any Keyosk intellectual property without prior written permission from such Third Parties or Keyosk. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site/Services so long as such link is not related to any portrayal of Keyosk or the Site/Services in any false, misleading, derogatory, or otherwise offensive manner.
Intellectual Property: Content License Granted
Please be aware that when you provide content to us or on or through the Site/Services – whether such content is written, audio, visual, or digital or any other format or any combination thereof (collectively, “Content”) – you are doing the following:
(a) you grant to Keyosk a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to exercise any and all intellectual property rights you have in that Content in connection with our business and/or provision and/or promotion of the Site/Services, in any media known now or developed in the future;
(b) you waive any right to enforce your intellectual property rights, if any, in that Content against Keyosk, or our sublicensees or other agents, in connection with any use of that Content in connection with the Site/Services or promotion thereof.
Keyosk retains the right to use all publicly-published or posted Content for Keyosk's business purposes, including but not limited to marketing and promotional purposes.
Intellectual Property: Copyright Objections
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA). If you believe that your copyright rights have been infringed, please provide to our copyright agent ALL of the following information:
- A physical or electronic signature of the copyright owner, or the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
- Identification and description of the copyrighted work that you claim has been infringed.
- Identification and description of where the material that you claim is infringing is located on the Site/Services, including the URL.
- Your full name, mailing address, telephone number, and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact our copyright agent:
Keyosk, LLC, 21750 Hardy Oak Blvd., Ste. 104, PMB 80940, San Antonio, Texas 78258-4946
Upon receipt of a complete notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing Content;
- notify the content provider who is accused of infringement that we have removed or disabled access to the relevant Content; and
- terminate the relevant content provider's access to the Site/Services.
If you believe Content you posted was removed (or access to it was disabled) inappropriately because the Content does not infringe another party's rights, you may send us a counter-notice (to the address or email address above) containing ALL of the following information:
- A physical or electronic signature of the content provider;
- Identification of the Content that has been removed or to which access has been disabled, and the location at which the Content appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content; and
- Content provider's full name, mailing address, telephone number, and email address
- A statement that the content provider consents to the jurisdiction of the federal court located in the jurisdiction in which the relevant ostensible copyright owner (or its agent that submitted the relevant copyright objection) is located, and that the content provider will accept service of any complaint or other relevant legal papers.
Keyosk may, in its sole discretion, provide the content of the copyright notice or counter-notice to the relevant parties. Unless the relevant copyright owner files an action seeking a court order against the content provider accused of committing infringement, the Content removed/disabled may be reposted by Keyosk in its discretion after receipt of the counter-notice.
LINKS IN THE SITE/SERVICES MAY LET YOU LEAVE THE SITE/SERVICES. SUCH THIRD-PARTY SITES ARE NOT CONTROLLED OR OPERATED BY KEYOSK AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH SITE, OR ANY LINK CONTAINED IN SUCH SITE, OR ANY FORM OF TRANSMISSION RECEIVED FROM ANY SUCH SITE. LINKING DOES NOT IMPLY ENDORSEMENT BY KEYOSK OF ANY SITE. Keyosk is not responsible or liable in any way for, and makes no representations or warranties about, the privacy, security, data policies, practices, quality, accuracy, timeliness, reliability of any third-party sites or their content, advertisements, functionality, and links.
Representations & Warranties
With any use of the Site/Services, including but not limited to any submission of any Content, you hereby represent and warrant that:
- you are 16 years of age or older,
- you are fully able, competent, and authorized to enter into this binding Agreement,
- you will abide by and comply with this Agreement, and your access and use of the Site/Services are for your personal use,
- your access and use of the Site/Services shall comply with all applicable laws, rules, and regulations, and not violate any intellectual property rights or other rights of any party,
- you will not post, upload, link, or transmit to the Site/Services any Content or information that is false or inaccurate, or any material or Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment,
- you will not frame or apply framing techniques to the Site/Services,
- you will not use data mining, robots, or similar data gathering and extraction tools on the Site/Services,
- you will not reverse engineer, decompile, disassemble, revise, modify, or violate the security of this Site/Services or attempt to do so,
- you will not use, copy, modify, create derivative works of, distribute, sell, deliver or otherwise transfer, directly or indirectly, any part, portion, or content of this Site/Services unless expressly permitted, in writing, in advance by Keyosk,
- you will not post false, inaccurate, misleading, deceptive, defamatory, or libelous content on or about the Site/Services,
- you will not provide to, send to, or post on the Site/Services any pornographic or obscene Content, or portions thereof, and you agree that we have, in our sole discretion, the right to remove any such Content from the Site/Services and suspend or terminate your access thereto,
- you own any and all Content you provide to, send to, or post on the Site/Services, or you expressly (in writing) own or otherwise control all necessary rights to do so,
- you will not provide to, send to, or post on the Site/Services any Content that infringes the intellectual property, privacy, publicity, or any other rights of any third party.
Keyosk will not be liable for non-performance or delay in performance caused by any event beyond the reasonable control of Keyosk, including, but not limited to, war, hostilities, revolutions, riots, civil commotion, terrorist activity or threat, national or state emergency, epidemic, pandemic, fire, flood, earthquake, force of nature, explosion, embargo, any act of God, or any other event of a similar nature.
Indemnification and Release
You hereby agree to indemnify and hold harmless, and upon Keyosk's request, defend, Keyosk and its owners, employees, managers, officers, directors, parents, subsidiaries, affiliates, members, representatives, agents, successors, and assigns (collectively, “Keyosk Parties”) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of or related to any claim, action, or proceeding made by a third party arising from or related to: (i) actual or alleged breach of any warranty, representation, covenant, or obligation of yours under this Agreement or applicable law, including but not limited to your agreements, acceptance, representations, and warranties set forth above; or (ii) actual or alleged infringement or violation by you of any intellectual property or privacy or other right of any other. Keyosk Parties shall have the right, at their expense, to participate in its defense with counsel of their choosing.
You hereby expressly and perpetually release all Keyosk Parties, from any and all claims of any kind related to or arising out of access, attempted access, or use of the Site/Services, including but not limited to any injury, loss, or damage arising out of or attributable to such access, attempted access, or use of the Site/Services. You expressly and perpetually waive, and covenant not to make or bring, any such claim against any Keyosk Parties, and forever release and discharge all Keyosk Parties from liability under such claims.
This Agreement and the relationship between you and Keyosk shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. Any dispute arising in connection with this Agreement or the Site/Services shall be submitted to arbitration conducted in Wilmington, Delaware, by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA's Commercial Arbitration Rules (as applicable). Three arbitrators will be selected for the proceeding: one selected by you, one selected by Keyosk, and one selected by those two arbitrators within seven (7) days of the appointment of the first two. The arbitrators will decide the substance of all claims in accordance with applicable law. The arbitrators' award shall be final and binding, and judgment on the award rendered by the arbitrators may be entered in any court.
To the extent permitted by law, you agree that you will not bring, join, or participate in any class action lawsuit as to any claim or dispute you may have against any of the Keyosk Parties. You agree to the entry of injunctive relief to stop such a lawsuit or remove you as a participant in the suit. You agree to pay the attorneys' fees and costs that any Keyosk Parties incur in seeking such relief. This Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually. This provision preventing you from bringing, joining, or participating in class action lawsuits is an independent agreement.
Any notices to Keyosk shall be sent by email to email@example.com, or in writing at Keyosk, LLC, 21750 Hardy Oak Blvd., Ste. 104, PMB 80940, San Antonio, Texas 78258-4946, Attn: Legal.
This Agreement along with any additional terms, policies, rules, or regulations posted on the Site/Services constitute the entire agreement between you and Keyosk and govern your use of the Site/Services, superseding any prior agreements between you and Keyosk. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The failure of Keyosk to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
You may not assign or transfer your rights or obligations under this Agreement, in whole or in part. Keyosk may assign or transfer its rights and obligations under this Agreement. This Agreement shall inure to the benefit of and be binding upon the respective heirs, successors, and permitted assigns of you and Keyosk.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be curtailed only to the extent necessary to bring it within legal and enforceable requirements and all other provisions of this Agreement shall remain in full force and effect. The headings in this Agreement are for convenience only and shall not affect the meaning of any provisions of this Agreement.
Without limiting other remedies, Keyosk may issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and/or use of the Site if: (i) you breach this Agreement or the documents it incorporates by reference, or breach any other agreement between you and Keyosk; (ii) we are unable to verify or authenticate information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us, or other users. Keyosk has no obligation to monitor the Site/Services, but Keyosk reserves the right to review content provided through the Site/Services and to remove any content in Keyosk's sole discretion. Keyosk reserves the right to refuse, suspend, or terminate access to the Site/Services to anyone for any reason at Keyosk's sole discretion.