The following terms and conditions govern all use of the Kingman Freethinkers website and all content, services, and products available at or through the website. The Website is owned and operated by the Kingman Freethinkers . The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Kingman Freethinkers Privacy Policy (http://kingmanfreethinkers.org/privacy/), and procedures that may be published from time to time on this Site by Kingman Freethinkers (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Kingman Freethinkers, acceptance is expressly limited to these terms. The Website is only available to individuals who are at least 13 years old.
Responsibility of Contributors
If you contribute to any of the blogs, comment on any of the blogs or other posts, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying, and use of the Content will not infringe the proprietary rights, including, but not limited to the copyright, patent, trademark or trade secrets rights, or any other intellectual property of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
- Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Kingman Freethinkers or otherwise.
- By submitting Content to Kingman Freethinkers for inclusion on the Website, you grant Kingman Freethinkers a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, translate, and publish the Content solely for the purpose of displaying, distributing, and promoting your Content. If you delete Content, Kingman Freethinkers will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Kingman Freethinkers has the right (though not the obligation) to, in Kingman Freethinkers sole discretion (i) refuse or remove any content that, in Kingman Freethinkers reasonable opinion, violates any Kingman Freethinkers policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Kingman Freethinkers sole discretion. Kingman Freethinkers will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
Kingman Freethinkers has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be held responsible for that material’s content, use, or effects. By operating the Website, Kingman Freethinkers does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, works, Trojan horses, and other harmful or destructive content. The Website may contain content that you or others consider offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. Kingman Freethinkers disclaims any responsibility for any harm resulting from the sue by visitors of the Website, or from any downloading by those visitors of content there posted.
Responsibility of Website Visitors
Kingman Freethinkers has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be held responsible for that material’s content, use, or effects. By operating the Website, Kingman Freethinkers does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, works, Trojan horses, and other harmful or destructive content. The Website may contain content that you or others consider offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. Kingman Freethinkers disclaims any responsibility for any harm resulting from the sue by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed and cannot review, all of the material, including computer software, made available through the websites and webpages to which Kingman Freethinkers links, and that link to kingmanfreethinkers.org. Kingman Freethinkers does not have any control over these websites and webpages, and is not responsible for their contents or their use. By linking to a non- Kingman Freethinkers website or webpage, Kingman Freethinkers does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Kingman Freethinkers disclaims any responsibility for any harm resulting from your use of non-Kingman Freethinkers websites and webpages.
Copyright Infringement and DMCA Policy
As Kingman Freethinkers asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by kingmanfreethinkers.org violates your copyright, you are encouraged to notify Kingman Freethinkers in accordance with Kingman Freethinkers Digital Millennium Copyright Act (“DMCA”) Policy. Kingman Freethinkers will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Kingman Freethinkers will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Kingman Freethinkers or others. In the case of such termination, Kingman Freethinkers will have no obligation to provide a refund of any amounts previously paid to Kingman Freethinkers.
Intellectual Property
This Agreement does not transfer from Kingman Freethinkers to you any Kingman Freethinkers or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Kingman Freethinkers. Kingman Freethinkers, kingmanfreethinkers.org, and all Kingman Freethinkers logos, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Kingman Freethinkers. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Kingman Freethinkers or third party trademarks.
Changes
Kingman Freethinkers may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or any kingmanfreethinkers.org account (if you have one), you may simply discontinue using the Website. Kingman Freethinkers can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. Kingman Freethinkers and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Kingman Freethinkers nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Kingman Freethinkers, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Kingman Freethinkers under this agreement during the twelve (12) month period prior to the cause of action. Kingman Freethinkers shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent provided by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Kingman Freethinkers Privacy Policy (insert link), with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Kingman Freethinkers, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Kingman Freethinkers and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Kingman Freethinkers, or by the posting by Kingman Freethinkers of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website, will be governed by the laws of the state of Arizona, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Mohave County, Arizona. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Kingman, Arizona, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term of condition of this Agreement or any breach thereof, in any one instance, will not waive such term and condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Kingman Freethinkers may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. Thank you for using our service.
Change Log
Created – 7/9/2019