The Kenney Company Legal Notice
Welcome to the The Kenney Company ("The Kenney Company") web site. Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these terms and conditions (the "Terms").
If you do not agree with these Terms, please do not use this Web Site.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by The Kenney Company or by their respective third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of The Kenney Company and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of The Kenney Company or the Third Party Provider. Also, you may not "mirror" any Materials contained on this Web Site on any other server without The Kenney Company's prior express written permission.
Except where expressly provided otherwise by The Kenney Company, nothing on this Web Site shall be construed to confer any license under any of The Kenney Company or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by The Kenney Company. The Kenney Company does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by The Kenney Company.
The Kenney Company hereby grants you permission to display, copy, distribute and download The Kenney Company Materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.
Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
LINKS TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by parties other than The Kenney Company. The Kenney Company is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. The Kenney Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Kenney Company of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.
Except where expressly provided otherwise by The Kenney Company, all photos, comments, feedback, information or materials submitted to The Kenney Company through or in association with this Web Site ("Submissions") shall be considered non-confidential and The Kenney Company property. By providing such Submissions to The Kenney Company, you agree to assign to The Kenney Company, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. The Kenney Company shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not The Kenney Company, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY The Kenney Company, THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND The Kenney Company HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. The Kenney Company MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.
LIMITATION OF LIABILITY
The Kenney Company SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL The Kenney Company BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF The Kenney Company HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST The Kenney Company FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD The Kenney Company HARMLESS FROM, AND YOU COVENANT NOT TO SUE The Kenney Company FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.
LOCAL LAWS; EXPORT CONTROL
The Kenney Company controls and operates this Web Site within the United States of America and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in the United States of America. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from The Kenney Company, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This Web Site may include inaccuracies or typographical errors. The Kenney Company and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. The Kenney Company may periodically make changes to the Web Site. California law and controlling U.S. federal law will govern any action related to these Terms. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. The Kenney Company has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by The Kenney Company.
INTELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by The Kenney Company.
The Kenney Company, Kenney Company, the Kenney Company logo, and/or other The Kenney Company products referenced herein are trademarks of The Kenney Company and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Copyright ©2004 - 2006 The Kenney Company, 824 Harbor
Island Drive, Newport Beach, California, 92660. All rights