TERMS OF SERVICE
This site (RopedStuds.com) is operated by Kenneth Benjamin Media (“KB Media”). This site is intended for your personal information, education, and communication. Please feel free to browse the site; however, your access and use of the site is subject to the following terms of service (“Terms of Service”) and all applicable laws. By accessing and browsing the site, you accept, without limitation or qualification, the Terms of Service. If you do not agree with all of the following Terms of Service, please do not use this site. Kenneth Benjaminn Models reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Service periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Service.
A NOTE ON HACKERS AND ILLEGAL PASSWORD SHARING
Users found to be accessing the site from multiple IP addresses or utlizing levels of bandwidth in periods of time that would only be possible with multiple users sharing the same username and password, will have violated the terms of this agreement and will have their memberships terminated immediately.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any KB Media site are the copyrighted property of Kenneth Benjamin Media, or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Kenneth Benjamin Media, or its affiliates. No material from any KB Media Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any KB Media Site.
For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us.
LINKS TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement by KB Media, its subsidiaries, and affiliates of the opinions or views expressed by these Web sites, and KB Media does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained in these sites. Furthermore, KB Media is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites.
As such, neither KB Media nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall KB Media assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites.
Finally, KB Media will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these sites.
ONLINE FORUMS, BULLETIN BOARDS, CHATROOMS, POSTINGS
This KB Media site may include bulletin boards, chat rooms, and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works, or any other materials (collectively “Bulletin Boards”). KB Media does not control the material delivered to Bulletin Boards, and KB Media has no obligation to monitor such Bulletin Boards. The messages do not necessarily reflect the views of KB Media.
In no event shall KB Media assume or have any responsibility or liability for any materials posted on Bulletin Boards or for any claims, damages, or losses resulting from their use and/or appearance on this site. KB Media reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Bulletin Boards) as necessary to satisfy any law, regulation, or governmental request.
In addition, KB Media reserves the right to edit, refuse to post, or to remove any information or materials, in whole or in part, that in KB Media’s sole discretion are objectionable or in violation of these Terms of Service.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting KB Media a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: Use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
THE MATERIALS IN THIS KB MEDIA SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY KB MEDIA SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY KB MEDIA SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY KB MEDIA SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any KB Media site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any KB Media site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide and products we sell, and to institute new fees, charges, or terms effective upon prior notice to customers.
If payment cannot be charged to Customer’s credit card, bank account or Customer’s charge is returned for any reason, including chargeback, KB Media reserves the right to refuse service to the customer.
You are entirely responsible for maintaining the confidentiality of your activity on this site. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees’) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY KB MEDIA SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY KB MEDIA SITE.
KB Media sites are controlled and operated by Kenneth Benjamin Media and its affiliates from its U.S. offices and operations in Minnesota. We make no representation that materials on any KB Media site are appropriate or available for use in any particular location. Those who choose to access a KB Media site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all KB Media sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to any and all KB Media sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the KB Media site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
These terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Minneapolis, Minnesota, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.