NEW
       KEYPHRENE SITE
       VERSION 2.0

 
  Terms and conditions   
  This service is provided by KEYPHRENE.COM to you ("you" or "user"), subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time by KEYPHRENE.COM. KEYPHRENE.COM currently offers services to users who agree to abide by (i) the terms and conditions of this Agreement; (ii) the privacy policy, and (ii) any guidelines posted on the KEYPHRENE.COM network of sites. KEYPHRENE.COM reserves the right to change the nature of this relationship at any time without notice to you. You may review the most current version of this Agreement at: www.keyphrene.com. In addition, when using particular services of KEYPHRENE.COM, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted by KEYPHRENE.COM from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. ENTERING a page of the KEYPHRENE.COM site WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER ANY SITE OF THE KEYPHRENE.COM.

  1. description of service   
  KEYPHRENE.COM currently provides users with access to a collection of resources, including, various communications tools, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including but not limited to the release of new KEYPHRENE.COM properties, shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that KEYPHRENE.COM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Please be aware that KEYPHRENE.COM has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

  2. your registration obligations   
  In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or KEYPHRENE.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KEYPHRENE.COM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). KEYPHRENE.COM is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as a legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 4 below) is appropriate for your child. You agree to grant KEYPHRENE.COM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers), right to exercise the copyright and publicity rights you have to your Registration Data and any information you provide to KEYPHRENE.COM or other users within publicly accessible areas of the Service or through the messaging service ("My Account"), in any media now known or not currently known. KEYPHRENE.COM will only use the Registration Data and Your Information in accordance with KEYPHRENE.COM Privacy Policy.

  3. user account, password, and security   
  You will receive confirmation of your User ID upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password for your Account, and are fully responsible for all activities that occur under your password or Account. You agree to (a) immediately notify KEYPHRENE.COM of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. KEYPHRENE.COM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

  4. user conduct   
  You understand that all information, data, text, files, graphics, links, music, photographs, software, sound, video, messages, communication or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Accordingly, you, not KEYPHRENE.COM, are entirely responsible and liable for all activities conducted through your Account. This Service does not control the Content posted or transmitted in any way and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using this Service you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will KEYPHRENE.COM be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, sent via the Service. Listed below are some, though not all, violations that may result in KEYPHRENE.COM terminating your Account. You agree not to do any of the following actions while using the Service:
Harass, "stalk", threaten, embarrass or cause distress or discomfort upon another KEYPHRENE.COM participant, user, or other individual or entity;
Upload, post, email, or otherwise transmit via the Service any Content that KEYPHRENE.COM considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party; Cause any screen in the Service to "scroll" faster than other users are able to type to it or any action to a similar disruptive effect;
Impersonate in the Service any person, including but not limited to, a KEYPHRENE.COM official, forum leader, guide or host;
Disrupt the normal flow of dialogue within the Service or otherwise act in a manner that negatively affects other participants;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Service;
Collect or store personal data about other users;
Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Service or in connection with your use of the Service in any manner; and Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Service. Note on unsolicited spam and mail bombing: KEYPHRENE.COM policy on using our communication system to market to our users mandates that: The sender of any message deemed to be "spam" or "mail bombing" to any other user or users will be liable for $ 100 for each account/user/recipient that receives each unauthorized message. The sender will pay all fees owed to KEYPHRENE.COM within thirty (30) days of such transmission. You acknowledge that KEYPHRENE.COM doesn't pre-screen Content, but that KEYPHRENE.COM and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limitation, KEYPHRENE.COM shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by KEYPHRENE.COM, transmitted through the Service, or submitted to KEYPHRENE.COM. You acknowledge and agree that KEYPHRENE.COM may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of KEYPHRENE.COM, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  5. international use   
  Recognizing the global nature of the Internet and wireless messaging, you agree to comply with all local rules regarding online and telecommunication conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

  6. public content posted on or via the service   
  For purposes of this Agreement, "publicly accessible areas of the Service" are those accessible by the general public. With respect to Content you elect to post for inclusion in publicly accessible areas of the Service that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant KEYPHRENE.COM the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific service of KEYPHRENE.COM to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.

  7. indemnity   
  You agree to indemnify and hold KEYPHRENE.COM, and its subsidiaries, affiliates, officers, agents, customers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.

  8. no resale of service  
  You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

  9. general practices regarding use and storage   
  You acknowledge that KEYPHRENE.COM may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the KEYPHRENE.COM servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that KEYPHRENE.COM has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that KEYPHRENE.COM reserves the right to log off accounts that are inactive for more than 90 days. You further acknowledge that KEYPHRENE.COM reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

  10. modifications to service   
  KEYPHRENE.COM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that KEYPHRENE.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  11. termination   
  You agree that KEYPHRENE.COM, in its sole discretion, may terminate your password, Account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if KEYPHRENE.COM believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. KEYPHRENE.COM may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that KEYPHRENE.COM may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Service. Further, you agree that KEYPHRENE.COM shall not be liable to you or any third-party for any termination of your access to the Service.

  12. dealings with advertisers and users   
  Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that KEYPHRENE.COM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. In addition, KEYPHRENE.COM does not regulate user-to-user dealings, therefore, in the event you have a dispute with one or more users of the Service, You agree that KEYPHRENE.COM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such user or users on the Service.

  13. links   
  The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because KEYPHRENE.COM has no control over such sites and resources, you acknowledge and agree that KEYPHRENE.COM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that KEYPHRENE.COM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  14. keyphrene.com's proprietary rights   
  You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by KEYPHRENE.COM or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. KEYPHRENE.COM grants you a personal, non-transferable and non-exclusive right and license to use its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by KEYPHRENE.COM for use in accessing the Service.

  15. disclaimer of warranties   
  YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KEYPHRENE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) KEYPHRENE.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KEYPHRENE.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.

  16. limitation of liability   
  YOU EXPRESSLY UNDERSTAND AND AGREE THAT KEYPHRENE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KEYPHRENE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. KEYPHRENE.COM'S LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO KEYPHRENE.COM IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $ 100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

  17. special admonition for services relating to financial matters   
  If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 15 and 16 again. KEYPHRENE.COM shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

  18. notice   
  Notices to you may be made via email, regular mail, or the Service may also provide notices of changes to this Agreement or other matters by posting notices or links to notices generally on the Service.

  19. copyright policy   
  KEYPHRENE.COM respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KEYPHRENE.COM's Designated Copyright Agent the following information: A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; 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 Service; Your email address; A 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. The above information should be in writing and sent to KEYPHRENE.COM's designated copyright agent as specified below: supportgo@keyphrene.com. Under the appropriate circumstances, it is KEYPHRENE.COM's policy to remove and/or to disable access from the Service to web pages of repeat infringes, and to terminate subscribers and account holders who are repeat infringes.

  20. violations   
  Please report any violations of this Agreement to supportgo@keyphrene.com.



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