Terms of Use

Terms of Use

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEB SITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THIS WEB SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY KELBYONE, LLC TO ACCESS OR OTHERWISE USE THIS WEB SITE. BY PROCEEDING TO ACCESS THIS WEB SITE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. This web page represents a legal document and is the Terms of Use (Agreement) for our websites owned by KelbyOne, LLC . By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

Definitions

The terms “us” or “we” or “our” refers to KelbyOne, LLC , the owner of this Website. A “Visitor” is someone that merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.

Acceptance of Agreement

This Agreement is between you and KelbyOne, LLC . THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER. Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and KelbyOne, LLC , and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Websites and Services. While We endeavor to keep the materials on the Site up to date, We cannot and do not assume responsibility for any errors or omissions in these materials. We further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. We may make changes to these materials, or to the products or services described herein, at any time without notice, and make no commitment to update the information contained herein. If You do become aware of an error, please contact us. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.

Terms and Conditions of Use

By accessing, viewing, or using this Site, You indicate that You understand and intend to be bound by the following Terms & Conditions and to Our Privacy Policy. You agree that each are the legal equivalent of a signed, written contract and are equally binding. Please note that We reserve the right to change the Terms and Conditions and Privacy Policy under which this Site and its offerings are extended to You. Your continued use of this Site following such modifications will be conclusively deemed acceptance by You of any changes to the Terms and Conditions and Privacy Policy.

Limited License

KelbyOne, LLC grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and KelbyOne, LLC .

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of KelbyOne, LLC . Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

All material contained on this Site is protected by law, including but not limited to, United States trademark and copyright law, as well as state, national, and international laws and regulations. We own a copyright in the Site as a collective work and/or compilation, and in the selection, arrangement, enhancement, and coordination of the content on this Site. Unless otherwise indicated, all content on the Site is copyrighted by Us, with all rights reserved. The logos and all other trademarks, names, logos, and icons identifying Our goods and/or services are Our proprietary marks, unless otherwise indicated. All other product and company names and other marks mentioned herein are the property of their respective owners. Except as expressly provided herein, We do not grant any express or implied right to You to use any copyright, trademark, service mark, logo, and/or trade name that appears on the Site.

Digital Millennium Copyright Act Compliance

Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information: 1. 1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. 2) A description of the copyrighted work that you claim has been infringed; 3. 3) A description of where the material that you claim is infringing is located on our Website; 4. 4) Your address, telephone number, and email address; 5. 5) 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; and 6. 6) 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. We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Our Copyright and Intellectual Property Agent for Notice of claims of alleged copyright or other intellectual property infringement on the Site is:

KelbyOne, LLCATTN: Intellectual Property Agent333 Douglas Road EastOldsmar, FL 34677 Tel. 813.749.4000 x152 copyright@kelbymediagroup.com
Note: The contact information above is provided exclusively for notifying Us of copyright or other intellectual property infringement.

Eligibility and Registration for Membership

To use our Member Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. This is intended for Users who are at least 18 years of age or older, unless consent is granted by a parent or guardian. Any registration by, use of or access to our Website by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. By using our Website and/or Service, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of this Agreement. KelbyOne, LLC has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

Your use of certain portions of this Site may require registration and the designation of a user name, profile name and associated passwords (collectively “IDs”). By agreeing to these Terms and Conditions, You agree to be solely responsible for the confidentiality and use of Your respective IDs, as well as for any communications entered through the Site using Your IDs. You must also immediately notify Us if You become aware of any unauthorized use, loss or theft of Your IDs. We reserve the right to delete or change your IDs at any time and for any reason. When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security. You agree that Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Content Disclaimer

Opinions expressed on our Website are not necessarily the opinions of KelbyOne, LLC . The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. Members are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.

Video Disclaimer

The views and opinions expressed in our video do not necessarily reflect the official policies or positions of KelbyOne, LLC The content and opinions contained in this video are not intended to malign any religion, ethic group, organization, company or individual.

KelbyOne, LLC makes no representations or warranties of any kind, express or implied, with respect to any content contained within our video. Videos are for educational purposes only.

KelbyOne, LLC is not responsible for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from viewing our videos.

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Website will be error-free. We make every effort that all the information provided by our websites and services will be accurate. We do not represent or otherwise warrant that the information available on or through our Website will be correct. We may make changes to the features, functionality or content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Services.

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and KelbyOne, LLC or our Members. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services.

Advertisers and Sponsors Disclaimer

Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY KelbyOne, LLC AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN. We, in Our sole discretion, may post advertisements of third parties on the Site. Your correspondence or any other dealings with advertisers found on this Site are solely between You and such advertiser. You agree that We shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, We shall not be responsible or liable for the statements or conduct of any third party on this Site. You shall not knowingly or intentionally interfere with the display of such advertisements.

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES ARE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Warranty Disclaimer

KelbyOne, LLC is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by KelbyOne, LLC . Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website or Services. KelbyOne, LLC is not responsible for the conduct, whether online or offline, of any user of our Website or Services. Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. KelbyOne, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. KelbyOne, LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Services, including without limitation any software provide through our Website or Services. Under no circumstances will KelbyOne, LLC be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline. KelbyOne, LLC reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KelbyOne, LLC , INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. KelbyOne, LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. KelbyOne, LLC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND KelbyOne, LLC . OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Event Disclaimer

By participating in any events planned and controlled by KelbyOne, LLC you agree to the following:

KelbyOne, LLC events are provided with no special warranty either express or implied. The Organizers, including but not limited to the Partners, Advisory and Sponsors, of KelbyOne, LLC events assume no liability for any loss, theft, damage, or injury to property or persons, including death, whether arising in contract, negligence, equity, or otherwise. You assume all risks when participating in KelbyOne, LLC events. All participants must use care and good judgment and must obey all rules and regulations KelbyOne, LLC You must obey all laws of the State and Country in which the event is held. KelbyOne, LLC reserves the right to eject any participant who does not comply with the terms of this section. Ejected participants will not be entitled to a refund or any further recourse. You will defend, indemnify and hold harmless KelbyOne, LLC and its organizers, directors, employees, consultants, agents, affiliates for any and all legal actions arising out of participation in a KelbyOne, LLC event. You further agree to pay all legal fees incurred by KelbyOne, LLC that arise due to this agreement. You give KelbyOne, LLC authorization to use and post any photographs, videotapes, recordings or any other record of our events, including full names of any participants, before during or after the event for promotional use, reporting to the media and to publish on our website or blog. You will not be entitled to any compensation for KelbyOne, LLC’s use of your name or image. Refunds for any reason will be at the discretion of KelbyOne, LLC KelbyOne, LLC reserves the right to exclude anyone from becoming a participant in any of it’s events should they choose not to accept this Agreement.

Limitation of Liability

KelbyOne, LLC , as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website our Content, (e) the content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control. IN NO EVENT WILL KelbyOne, LLC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF KelbyOne, LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KelbyOne, LLC ’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Member Conduct

Members may post their own content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. KelbyOne, LLC is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, KelbyOne, LLC will submit all necessary information to the proper authorities.

If any Member Content is reported to KelbyOne, LLC as being offensive or appropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by KelbyOne, LLC . Should the Member fail to meet such a request, KelbyOne, LLC has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Services to do any of the following: 1. 1. upload, post or otherwise transmit any Member Content that: a. a. Violates any local, state, federal, or international laws. b. b. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party. c. c. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable. d. d. Links directly or indirectly to any materials to which you do not have a right to link. e. e. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers. f. f. 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 telecommunications equipment, or to extract information from our Website or Services. g. g. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. h. h. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements). i. i. In the sole judgment of KelbyOne, LLC , is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose KelbyOne, LLC , our affiliates, or our Users to any harm or liability of any type. j. 2) use our Content to: k. a. Develop a competing website. l. b. Create compilations or derivative works as defined under United States copyright laws. m. c. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism. n. 3) Decompile, disassemble or reverse engineer our Website, Services, and any related software. o. 4) Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws. p.

Submissions

a. Any photograph, information, know-how, idea, suggestion, material, or other content provided to Us or posted on this Site, including posts in a forum or photo gallery, will be collectively referred to herein as a “Submission.” When providing a Submission you agree to abide by the Code of Conduct below. You retain ownership and in no way surrender any copyright in Your Submission, unless otherwise agreed. A Submission not owned by You or for which You have no permission to submit will be considered a violation of this Agreement, and may be a violation of federal and/or state intellectual property and/or other applicable laws. You specifically represent that for any Submission provided to Us it is (i) your original work, or is properly licensed, and does not violate the copyright or any other personal or property right of any third party, and that (ii) You have obtained any and all releases and permissions necessary for posting the work.Any Submission received through this Site will be deemed to include to Us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, republish, transmit, disseminate, distribute, perform, and publicly display all content, remarks, suggestions, ideas, graphics, or other information in the Submission, in whole or in part, without additional approval, to incorporate any Submission in other works in any form, media, or technology now known or later developed, in connection with this Site and Our affiliated web sites and publications. We will not be required to treat any Submission as confidential.We provide no compensation for Your Submission or for Our use of a Submission. We will not sell individual reproductions of your Submission. We assume no responsibility or liability for the timeliness, deletion, delivery failure or failure to store images.You agree and warrant that any Submission conforms to our policies and guidelines concerning the size, length, format, subject, relevancy and content. Content that we deem unacceptable, inappropriate and/or objectionable would be the following, which list is not a complete or comprehensive list and may be amended at any time: b. * Full frontal nudity* Suggestive poses, implied pornography* Contains racial, religious prejudice and/or is offensive to people of a certain race and/or religion* Content depicting hate or malice towards minorities, religion, etc.* A fully digital manipulated image where NONE of the sources are your own photographic work* Copyrighted material posted without permission* Threatening, vulgar, harmful content c. We provide no guarantee that a Submission will be posted or published. We reserve the right to refuse to post, or may remove at any time, any Submission received through this Site for any reason. d.

Member Portfolios

A member portfolio may be provided to Our Subscribers. If so, the photo gallery services are provided “as is” and can be modified or discontinued by Us at any time without notice or liability to any user or third party. Individual images or entire galleries may be removed without prior notice. All submissions to the photo gallery must comply with the terms of this User Agreement. The Member Portfolios on our sites are owned and operated by the KelbyOne, LLC We reserves the right to withhold any image(s) submitted if they are deemed to be of questionable subject matter. If at any time, we receives a complaint about an image’s appropriateness, we will remove the image off the site. Inappropriate comments may be removed by the artist or KelbyOne, LLC as well. Respective creators of images own copyrights of said image(s). We reserves the right to feature any image posted to any member Portfolio on our web page without compensation. These terms may be updated at any time without notice.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy

Our Privacy Policy is considered part of this Agreement. You must review the Privacy Policy by visiting the link on our site.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For Your protection, We reserve the right to view, monitor, and record activity on the Site without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. We will also comply with all court orders involving requests for such information.

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Links to Other Websites

Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. KelbyOne, LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Certain information from third parties or independent information providers may be made available on or through links from this Site for Your convenience in locating related information and services. Such information is provided “as is” and on an “as available” basis and is maintained by third parties over which We exercise no control. We make no representation about, nor do We guarantee or endorse the reliability of the information. Likewise, We do not endorse, oppose or edit any opinion or analysis expressed by any third-party information provider. WE MAKE NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD?PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD?PARTY SITE. We do not endorse, and shall not be liable in connection with, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Use of third?party sites is at Your own risk.

Confidentiality of Site

While We endeavor to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, We and our Affiliates are not responsible for the security of any information transmitted via the Internet. You assume the sole and complete risk for using this Site.

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

Refund and Return Policy

To the extent that you purchase any goods directly from us, we may refund you your purchase price within thirty (30) days of you notifying us of your desire for the refund, together with the reason for the request, subject to the return of the product to us in substantially the same condition as when purchased. To the extent that you purchase any membership directly from us, we may refund you your purchase price within thirty (30) days for annual memberships and seven (7) days for monthly memberships of you notifying us of your desire for the refund, together with the reason for the request, subject to the revocation of the membership.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.

Arbitration

The validity, construction, and performance of these Terms and Conditions shall be construed in accordance with the laws of the State of Florida. Any disputes arising in connection with these Terms and Conditions shall be resolved by binding arbitration in the State of Florida by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. The award shall be enforceable in any court having jurisdiction thereof. Exclusive venue for such arbitration shall be in Pinellas County, Florida. The Site is controlled and operated by Us from Our offices within the United States. We make no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If You choose to access this Site from other locations, You do so on Your own volition and are responsible . In any action to enforce this Agreement, the prevailing party will be entitled to reasonable costs and attorneys’ fees.for compliance with any applicable local laws.

Severability

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

No Agency

No joint venture, partnership, employment, or agency relationship exists between you and Us as a result of this Agreement or Your utilization of this Site.

Entire Agreement/Reservation of Rights

These Terms and Conditions and the provisions of the Privacy Policy, which are hereby incorporated as if set forth fully in these Terms and Conditions, represent the entire agreement between You and US with respect to Your use of and material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Us with respect to the Site. Any rights not expressly granted herein are reserved.

Use of Agreement in Judicial/Administrative Proceedings

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

General Terms

This Agreement shall be treated as though it were executed and performed in Oldsmar, Florida, and shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Questions about Our Terms of Use

If you have any questions about our Terms of Use, please contact us using the Contact us information found on our Website. By accessing or using the Site, You agree to be bound by all of the Terms of this Agreement as posted at the time of Your access or use. We reserve the right to contact Users of the Site regarding changes to the Terms and Conditions generally, or any other policies or agreements relevant to the Site’s Users. If You have any questions about this Policy, You may telephone, email, or write to:

KelbyOne, LLC, ATTN: Intellectual Property Agent333 Douglas Road EastOldsmar, FL – 34677 Tel. 813.749.4000 x152 copyright@kelbymediagroup.com