Overview

khrismiddleton.net (collectively, “khrismiddleton.net”, “we”, “us” or “our”) maintains its web sites (the “Sites”) for your personal information, entertainment, and enjoyment. At the same time, please remember that your access to the Sites is subject to the following Terms of Use (the “Terms of Use”) as well as all applicable laws. By accessing and using the Sites, you accept and agree to these Terms of Use without limitation or qualification. If you do not agree with these Terms of Use, please do not use the Sites. Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use on the Sites. Please note that your use of certain features of our Sites may be subject to additional Terms of Use. By using these features, you also agree to be bound by such additional Terms of Use.

Proprietary Rights

All materials on the Sites, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software and other elements making up the Sites (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us. You acknowledge and agree that all Content on the Sites is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on the Sites, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission. We cannot guarantee that we can accommodate your request, and our granting of your request may be conditioned on payment of a fee. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Sites or any part of the Content for any purpose other than its intended purposes is strictly prohibited.

Registration for Certain Features

If you elect to create an account in order to access and use certain features offered through the Sites, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration, and (b) maintain and promptly update your account information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that your account information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and the Sites by e-mail, text messaging or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Sites. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify khrismiddleton.net immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by khrismiddleton.net or any other user of or visitor to the Sites due to someone else using your user name, password or account. If any upgrade in or to the Sites or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Sites, including the release of new products and services, shall be subject to the Terms of Use of this Agreement.

Linked Sites

The Sites may contain links to other web sites that are not controlled or maintained by us. You agree that we will not be responsible for the content, advertising, privacy policies, products, services, or other materials on or available from such linked web sites. Use of these web sites is at your own risk. We encourage you to note when you leave the Sites and to read the terms of use of such other web sites.

Submissions / Code of Conduct

Any notes, postings, ideas, suggestions, concepts, stories, photos or other material submitted through the Sites via e-mail, on the message boards, on the blog, in the chat rooms, or via any other means that we may create or provide in the future will become the sole and exclusive property of khrismiddleton.net throughout the world and we shall be entitled (without compensation to you or any third party) to use such material in perpetuity in any form and manner in any media, whether now known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us (including, without limitation, any postings on our message boards, blogs or in our chat rooms): (i) your submission is original with you and accurate, (ii) your submission does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and (iii) your submission is not pornographic, obscene, indecent, profane, threatening, harassing, hateful, intimidating, abusive, defamatory, tortuous, fraudulent, or otherwise objectionable in any way, and does not encourage conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including any right of publicity, right of privacy or any other proprietary right of another. If it is determined that you have, at any time, violated any of the foregoing provisions, you may thereafter be barred from submitting or posting any further material on the Sites or from using or accessing our message boards, blogs or chat rooms. You further agree not to (i) use the Sites, the Content, or any products or services included on or available through the Sites for any unlawful purpose, (ii) restrict or inhibit any other user from using and enjoying the Sites, including by means of disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of the Sites are able to type, hacking or defacing any portion of the Sites, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (v) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content on the Sites. We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on the Sites, in our sole discretion.

Privacy

We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of the Sites is subject to our Privacy Policy.

Disclaimer of Warranties

THE SITES AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE SITES AND ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITES IS AT YOUR SOLE RISK. WE AND OUR SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY: (I) THAT USE OF THE SITES OR ANY CONTENT OR SERVICES ON OR FROM THE SITES (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON THE SITES WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH THE SITES, CONTENT AND SERVICES ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE, OR OUR SUBSIDIARIES, PARTNERS, VENDORS, AGENTS, AFFILIATES, LICENSORS, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THE SITES, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITES. Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you in its entirety.

Indemnification / Release

You agree to defend, indemnify and hold us, and our subsidiaries, partners, agents, affiliates, licensors, sponsors and advertisers and their respective officers, directors, shareholders, agents and representatives (”Released Parties”) harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of any warranties, representations and agreements set forth in these Terms of Use, including, without limitation, your unauthorized use of any Content. By using the Sites, or making any submissions to khrismiddleton.net, whether or not through the Sites, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through the Sites or to any disputes regarding use of ideas and/or related materials submitted to khrismiddleton.net.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of the courts located within Los Angeles, California. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms of Use constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use the Sites (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.