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Please read the following important terms and conditions ("Terms of Use") carefully. These Terms of Use and our Privacy Policy incorporated herein by reference, govern your access to and use of the Site, including any content, information products or services therein. This is a legal agreement between you and Silkroad Investments, LLC, the creator/owner of the "KrumpKrump.com" website.
Your Acceptance of These Terms and Conditions
By visiting the KrumpKrump.com website (collectively, including all Content available through the KrumpKrump.com domain name, the "KrumpKrump.com Website", or "Website") and/or using or accessing KrumpKrump.com's service (the "Service") in any manner, and whether at the KrumpKrump.com website or through a third party website or other interface, you certify that (a) you are at least 18 years of age or the age you are legally considered an adult in your country of citizenship, (b) if you are providing access to the Service to any person who is under 13 years of age, you are such person's parent or legal guardian and you consent to the use of the Service by such person only under your direct supervision and subject to any reasonable verification required by KrumpKrump.com, and (c) you expressly agree to be bound by these terms and conditions of service (these "Terms"). Your use of the Service is expressly conditioned upon the certifications listed above and your acceptance of these Terms. If the certifications above are not true, or if you do not agree to any part of these Terms, you may not use the Service. KrumpKrump.com reserves the right to update and revise these Terms from time to time without notice to or acceptance by you.
KrumpKrump.com Website Links
The KrumpKrump.com Website may contain/provide, or third parties may provide, links to other websites or resources. KrumpKrump.com has no control over such sites and resources and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Therefore, you acknowledge and agree that KrumpKrump.com is not responsible for the availability of such external websites 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 websites or resources. In addition, you acknowledge and agree that KrumpKrump.com shall have no responsibility or liability whatsoever 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 website or resource.
Content
You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such content originated. You are entirely responsible for the largest part of the content that is uploaded, posted, transmitted or otherwise made available via the Service by you or through your account, if any. You understand that Content may in some cases be viewed through third party websites or interfaces through which the Service is accessed and/or used and that KrumpKrump.com does not control such third party websites and interfaces. You represent and warrant that you own or have the necessary rights in and to any and all Content (including written consent for each individual person identifiable in such Content to use the name or likeness of each such person in the manner contemplated by the Service) uploaded, posted, transmitted or otherwise made available via the Service by you. KrumpKrump.com does not control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of any such Content. KrumpKrump.com will use commercially reasonable efforts to block or remove offensive or inappropriate Content discovered by or reported to KrumpKrump.com. However, KrumpKrump.com cannot and will not review all Content, and you understand that by using the Service, you may be exposed to Content that you find to be offensive. Under no circumstances will KrumpKrump.com be liable to you or to any third party in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any access to or use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that KrumpKrump.com is under no obligation to pre-screen or otherwise review any Content, but also that KrumpKrump.com and its designees shall have the right in their sole discretion for any reason and without notice to refuse, move or remove and discard any Content submitted, posted or otherwise available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and you shall not rely on the accuracy, completeness, usefulness or nature of such Content. You acknowledge and agree that KrumpKrump.com may preserve Content and may also disclose Content to others 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 these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of KrumpKrump.com, its users and the public. You understand that the technical processing and transmission of the Service, including Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
License to Content
KrumpKrump.com reserves the right to claim ownership of your Content posted, transmitted or otherwise made available by you via the Service. By submitting Content via the Service, and until such Content is removed, you grant KrumpKrump.com a world-wide, royalty-free, and exclusive license to modify, adapt and publish such Content for the purposes of providing the Service, for advertizing and commercial purposes.
License to the use of our Digital Streaming Content (Videos)
The "KrumpKrump.com" website provides the option of the redistribution of "our" digitally streaming videos, by third party authorities (websites), in most but not all of the cases. Wherever the term "our videos" is herein referenced, it refers to every and each video provided through the "KrumpKrump.com" website, regardless if this video is a production of "Silkroad Investments, LLC" (the legal owners and creators of the "KrumpKrump.com" website) or has been uploaded by a registered user of the "KrumpKrump.com" website (see Terms above).
The option of the redistribution of any of our videos is provided in each page a video is offered (namely "http://www.KrumpKrump.com/view_video.php"), by using the "embed" code provided in this video page, in the "Share" options, exactly under the video, IF such code is provided. The redistribution of any of our videos MUST additionally comply to the following Terms:
- The absence of an "embed" code on a video page (as described above), means that the redistribution of this video is prohibited, in any way and on any medium.
- Our videos can only be redistributed on an internet website, regardless of by whom this website may be owned and/or is affiliated with and only in compliance to the Terms Of Use of this website. "KrumpKrump.com" dissalows the use/reproduction/redistribution of any of our videos or parts of our videos in other media (electronic, printed, or any other kind), including but not limited to press, radio, TV or in any kind of other internet platform, that does not provide content through the HTTP internet protocol, including but not limited to video on demand (VOD) platforms (desktop programs, set top boxes), games, interactive user platforms. Simply put, you can only redistribute our videos in an internet website.
- You can only redistribute our videos on a website which is NOT intended for commercial use.
- You can reditribute our videos ONLY using the "embed" code provided in each video page, WITHOUT EDITING THE CODE IN ANY WAY. It is also prohibited to use any other, additional code (HTML or any scripting language), to interfere to the way the video is presented, for instance use DHTML layers to hide parts of the FlashTM Player, code to interfere in the way the FlashTM player is presented, etc. The videos redistributed by third party websites should remain inline "KrumpKrump.com"'s own FlashTM Player and be streamed only by "KrumpKrump.com"'s' own FlashTM Player, only in the way this Player is provided by the "embed" code.
- Thus, "KrumpKrump.com" disallows the streaming or use/redistribution/reproduction, with any method, of any of our videos (.flv files) or parts of our videos directly, using an external video FlashTM player or any kind of other players or software, whether this software is web-based software (including but not limited to FlashTM players or other media players) or a desktop application or a platform (including but not limited to set top boxes).
- "KrumpKrump.com" disallows the use/redistribution/reproduction of our videos or parts of our videos in any website, the content of which or part of the content of which has to do with porn, violence, drugs, hate, racism, guns, advertizing of tobacco products, hacking, phreaking, cracking, illegal software or violates third party rights or any kind of laws or legislation the website or the website owners may underlie.
- "KrumpKrump.com" disallows the use/redistribution/reproduction of only PARTS of any of our videos, in any kind of medium, by any kind of person or company or authority, in any way. Except from video content, this also includes screenshots (pictures) or sound streams from our videos. Our videos can only be redistributed in their whole, when and where redistribution is available, according to the Terms Of Use in this section.
- The "KrumpKrump.com" website is not responsible for any damage or any loss of data or information caused to any individual or authority, by the redistribution of any of our videos, since we cannot control the way our videos are redistributed, in case this has to do with abuse of these Terms Of Use.
- The "KrumpKrump.com" website is not responsible for the content of third-party websites which redistribute any of our videos, since we cannot control the content of such websites.
- The "KrumpKrump.com" website reserves the right to change the way our videos are redistributed in third-party websites, without any notice and without any obligation of informing these websites. The "KrumpKrump.com" website also reserves the right to discontinue this redistribution service completely or discontinue this service for specific websites only, for any reason "KrumpKrump.com" finds appropriate, without the obligation of informing these websites or their respective owners.
- The "KrumpKrump.com" website reserves the right to change these Terms Of Use, which have to do with the redistribution of our videos, without a notice. Third parties who redistribute our videos have the obligation to comply to these new Terms Of Use.
- The Terms Of Use mentioned in this section, having to do with the use/reproduction/redistribution of our videos, override any other Terms Of Use, having to do with the copyrighted content of the "KrumpKrump.com" website and may be present in this web page/Legal Agreement.
- The Terms Of Use mentioned in this section, having to do with the use/reproduction/redistribution of our videos, have the validity of a Legal Agreement between the "KrumpKrump.com" website and any third parties which redistribute our videos, in accordance to and compliance with the USA laws for copyrighted material.
- "Silkroad Investments, LLC" reserves the legal right to proceed to legal measures or press lawsuites against any individual, company or any kind of authority who violates the Terms Of Use mentioned in this section, in accordance to and compliance with the USA laws for copyrighted material.
- The Terms Of Use mentioned above do not apply and are not considered valid in the case of private arrangements/contracts/deals between the "KrumpKrump.com" website and any third party authority/company or individual, having to do with the redistribution of our videos and as long as these arrangements/contracts/deals include an explicit written and signed permission of the legal owner of "Silkroad Investments, LLC", in the form of any kind of legal document.
Intellectual Property Rights
You acknowledge and agree that the Service and any software accessed through or provided in connection with the Service contains proprietary and confidential information of KrumpKrump.com, its licensors and others that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you in connection with or through the Service is protected by laws and regulations relating to copyrights, trademarks, service marks, patents or other proprietary rights. Except as expressly authorized by KrumpKrump.com or its licensors or advertisers, as applicable, you agree not to modify, copy, rent, lease, loan, sell, resell, distribute, create derivative works from, or exploit the Service or such software, in whole or in part. Any Content or other information, materials or ideas transmitted by you to KrumpKrump.com may be disseminated or used by KrumpKrump.com or its affiliates for any purpose without compensation or liability, including without limitation in developing, manufacturing, marketing and selling products and services, subject to Content and certain other information provided by you that is covered by KrumpKrump.com's privacy policy. Further if you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the KrumpKrump.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the KrumpKrump.com Website or the Content therein
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
Silkroad Investments, LLC
C/o Copyright
PO Box 5010
Raleigh, NC 27650 and
By email: info(at)silkroadinvestments[dot]com
User Submissions
A. The KrumpKrump.com Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, KrumpKrump.com does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize KrumpKrump.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to KrumpKrump.com, you hereby grant KrumpKrump.com a worldwide, exclusive, royalty-free, sublicenseable and transferable license to use, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the KrumpKrump.com Website and KrumpKrump.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the KrumpKrump.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the KrumpKrump.com Website a non-exclusive license to access your User Submissions through the Website, and to use, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the KrumpKrump.com Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant KrumpKrump.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage KrumpKrump.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. KrumpKrump.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and KrumpKrump.com expressly disclaims any and all liability in connection with User Submissions. KrumpKrump.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and KrumpKrump.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. KrumpKrump.com reserves the right to remove Content and User Submissions without prior notice. KrumpKrump.com will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. KrumpKrump.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. KrumpKrump.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification to us to the e-mail address support[at]KrumpKrump[dot]com
E. You understand that when using the KrumpKrump.com Website, you will be exposed to User Submissions from a variety of sources, and that KrumpKrump.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KrumpKrump.com with respect thereto, and agree to indemnify and hold KrumpKrump.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. KrumpKrump.com permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, KrumpKrump.com provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the KrumpKrump.com website on the pages containing the Embeddable Player. KrumpKrump.com reserves the right to discontinue any aspect of the KrumpKrump.com Website at any time.
Impression and Click Fraud
You shall not, and shall not authorize any party to generate automated, fraudulent or otherwise invalid impressions or clicks. If, in KrumpKrump.com's reasonable business judgment, activity related to your Account is suspected or determined to be so-called "click-fraud" or "impression fraud" (the illicit manipulation of advertising revenue), whether in any automated or human way, by the use of a person, an automated script or a computer program (for example, online robots or "bots") to click on a Site advertisements, or any other fraudulent means, to increase impressions, skew results or imitate a legitimate user of a web browser clicking on an ad for the purpose of generating an improper click value and generating revenue, KrumpKrump.com may suspend or otherwise disable your Account until such time as the matter is resolved to KrumpKrump.com's satisfaction. You acknowledge that KrumpKrump.com, or a third-party designated by KrumpKrump.com, may use cookies to monitor visitor information in order to track suspicious clicks through source and behavior of the click traffic in accordance with the Privacy Policy. KrumpKrump.com retains the right not to credit your Account for those clicks that it reasonably determines or suspects are fraudulent.
Indemnification
You agree to defend, indemnify and hold harmless KrumpKrump.com, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content uploaded, posted, transmitted or otherwise made available by you via the Service caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
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. KrumpKrump.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) KrumpKrump.com WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, KrumpKrump.com IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION OR ANY KIND OF DIGITAL CONTENT (VIDEOS, SOUNDS, PHOTOS, E.T.C.), RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. KrumpKrump.com DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC 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 ANY SOFTWARE USED, IN CONNECTION WITH THE SERVICE, WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KrumpKrump.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, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KrumpKrump.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (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. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age or at the age you are legally considered an adult in your country of citizenship, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the KrumpKrump.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the KrumpKrump.com Website - there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KrumpKrump.com without restriction.
Information and Press Releases. The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Miscellaneous. This Agreement shall be treated as though it were executed and performed in Raleigh, North Carolina, and shall be governed by and construed in accordance with the laws of the State of North Carolina (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Raleigh, North Carolina. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. 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 anything in or associated with the Site 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.
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