1. Modifications:
AKA Management may, in its sole discretion, amend this Agreement, at any
time, by posting an amended Agreement on the Site. Such amended Agreement
will become effective upon the posting of such Agreement on the Site. Continued
use of the Site after such effective date constitutes acceptance of the
amended Agreement. AKA Management reserves the right, for any reason and
at any time, in its sole discretion, to modify, suspend, or terminate any
portion of the Site without notice.
2. Registration:
As used in this Agreement, the term "you" refers to both the
individual user and the business that the user represents. In requesting
a registration, or in any other communication with KOCHEntertainment.com,
you may not impersonate or misrepresent an affiliation with any other
person or entity, nor may you attempt to communicate with LProck.com in
an anonymous manner. Upon your completion of a registration application
and acceptance of this Agreement, your registration application will be
reviewed by AKA Management. AKA Management may, in its sole discretion,
reject your application for any reason and/or terminate your access to
the Site at any time for any reason.
3. Grant of License:
Subject to the terms and conditions of this Agreement and any other rules
or procedures established by AKA Management from time to time. Except
as expressly set forth herein, you may not modify, copy, distribute, transmit,
reproduce, publish, license, transfer, sell, mirror, frame, or otherwise
use any information or content obtained from or through the Site. You
represent and warrant to AKA Management that you will not use this Site
for any purpose that is unlawful or prohibited by this Agreement. You
are responsible for providing, at your expense, all communications lines,
hardware, software, services and other materials and technology necessary
for you to access the Site. AKA Management shall have no responsibility
for any failure of such items or any failure or limitation of the Internet
or other computer hardware or software.
4. Information Exchange:
You represent and warrant that you will not upload or transmit to or distribute
or otherwise exchange on or through the Site any material or information
that: (i) infringes or misappropriates any patent, copyright, trademark,
trade secret or other proprietary right, (ii) violates any law, statute,
ordinance, or regulation when posted on the Site or provided to Koch,
(iii) is threatening, defamatory, libelous, harassing or profane, (iv)
contains a virus, Trojan horse, worm, time bomb or other component that
may adversely affect any hardware or software, or that intercepts or expropriates
any data or information, or (v) includes bulk Emails, advertisements or
solicitations.
5. Warranty Disclaimer:
AKA Management MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE,
OR THE SUITABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, PRODUCTS,
AND SERVICES DESCRIBED OR CONTAINED ON THE SITE. THE SITE AND ALL SUCH
INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
6. Limitation of Liability:
In no event shall koch entertainment be liable for any indirect, punitive,
incidental, special, or consequential damages arising out of or in any
way connected with the use of this site or with the delay or inability
to use this site, or any information, products, and services available
on or through this site, including without limitation, loss of revenue
or anticipated profits or lost business or lost sales, whether based in
contract, tort (including negligence), strict liability, or otherwise,
even if koch entertainment has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion or limitation
of liability for consequential or incidental damages, the above limitation
may not apply. The total liability of aka management related to or arising
from use of this site, whether based in contract, tort (including negligence),
strict liability, or otherwise, shall not exceed, in the aggregate, one
hundred dollars, even if koch entertainment has been advised of the possibility
of such damage. These limitations shall apply notwithstanding any failure
of essential purpose of any limited remedy.
7. Indemnity:
You hereby agree to defend and indemnify AKA Management and its respective
affiliates, and all of their officers, directors, shareholders, legal
representatives, employees, successors, assigns, and agents and hold them
harmless from and against any and all claims, proceedings, damages, injuries,
liabilities, losses, costs, and expenses (including reasonable attorneys'
fees and litigation expenses), relating to or arising from (i) your use
of this Site, (ii) your breach of this Agreement, (iii) your dispute with
another user of the Site, or (iv) any Asset posted on, or sold through,
the Site. You shall not settle or otherwise dispose of any matter that
is subject to indemnification by you without the prior written consent
of AKA Management. AKA Management reserves the right to assume the exclusive
defense and control of any matter subject to indemnification by you.
8. Events Beyond The Control of AKA Management:
AKA Management will not be liable for any loss resulting from a cause
over which it does not have direct control, including, but not limited
to, failure of electronic or mechanical equipment or communication lines,
telephone or other interconnect problems, computer viruses, unauthorized
access, theft, operator errors, severe weather, earthquakes, or natural
disasters, strikes or other labor problems, wars, or governmental restrictions.
9. Governing Law:
This Agreement is governed by the laws of the State of New York, U.S.A.
without regard to any provision that would make the laws of another jurisdiction
applicable. You consent to the exclusive jurisdiction and venue of the
federal and state courts sitting in New York, New York U.S.A. with respect
to any disputes to which AKA Management is a party which may arise in
relation to the Site or the information and products available on or through
the Site
10. Termination:
AKA Management may discontinue, modify or change any presently available
service or content on the Site in whole or in part, at anytime for any
reason, without prior notice. Either you or AKA Management may limit or
terminate your use of the Site with or without cause at any time and effective
immediately. AKA Management shall not be liable to you or any third party
for termination of your, or any third party's, use of the Site. You acknowledge
and agree that any termination or limit on your use of the Site may be
effected without prior notice, and you acknowledge and agree that AKA
Management may immediately remove, delete or discard any information or
content that you have posted.
11. Reservation of Rights:
Except as expressly set forth in this Agreement, AKA Management grants
no rights whatsoever to you or any user of the Site in the patent(s),
copyright(s), trademarks, trade names, service marks, trade secrets or
other intellectual property rights of AKA Management, including, without
limitation, any rights in KOCHEntertainment.com, whether created prior
to, during or after the performance of this Agreement. Users can send
e-mail to us at bussinessaffairs@lprock.com with any further questions
12. Ownership:
Under no circumstances should the images, logos, or copyrights from AKA
Management licensed products from the World Wrestling Federation, Nintendo,
4Kids Productions or Pokemon be used without the express permission of
AKA Management or any member of the Koch sales and marketing staff. All
requests for usage must be made in advance. All images to be used in any
form of print advertising, TV advertising or in any form of media must
be proofed for accuracy in advance by AKA Management. All images, logos,
and copyrights are the sole property of the licensees. Infringement of
the stated policy may result in legal action. The materials on the Site
are the property of AKA Management or its licensors, and are protected
by U.S. copyright laws, international conventions and other copyright
laws. Except as explicitly provided in this agreement, you may not distribute,
transmit, display, reproduce, modify, create derivative works from, or
otherwise exploit any of the materials on the Site. The names of other
products and services referred to on the Site may be the trademarks or
service marks of their respective owners. You may not use any trademark
or service mark appearing on the Site without the prior written consent
of the owner of the mark. Copyright 2001 AKA Management. All Rights Reserved.
Copyright. 2000/2001 World Wrestling Federation Entertainment, Inc. All
Rights Reserved. Copyright. 2000/2001 Nintendo. All Rights Reserved.1.
Modifications: AKA Management may, in its sole discretion, amend this
Agreement, at any time, by posting an amended Agreement on the Site. Such
amended Agreement will become effective upon the posting of such Agreement
on the Site. Continued use of the Site after such effective date constitutes
acceptance of the amended Agreement. AKA Management reserves the right,
for any reason and at any time, in its sole discretion, to modify, suspend,
or terminate any portion of the Site without notice.
13. Children's Privacy:
In accordance with the Children's Online Privacy Protection Act (commonly
referred to as COPPA), under no circumstances do we require children under
the age of 13 to provide us with any personal information. Children under
the age of 13 should not submit or post any personal information without
the written consent of their parents or legal guardians. If you are a
child under the age of 13 and want to submit your personal information
to us, you should ask your parents or guardians to send an e-mail to bussinessaffairs@lprock.com
specifically allowing us to collect your personal information through
this web site. By doing so, you allow us to alert your parent or guardian
about our site's privacy policy. We do not intend to sell, license or
trade any such information collected to third parties. Parents may review
or change the personal information of their children provided to us or
further refuse our collection of such information by sending an e-mail
to bussinessaffairs@lprock.com.
14. Links:
Our site contains links to other sites that are not maintained by AKA
Management. We cannot guarantee the security of your personal information
on those sites. Please review their privacy policy statement before submitting
any personal information to such sites.
