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LIABILITY DISCLAIMER AND USER AGREEMENT
Last updated: November 18, 2008
> ALTHOUGH KEY PICTURES, LLC INTENDS TO TAKE REASONABLE STEPS
TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THIS SITE, KEY PICTURES, LLC DOES NOT
WARRANT THAT THIS SITE OR ANY MATERIAL ACCESSIBLE THROUGH THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER
HARMFUL SOFTWARE COMPONENTS. ALL MATERIAL AND INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. KEY PICTURES, LLC HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO AND, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT (INCLUDING NEGLIGENCE) SHALL KEY PICTURES, LLC, ITS OFFICERS, DIRECTORS,
MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES
OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE INABILITY TO USE THIS WEB SITE, OR FOR
ANY OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED
ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF KEY PICTURES, LLC 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 TO YOU.
> KEYPICTURES (TM), KEYPICTURES.COM (TM), KEYPICTURES.NET (TM),
KEY PICTURES (TM), THE KEY PICTURES LOGOS AND MASCOTS ARE TRADEMARKS OF KEY PICTURES, LLC. OTHER TRADEMARKS
AND SERVICE MARKS ON THE KEY PICTURES, LLC SITE(S) MAY BE THE PROPERTY OF THE ADVERTISERS, CONTENT PARTNERS
AND/OR PROVIDERS, OR OTHER THIRD PARTIES. THE KEY PICTURES TRADEMARKS MAY NOT BE USED WITHOUT KEY PICTURES’
PRIOR WRITTEN PERMISSION, AND ANY THIRD-PARTY MARKS MAY NOT BE USED WITHOUT THE THIRD PARTY'S PRIOR WRITTEN
PERMISSION. THE USER DOES NOT ACQUIRE OWNERSHIP RIGHTS TO ANY CONTENT, DOCUMENT, IMAGE OR OTHER MATERIALS
VIEWED THROUGH THIS SITE. THE POSTING OF INFORMATION OR MATERIALS ON THE SITE DOES NOT CONSTITUTE A WAIVER OF
ANY RIGHT IN SUCH INFORMATION AND MATERIALS. FURTHER, THE COPY, USE, REDISTRIBUTION OR PUBLICATION OF ANY OF
IMAGES STRICTLY PROHIBITED. THE USER DOES NOT ACQUIRE COPY RIGHTS TO ANY PRODUCTS PURCHASED FROM THIS SITE.
VIEWING, PRINTING OR DOWNLOADING OF CONTENT, GRAPHIC, FORM OR DOCUMENT FROM THE SITE GRANTS YOU ONLY
A LIMITED, NONEXCLUSIVE LICENSE FOR USE SOLELY BY YOU FOR YOUR OWN PERSONAL USE AND NOT FOR REPUBLICATION,
DISTRIBUTION, ASSIGNMENT, SUBLICENSE, SALE, PREPARATION OF DERIVATIVE WORKS OR OTHER USE. NO PART OF ANY
CONTENT, FORM OR DOCUMENT MAY BE REPRODUCED IN ANY FORM OR INCORPORATED INTO ANY INFORMATION RETRIEVAL
SYSTEM, ELECTRONIC OR MECHANICAL. PHOTOGRAPHS ARE COPYRIGHTED BY THE RESPECTIVE PHOTOGRAPHERS OR THE
ESTATES AND CANNOT BE DOWLOADED OR PRINTED WITHOUT THEIR PERMISSION.
> THIS AGREEMENT SHALL BE DEEMED TO INCLUDE ALL
OTHER NOTICES, POLICIES, DISCLAIMERS, AND OTHER TERMS CONTAINED IN THIS WEB SITE; PROVIDED, HOWEVER, THAT
IN THE EVENT OF A CONFLICT BETWEEN SUCH OTHER TERMS AND THE TERMS OF THIS AGREEMENT, THE TERMS OF THIS
AGREEMENT SHALL CONTROL. THIS AGREEMENT SHALL BE DEEMED TO HAVE BEEN MADE IN THE STATE OF NEW YORK, U.S.A.
AND SHALL BE INTERPRETED, AND THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO DETERMINED IN ACCORDANCE WITH
THE LAW OF THE STATE OF NEW YORK, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. THE PARTIES CONSENT
TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS FOR THE COUNTY OF NEW YORK, NEW YORK, U.S.A.
FOR THE DETERMINATION OF ANY CLAIM OR CONTROVERSY BETWEEN THE PARTIES AND ARISING OUT OF OR RELATING TO
THIS AGREEMENT. BOTH PARTIES HEREBY CONSENT TO THE JURISDICTION OF THE NEW YORK COURTS AND WAIVE ANY
OBJECTIONS AS TO PERSONAL JURISDICTION OR AS TO THE LAYING OF VENUE IN SUCH COURTS DUE TO INCONVENIENT FORUM
OR ANY OTHER BASIS. USER ACKNOWLEDGES THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY
RELATIONSHIP EXISTS BETWEEN THE USER AND KEY PICTURES, LLC AS A RESULT OF THIS AGREEMENT OR USE OF THIS
WEB SITE. USER AGREES NOT TO HOLD HIMSELF OR HERSELF OUT AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF
KEY PICTURES, LLC AND KEY PICTURES, LLC SHALL NOT BE LIABLE FOR ANY REPRESENTATION, ACT OR OMISSION OF
THE USER. AS A CONDITION OF USE OF THIS WEB SITE, THE USER AGREES TO INDEMNIFY KEY PICTURES, LLC FROM AND
AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING ATTORNEYS' FEES) AND DAMAGES ARISING OUT OF CLAIMS
RESULTING FROM USER'S USE OF THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY CLAIMS ALLEGING FACTS THAT IF
TRUE WOULD CONSTITUTE A BREACH BY USER OF THESE TERMS AND CONDITIONS. KEY PICTURES, LLC PERFORMANCE OF
THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN
DEROGATION OF KEY PICTURES, LLC’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING
TO THE USER'S USE OF THIS WEB SITE OR INFORMATION PROVIDED TO OR GATHERED BY KEY PICTURES, LLC WITH RESPECT TO
SUCH USE. IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE PURSUANT TO APPLICABLE
LAW INCLUDING, BUT NOT LIMITED TO, THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH ABOVE, THEN
THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE PROVISION THAT
MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE
IN EFFECT. A PRINTED VERSION OF THIS AGREEMENT AND OF ANY NOTICE GIVEN IN ELECTRONIC FORM WILL 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. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED. YOUR RIGHT TO USE THE SITE IS NOT
TRANSFERABLE. ANY PASSWORD OR RIGHT GIVEN TO YOU TO OBTAIN INFORMATION OR DOCUMENTS IS NOT TRANSFERABLE.
> YOU WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE
AND POSSESS THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO USE THIS WEB SITE IN ACCORDANCE WITH
ALL TERMS AND CONDITIONS HEREIN.
> Key Pictures, LLC reserves the right to change this Agreement at any time
without notice. The User is responsible for reviewing these terms and conditions regularly. Continued use of this Web site
following any such changes shall constitute the User's acceptance of such changes.
Contact Information
Key Pictures, LLC
37 Wall St. Suite 8Q
New York, NY 10005
Admin@KeyPictures.com
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