TERMS OF SERVICE


In General


Kevin Yagher Productions Inc. (“KYPI”) owns and operates this Website. This document governs your relationship with kevinyagher.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.


Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or to this entire Website.


This Website may contain links to other websites (the "Linked Sites"), which are not operated by KYPI. KYPI has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.


Privacy


Please review our Privacy Policy that also governs your visit and use of our Website. It explains how we will use your information. By using this Website, you consent to the processing described therein.


Electronic Communications


When you visit this Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

When visiting this Website and when contacting us either by phone or by email, you warrant that such communication will not contain content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to KYPI or to their parties or objectionable and does not consist of, contain or transmit software viruses (including trojans, worms, logic bombs or any other material which is malicious), political campaigning, commercial solicitation, chain letter, mass mailings, or any form of promotional material, commonly referred to as “spam”. You also agree that you will not hack into any aspect of this Website, corrupt data, or affect the performance or functionality of any computer facilities of or accessed through this Website. You may not use a false email address, impersonate any person or entity, or otherwise mislead in any manner. Breaching this provision will constitute a criminal offense and KYPI will report any such breach to the relevant law enforcement authorities and disclose your identity to them.


We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.


Copyright of Intellectual Property and Content


The intellectual property rights in all content (including text, graphics, logos, audio clips, digital downloads, software, photographic images and videos) made available to you on or through this Website remains the property of KYPI, its licensors, its content suppliers and other such entities and are protected by copyright laws and treaties around the world. KYPI, its licensors, its content suppliers and other such entities reserve all such rights. Except where expressly stated to the contrary all persons (including their names and images), third party content, services and/or locations featured on this Website are in no way associated, linked or affiliated with KYPI, and you should not rely on the existence of such a connection or affiliation. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business, commercial or personal enterprise.


Trademarks


The trademarks/names of KYPI may not be used in connection with any product or service that is not owned by KYPI, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KYPI. All other trademarks/names not owned by KYPI that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KYPI. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to KYPI.


Disclaimer of Warranties and Limitation of Liability


This site is provided by KYPI on as “as is” and “as available” basis. You expressly agree that your use of this site is at you sole risk. The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. KYPI does not warrant that this site, its servers, or email sent from KYPI or its associates are free of viruses or other harmful components. KYPI makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included in this site and, to the fullest extent permitted by law, KYPI and its suppliers, content providers, advertisers and any other party involved in creating, producing, or delivering the Website hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.


License and Site Access


KYPI grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KYPI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KYPI and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing KYPI’s name or trademarks without the express written consent of KYPI. Any unauthorized use terminates the permission or license granted by KYPI. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of KYPI so long as the link does not portray KYPI, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Furthermore, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. You may not use any KYPI logo or other proprietary graphic or trademark as part of the link without express written permission.


Indemnity


You agree to indemnify, defend and hold harmless KYPI, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.


Variation


KYPI shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.


Invalidity


Each sentence and paragraph of these terms operates separately and if any court or relevant authority decides that any of them are unenforceable, the remaining paragraphs will remain in full force and effect. For clarity, if any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.


Waiver


If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.


Applicable Law


By visiting this Website, you agree that the laws of the state of California, U.S.A., without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and KYPI or its associates. The terms and conditions herein described shall be enforced in accordance with, and governed by the laws of the State of California.


Entire Agreement


The above Terms of Service, along with the Privacy Policy and the Terms of Sale (if applicable) as found on this Website, constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and KYPI. Any waiver of any provision of the Terms of Service and the Privacy Policy will be effective only if in writing and signed by a Director of KYPI.