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Terms of service

Last modified July 18, 2022

TERMS AND CONDITIONS OF USE OF THIS WEBSITE

This website, KlamathLiving.com (the "Klamath Living Site"), is operated by Klamath Living of Klamath Falls, Oregon ("Klamath Living"). Klamath Living is a user-generated digital media content agency that provides a digital media exchange, digital media hosting platform, and Social Media Marketing Service. Klamath Living provides access to user-generated digital media and other content ("Content") via the Klamath Living Site, via the Klamath Living Social Media Marketing Service application (the "Klamath Living Website") and otherwise, including through syndication (collectively, the "Klamath Living Service"), under certain terms and conditions as set forth below.

ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE

By using the Klamath Living Service, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). Klamath Living reserves the right, in its discretion, to update or revise the Terms of Use. Please check the Terms of Use periodically for changes. Your use of the Klamath Living Service subsequent to the posting of any change(s) to the Terms of Use will be deemed your acceptance of such change(s).

RESTRICTION ON USE OF THE CREATOR'S COMMENTS, LIVE CHAT & FORUM

Klamath Living may from time to time offer an online forum, live chat, and comments for "Creator Discussions" (the "Forum") where users of the Klamath Living Service and creators of Content may discuss matters pertaining to the Content and/or the Klamath Living Service. Your participation in Comments or the Forum is entirely voluntary. As participation may occur in real-time and therefore you or others may post something to comments or the Forum that has not been edited, censored or otherwise controlled by Klamath Living. Notwithstanding the foregoing, Klamath Living reserves the right to monitor messages on Comments and the Forum and to remove messages that Klamath Living in its sole discretion determines to be undesirable, inciting violence, harmful, offensive or otherwise in violation of these Terms of Use. Klamath Living is not responsible nor liable for any failure or delay in removing such messages, or for the removal of any messages, it deems inappropriate for any reason at its sole discretion.

The following additional rules apply to the Forum:

  1. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person or entity. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.

  2. You may not post or transmit any message that would violate the rights of others, including but not limited to the unauthorized use, publication or disclosure of copyrighted materials, trade secrets or other confidential or proprietary information.

  3. You may not post anything that uses trademarks or service marks in an infringing fashion.

  4. You may not interfere with another user’s use or the functionality of the Forum.

  5. You may not post or transmit any message which is abusive, inciting violence, harassing, harmful, hateful, anti-semitic, racist or threatening.

  6. You may not post or transmit any messages pertaining to charity requests, petitions for signatures, requesting donations, relating to pyramid schemes, or pertaining to the manipulation of the Klamath Living Service.

  7. You may not post or transmit any advertising or any other solicitation of other users of the Forum for goods or services other than the Klamath Living Service.

  8. You may not use the Forum to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.

You also agree that you will not harvest or collect information about users of the Forum or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. Without limiting the generality of the foregoing, you further agree that you will not knowingly solicit or collect personal information from a child 18 years old or younger.

LINKS AND THIRD-PARTY SITES

The Klamath Living Service may provide third-party search facilities, such as Google searches, and thereby produce third-party advertisements and/or third-party search results., The Klamath Living Services and/or Content may otherwise link to third-party sites on the Internet that are not operated or controlled by Klamath Living ("Third-Party Site(s)"). Klamath Living is not responsible for the content of Third-Party Sites. Products and services on Third-Party Sites are the sole responsibility of each individual vendor or operator of such Third-Party Site. The inclusion and/or availability of such links to Third-Party Sites does not imply endorsement of such Third-Party Sites or any content, information, material, products, or services provided on such Third-Party Sites, nor does it imply any association with the operators of such Third-Party Sites. Third-Party Sites may contain information or material that some people may find inappropriate or offensive. You will need to make your own independent judgment regarding your interaction with Third-Party Sites. Klamath Living makes no representations or warranties whatsoever concerning;

  1. the information, software, or other material appearing on, or accessible through, any Third-Party Site (including without limitation, any advertisement for products or services on any Third-Party Site);

  2. the performance or operation of any Third-Party Site (including, without limitation, any transactions initiated or conducted through any Third-Party Site, any taxes associated therewith, and any use by third-parties of user credit card information);

  3. any products or services advertised or sold on or through any Third-Party Site (including, without limitation, the quality, safety, and legality of such products or services or the sale thereof);

  4. the sellers of any products or services advertised or sold on or through any Third-Party Site; or

  5. the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third-Party Sites.

If you decide to access any of the Third-Party Sites, you do so entirely at your own risk. If you are accessing a Third-Party Site through a link via the Klamath Living Service, you are advised to read any terms of use and privacy policy of such Third-Party Site before you use such Third-Party Site.

You understand, acknowledge, and agree that where the Klamath Living Website is licensed for use by a third party, such third-party may be using the Klamath Living Website for certain purposes or to display certain content, that is not content owned, controlled, distributed, authorized or endorsed by Klamath Living.

PROPRIETARY RIGHTS AND RESTRICTIONS

You acknowledge and agree that all Content and materials available on the Klamath Living Site and/or available through the Klamath Living Service are protected by one or more intellectual property rights: copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights, and that t their use is restricted by the terms of this Agreement and applicable statutory and common laws.

Klamath Living, KlamathLiving.com, the Klamath Living Website, and Klamath Living product and service names are trademarks and/or service marks of Klamath Living of Klamath Falls, Oregon (the "Klamath Living Marks") and are owned exclusively by Klamath Living. You will not display or use the Klamath Living Marks, in any manner that would constitute an infringement of Klamath Living’s rights, without Klamath Living's prior permission.

Except as expressly authorized by Klamath Living, you agree not to sell, resell, exploit for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of any Content, including but not limited to digital media, images, sounds, and text appearing on or via the Klamath Living Service. Systematic retrieval of data or Content from the Klamath Living Service to create or compile, directly or indirectly, a collection, compilation, library, database or directory without prior written permission from Klamath Living is prohibited. The use of Content or materials appearing on or via the Klamath Living Service for any purpose not expressly permitted in these Terms of Use is prohibited.

GENERAL Klamath Living Website LICENSE TERMS

Use of the Klamath Living Website is subject to any applicable license agreements for use of the Klamath Living Website.

Subject to any applicable license agreements which replace and/or supersede these general license terms with respect to the use of the Klamath Living Website, the following terms and conditions apply to use of the Klamath Living Website.

GRANT OF LICENSE

Klamath Living hereby grants you a non-exclusive license to use the Klamath Living Website subject to the following terms:

You may:

  1. use the Klamath Living Website on any single computer;

  2. use the Klamath Living Website on a second computer so long as the first and second computers are not used simultaneously; and

  3. copy the Klamath Living Website for backup and archival purposes provided any copy must contain all of the original Klamath Living Website's proprietary notices.

You may not:

  1. permit other individuals to use the Klamath Living Website on your computer(s) except under the terms listed above;

  2. modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Klamath Living Website or Klamath Living Website documentation ("Documentation");

  3. copy the Klamath Living Website or Documentation (except for backup purposes);

  4. resell, rent, lease, transfer, or otherwise transfer rights to the Klamath Living Website or Documentation; or

  5. remove any proprietary notices or labels on the Klamath Living Website or Documentation.

This license does not grant you any right to any enhancement or update, and any right to grant sub-licenses, to the Klamath Living Website.

Title, ownership rights, and intellectual property rights in and to the Klamath Living Website and Documentation shall remain with Klamath Living. The Klamath Living Website is protected by the copyright laws of Canada, the United States, and internationally by copyright treaty. Title, ownership rights and intellectual property rights in and to the Content accessed through the Klamath Living Website including any Content contained in the Klamath Living Website media demonstration files is the property of the applicable content owner and is protected by applicable copyright or other law. This license gives you no rights to publish, disseminate, or otherwise use such Content.

DISCLAIMER OF WARRANTY

THE Klamath Living Website AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Klamath Living FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE Klamath Living Website AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Klamath Living OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF Klamath Living HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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.

Klamath Living CONTENT POLICIES

Klamath Living enables creators of Content to submit Content to the Klamath Living Service in accordance with the Agency Options set forth below. Under no circumstances shall the following be submitted to the Klamath Living Service:

  1. Content or material which was created by a person other than you, or subject to copyright by a person other than you, without that person’s express written authorization;

  2. Content which you have distributed to any person by any means other than via the Klamath Living Service;

  3. Content or material which includes, in whole or in part, audio, digital media, text, or images that are subject to copyright by another person unless such inclusion is subject to applicable laws concerning fair use or is otherwise expressly authorized by the copyright holder;

  4. Content or material that is subject to any third-party contractual provisions or limitations, including but not limited to license restrictions;

  5. Content or material which displays the trademarks of another person without that person’s authorization, subject to applicable laws concerning fair use;

  6. Content or material that is pornographic, obscene, or of an adult or sexual nature;

  7. Content or material that is grossly offensive to the online community, including but not limited to, racism, antisemitism and hatred;

  8. Content or material that;

    1. Promotes supports, or incites violence or unlawful acts;

    2. Promotes supports or incites individuals and/or groups that engage in violence or unlawful acts, including but not limited to Antifa groups and persons affiliated with Antifa, the KKK, and white supremacist groups and or persons affiliated with these groups; and/or

    3. Promotes or supports entities and/or persons designated by either the Canadian or United States government as terrorists or terrorist organizations.

  9. Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about any person at any age, including but not limited to personally identifying information about children under the age of 18;

  10. Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:

    1. Disseminating personal information about another individual for malevolent purposes, including libel, slander, "doxxing", defamation, or violation of an individual’s right to privacy.

  11. Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy, publicity rights, and harm to reputation;

  12. Any Content or material that contains links to another website where any of the above-described prohibited Content or material is accessible.

  13. Any other Content or material that Klamath Living in its sole, unfettered, and arbitrary discretion, determines is undesirable on the Klamath Living Service.

Klamath Living has the sole discretion to decide whether Content or material is permitted on the Klamath Living Service and any materials submitted to the Klamath Living Service may be, but is not necessarily, examined by Klamath Living before it is made available on the Klamath Living Service. You acknowledge that Klamath Living has the absolute right (but not the obligation) to prohibit, refuse, delete, move and edit Content and material for any reason, in any manner, at any time, without notice to you.

You should also know that in visiting the Klamath Living Site or viewing Content via the Klamath Living Website or otherwise, you may be exposed to materials that you consider to be offensive or inappropriate and you assume the risk and sole responsibility for your exposure to any such Content or material.

To report content that violates our policies, please email webmaster@KlamathLiving.com

COMPLAINT PROCEDURE

We take seriously any complaints received from viewers of Klamath Living Content and attempt to respond to every complaint. If you have a complaint regarding the Content, materials available through the Klamath Living Service, inappropriate behavior or postings by other users in the Forum, or otherwise, you may submit your complaint to Klamath Living by emailing our customer service representatives at webmaster@KlamathLiving.com. Please use the word "Complaint" in the subject line, and include the following information in your email:

  1. your name, email address, and, if you are a registered user, your user ID;

  2. the basis of your complaint (provide as much detail as possible);

  3. if your complaint concerns the activities of other users/visitors on the Forum identify the specific type of inappropriate or offensive behavior engaged in and, insofar as possible, the identity of the offending person. If your complaint concerns particular Content please provide the reason for your Complaint and the title and/or location of any digital media; and

  4. the date(s) on which you observed the objectionable activities or behavior or the date on which you viewed the Content which is the subject of your complaint;

A customer service representative will endeavor to respond to your email and if in Klamath Living’s determination, your complaint is a valid one, Klamath Living will take appropriate actions in its sole discretion, and has no responsibility to at any time report to you as to the status or outcome of its investigation or any actions Klamath Living has taken as a result.

AGENCY AGREEMENT

If you are a creator of Content submitted to the Klamath Living Service through your Klamath Living account, the relationship between you and Klamath Living is one of principal and agent ("Agency") and is subject to the terms and conditions set out herein which specifically govern this relationship (the "Agency Agreement").

Appointment of Agent. You, as the principal (the "Principal" or "you"), may submit digital media Content to be published and managed by Klamath Living as your agent ("Agent") for the purposes of the same. By submitting Content to Klamath Living and by Klamath Living accepting such Content on the Klamath Living Service pursuant to either Agency Option "A" or Agency Option "B", as defined below, you are appointing and do hereby appoint Klamath Living as your exclusive, worldwide, perpetual Agent for such Content, and grant Klamath Living the exclusive right to distribute, display, reproduce, license, rent, sell, monetize, and otherwise exploit the Content in any medium, on any kind of display device, worldwide, for the duration of the "Term of Agency" as defined below (the "Agency Rights"). As discussed in more detail below, the Agency Rights will also include Klamath Living’s right to bring suit in its own name as plaintiff for infringement or other inappropriate or illegal use of the Content and to seek in such suit all damages or other relief available under law and equity to which you and/or Klamath Living are entitled. By appointing Klamath Living as your Agent and granting Klamath Living the Agency Rights, you agree that you shall not distribute, display, reproduce, license, rent, sell, monetize, and otherwise exploit the Content in any medium, on any kind of display device, worldwide, for the duration of the Agency Term, as defined below. The Agency Term means a 50 (fifty) year period commencing as of the date you enter into this Agreement. The Agency Term shall automatically renew for additional consecutive renewal terms of 50 (fifty) years each, unless either party gives written notice of its intent not to renew the Agency Term, ninety (90) days prior to the expiration of the then expiring Agency Term.

There are four (4) types of "Agency Option(s)" offered and governed by this Agreement, as described below, namely, Agency Option "A", Agency Option "B", Agency Option "C", and Agency Option "D". You must select a single Agency Option during the Content submission process, and that selected Option cannot thereafter be changed without Klamath Living express written permission. If you select any of Options "A" or "B," you cannot remove the digital media from the Klamath Living Website for the duration of our Agency Agreement.

  1. digital media Management Option (Option "A")

    You will receive all Net Earnings, less an Agency Fee equal to 40%, collected in relation to your Content.

  2. digital media Management (Excluding YouTube) Option ("Option B")

    You will receive all Net Earnings, less an Agency Fee equal to 40%, collected in relation to your Content. Klamath Living shall not publish your Content to YouTube.com and publication of your Content shall be limited to all media and channels except YouTube.com which is specifically excluded.

  3. Klamath Living Only Option (Option "C")

    Klamath Living will publish your Content through the Klamath Living Website and will act as your agent only in respect of publication via this channel. All other media and channels are specifically excluded from Klamath Living’s Agency.

    You will receive all Net Earnings collected in relation to the publication of your Content on the Klamath Living Website less an Agency Fee equal to 40%. If you select this Option, and notwithstanding any provision in this Agreement to the contrary, you shall be entitled to remove Content from the Klamath Living Website at any time.

  4. Personal Use Option (Option "D")

    Klamath Living shall only publish your Content on Klamath Living’s Social Media Marketing Service or Klamath Living-owned websites.

    Klamath Living shall not monetize your Content. No Net Earnings will be payable to you and no Agency Fees shall be charged. If you select this Option, and notwithstanding any provision in this Agreement to the contrary, you shall be entitled to remove Content from the Klamath Living Website at any time.

PUBLISHING AND DISTRIBUTION OF CONTENT VIA THE Klamath Living SERVICE

Klamath Living may, but is not obliged to, have your Content published and displayed through various media channels and in various formats via the Klamath Living Service, in its sole commercial discretion based upon the Agency Option which you select. Klamath Living reserves the right to decline or reject any Content submitted to the Klamath Living Service.

INTELLECTUAL PROPERTY

You affirm, represent, and warrant that you have the legal right to submit the Content to the Klamath Living Service, that you have all necessary rights and authority to appoint Klamath Living as your Agent in accordance with the selected Agency Option as described herein, and that you are legally entitled to enter into the Agency Agreement.

You further represent and warrant that any Content submitted does not contain third-party copyrighted material or material that is subject to another third-party proprietary, intellectual property, or contractual rights or interests unless you have express written permission from the rights holder of the Content to enter into this Agreement. In the event you claim to have been granted such rights from a third party, you agree to furnish evidence of same in writing forthwith upon request by Klamath Living. You are required to obtain such written permission before submitting such Content to the Klamath Living Service. Such written permission must not be limited in any way, shall be exclusive, and shall remain in effect for the duration of this Agreement.

Any infringement or other violation of a third party’s rights with respect to the Content submitted by you to the Klamath Living Service and which has been identified as such by Klamath Living or by a third party, may immediately and without notice to you result in the removal of such Content. It is Klamath Living’s strict polity to comply with all applicable intellectual property laws and regulations of which it is aware. You hereby agree to defend, indemnify and hold harmless Klamath Living, its agents, employees, contractors, directors, officers, and shareholders, as to any allegations, demands, claims, investigations or disputes arising from your submission of Content to Klamath Living and/or monetization of your Content, insofar as it relates to any infringement or violation of the intellectual property rights, proprietary rights, contractual rights, or other rights of a third party.

LIABILITY

Klamath Living does not in any way endorse any Content submitted, including any opinion, recommendation, claims, advice, or position expressed therein, and Klamath Living expressly disclaims all liability in connection with the Content and its publication. For the purposes of the Digital Millennium Copyright Act or similar legislation or regulations, all Content is considered user-generated content and Klamath Living’s capacity as Agent is not Content owned by Klamath Living (unless expressly assigned to Klamath Living under the terms of this Agreement) or uploaded by Klamath Living.

In order to submit Content to Klamath Living, you acknowledge that you are solely responsible for what is submitted and indemnify and hold Klamath Living harmless from any and all claims arising from a breach of your representations, warranties, and covenants as set out in this Agreement, and also indemnify and hold Klamath Living harmless from and against all third party claims with respect to the Content and acting as Agent in respect of the Content.

PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

To file a copyright infringement notification with us relating to Content on the Klamath Living Website, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To expedite our ability to process your request, such written notice should be sent to our designated agent as follows:

Service Provider(s): Klamath Living of Klamath Falls, Oregon
Name of Agent: Troy M.
Address: Klamath Living of Klamath Falls, Oregon, 2453 Patterson St, Klamath Falls, OR 97603
Email: webmaster@KlamathLiving.com

If there are many digital media to be removed, or you expect to have an ongoing need to remove potentially infringing content from Klamath Living, we suggest that you email us at webmaster@klamathliving.com with the subject as "ONGOING DMCA" where we increase the speed at which we are able to remove any infringing content on Klamath Living and also offer industry-leading content identification tools and personal management for your requests.

Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims!

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

Claimant information will be published on the Klamath Living site at any time.

COUNTER-NOTIFICATION

If you believe that material you posted has been removed in error, you should send to our Copyright Agent, using the contact information listed above, a counter notice that includes the following:

  1. Your physical or electronic signature.

  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.

  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of, at Klamath Living’s discretion, in the Klamath Falls Oregon Superior Court of Justice at Oregon or the United States Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in the United States and that you will accept service of process by mail from the person who provided notification of copyright infringement, or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

PROCEDURE FOR REPORTING VIOLATIONS OF RIGHTS OF PRIVACY OR PUBLICITY

If you believe that your privacy rights or publicity rights have been violated by information or material that is accessible on the Klamath Living site, you may notify KlamathLiving.com. Please email webmaster@klamathliving.com so we can investigate the matter further.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Klamath Living, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Klamath Living, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KlamathLiving.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Klamath Living’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify and hold Klamath Living, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. Klamath Living reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Klamath Living in asserting any available defenses.

INTERNATIONAL USE

Klamath Living makes no representation that materials on this Site or accessible via the Klamath Living Service are appropriate or available for use in any particular location, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site or the Klamath Living Service from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use the Klamath Living Service in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and Klamath Living shall not have any liability with respect to such use.

CHOICE OF LAW AND FORUM

These Terms of Use and the Agency Agreement shall be governed by and construed in accordance with the laws of the State of Klamath Falls Oregon or, at Klamath Living’s discretion, the federal laws of the United States, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use, the Agency Agreement, or your use of the Klamath Living Services, shall lie only in the Klamath Falls Oregon Superior Court of Justice at Oregon, or at Klamath Living’s discretion, in the United States Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in the United States, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Klamath Living with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Klamath Living with respect to the Klamath Living Service or the Agency Agreement. If any part of these Terms of Use or Agency Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. Or if that portion is not susceptible to such construction, it shall be replaced with a provision that is consistent with applicable law and which reflects, as nearly as possible, the original intentions of the parties. In either event, the remaining portions remain in full force and effect.

TERMINATION

Klamath Living reserves the right, in its sole discretion, to terminate your access to the Klamath Living Service, with or without notice, for any reason, including, without limitation, if Klamath Living believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or the Agency Agreement. This includes Klamath Living's right to terminate your ability to upload digital media, post comments, collect revenue or any function available via the Klamath Living Service.

Klamath Living has zero tolerance for any violation of Content policies and/or Conduct outlined in these Terms, especially, but not limited to copyright infringement. If a user is found in violation, the account may be suspended and/or terminated. The determination of suspension or termination is at the sole discretion of Klamath Living.

You acknowledge and agree that Klamath Living shall not be liable to you or any third party for any termination or suspension of your access to Klamath Living Services.

CONSIDERATION AND AGREEMENT

You agree:

  1. that there is legally sufficient consideration for this Agreement and for the rights granted and obligations undertaken by the parties herein;

  2. that this Agreement is a legally binding contract between you and Klamath Living;

  3. that you are entering into this Agreement knowingly and willingly, and

  4. that your submission of this Agency Agreement to Klamath Living electronically constitutes your electronic agreement, such that this Agency Agreement becomes binding upon submission.