KeithgameS Software :: Legal Information  

Legal Information

The following legal information is hereby provided to inform you of your rights and our policies on our website. If you have any questions concerning this policy, feel free to contact us.

Privacy Policy
1. Overview and Legal Compliance

1.1 Keith Schwarz ("Keith," "KeithgameS Software," "We," "Us", "Me", "My", or "Our") created this Privacy Policy to demonstrate Our commitment to protecting the privacy of visitors to Our home page located at keithgames.keithschwarz.com. This Policy applies only to information collected via the Web Site. We will collect information only from people over the age of 18.

2. Your Information, How We Collect and Use It

2.1 You may be required to provide Us with certain information when using the Web Site. You agree that the information You provide will be true and accurate. You consent to Our verifying any information that You provide.

2.2 Here's how We collect and use information from You in Our efforts to provide You with a superior customized online experience:

IP Address - An IP or "Internet Protocol" address is a number that is automatically assigned to Your computer whenever You're surfing the Internet. Web servers automatically identify Your computer by its IP address. Your IP address and other site usage data are used to gather broad demographic information. This data helps Us serve You by allowing Us to understand how visitors use our Web Sites. We normally do not link IP addresses to anything personally identifiable, which means that a Customer's session will be logged, but the Customer remains anonymous to Us. We can and will use IP addresses to identify a Customer when We feel it is necessary to enforce compliance with Our Terms of Use or to protect Our service, Web Site, customers or others.

3. Security

3.1 We are concerned with the security of Your Information. We use our best commercially reasonable efforts to safeguard the confidentiality of your Information, using devices like firewalls and Secure Socket Layers. Unfortunately, no data transmission over the Internet is guaranteed to be 100% secure. As a result, We cannot ensure the security of any Information You transmit to Us or receive from Our online products or services. Accordingly, You transmit and receive Information at Your own risk.

4. Personal Tools and Discussion Groups

4.1 Certain products on Our site allow You to store Your personal information for future use. We do not share this information with third parties, other than as set forth above.

5. Surveys

5.1 We may survey Users for contact information, unique identifiers and demographic information. You are never required to answer these questions. The information You submit may be used for analyzing overall site demographics, preferences and tastes, and similar "getting to know Our customers" purposes. We will not disclose this data to third parties unless subpoenaed for legal reasons.

6. Outside Links

6.1 While on the Web Site, You may be led to other web sites. Be aware that other sites may collect data and personal information and operate according to their own privacy practices. Please remember that once you are outside of Our Web Site, any information You submit is outside of Our control.

7. Disclaimer

7.1 THE WEB SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING THE QUALITY, PERFORMANCE, OR FUNCTIONALITY OF THE WEB SITE OR REGARDING THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE WEB SITE OR THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. KEITHGAMES SOFTWARE MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE WEB SITE WILL BE VIRUS-FREE. KEITHGAMES SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, KEITHGAMES SOFTWARE'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

8. Notices

8.1 We reserve the right to change the information, features, products, policies, promotions, disclosures and disclaimers on the Website at any time. Please check the policy periodically for changes. At the beginning of the policy we indicate the date of an update to the Privacy Policy. The continued use of the Website following the posting of changes to this Privacy Policy will mean you accept those changes. Except as explicitly stated otherwise, (i) all notices to KeithgameS Software shall be made by postal mail to KeithgameS Software, 87 Breckenwood Way, Sacramento, CA  95864 and (ii) all notices to You shall be made by postings to Our Web Site. Alternatively, we may give you notice by sending an email to the email address You provided us when registering. In the case of email, notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In the case of postal mail, notice shall be deemed given 3 days after the date of mailing.

Terms of Use
1. Overview and Legal Compliance

1.1 KeithgameS Software and its subsidiaries and affiliates created this Terms and Conditions of Use Agreement the "Terms of Use") to clarify hou visitors to Our home page located at keithgames.keithschwarz.com may use this site.

1.2 The following agreement describes the terms on which We permit use of the Web Site. These Terms of Use govern all use of the Web Site and apply to all Internet traffic visiting the Web Site (called "Users" or "You"). Before using the Web Site, please read all of these Terms of Use carefully as Your use of the Web Site constitutes Your acceptance of these Terms of Use. If You do not agree to these terms, You may not use the Web Site.

1.3 We may amend these Terms of Use at any time. Except as stated below, all amended terms are effective automatically when they are posted on the Web Site. You should check the Web Site frequently for changes to these Terms of Use. These Terms of Use may not be amended in any other way except in writing signed by You and Us.

1.4 This policy does not extend to any information that is inherent in the operation of the Internet, and therefore beyond Our control. You agree not to use the Web Site in any manner contrary to applicable law or government regulation.

1.5 You agree not to transmit or post on the Web Site anything
  1. under a false name;
  2. unlawful, libelous, defamatory, threatening, abusive, harassing, or otherwise objectionable information including without limitation, anything constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise under any applicable law;
  3. that discloses another person's private or personal matters or which would violate a person's rights of privacy or publicity;
  4. that contains a virus, worm, Trojan horse or any other contaminating or destructive features; or
  5. that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, confidential or proprietary information, or use trademarks or service marks in an infringing fashion.

2. Unauthorized Use of the Site

2.1 Illegal and/or unauthorized used of the Web Site, including but not limited to, unauthorized framing of or linking to the Web Site, or any part of the Web Site, or unauthorized use of any devise or program on the Web Site, will be investigated and We will take appropriate legal action, including but not limited to, civil, criminal, and/or injunctive redress.

3. Permitted Use of the Site

3.1 You agree that You are only authorized to visit, view and to retain a copy of pages of this Site for Your own personal use, and that You shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than Your personal use, unless otherwise specifically authorized by Us to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by US to do so. The content and software on this Site is the property of KeithgameS Software and/or its suppliers and is protected by state, federal, and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove these notices and credits, or any additional information contained along with notices and credits.

4. Copyright Information

4.1 All content appearing on this Web Site is the copyrighted property of KeithgameS Software unless otherwise noted. Reproduction or storage of materials retrieved from this Web Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. You may not use, distribute, reproduce, publish, transmit, transfer, sell, create derivative works from, or in any way exploit the content, except for personal, noncommercial use, provided that You maintain all copyright and other notices contained in the content.

5. No Agency

5.1 You and KeithgameS Software are Independent Contractors and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms of Use.

6. Disclaimer

6.1 THE WEB SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING THE QUALITY, PERFORMANCE, OR FUNCTIONALITY OF THE WEB SITE OR REGARDING THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE WEB SITE OR THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. KEITHGAMES SOFTWARE MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE WEB SITE WILL BE VIRUS-FREE. KEITHGAMES SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, KEITHGAMES SOFTWARE'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

7. Liability Limit

7.1 UNDER NO CIRCUMSTANCES WILL KEITHGAMES SOFTWARE BE LIABLE UNDER ANY SECTION OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT KEITHGAMES SOFTWARE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. KEITHGAMES SOFTWARE SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OR SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY AND IN NO EVENT SHALL KEITHGAMES SOFTWARE'S LIABILITY TO YOU EXCEED THE GREATER OF (i) THE AMOUNT OF FEES YOU HAVE PAID TO KEITHGAMES SOFTWARE DURING THE NINETY (90) DAYS IMMEDIATELY PRIOR TO DAMAGE OR (ii) ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OF USE MAY BE BROUGHT BY YOU OR KEITHGAMES SOFTWARE MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF ACTION HAS OCCURRED. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE WEB SITE OR THE SERVICES PROVIDED THEREBY. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, KEITHGAMES SOFTWARE'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

8. Indemnity

8.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD KEITHGAMES SOFTWARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, LICENSEES, AFFILIATES, DISTRIBUTORS, RESELLERS AND MARKETING REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES AND COURT COSTS (COLLECTIVELY, THE "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE TERMS OF USE OR USE BY YOU OF THE WEB SITE, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM KEITHGAMES SOFTWARE'S OWN NEGLIGENCE. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF THESE TERMS OF USE OR OF THE WEB SITE OR THE SERVICES PROVIDED THEREBY.

9. Notices

9.1 Except as explicitly stated otherwise, (i) all notices to KeithgameS Software shall be made by postal mail to KeithgameS Software, 87 Breckenwood Way, Sacramento, CA  95864 and (ii) all notices to You shall be made by postings to Our Web Site. Alternatively, we may give you notice by sending an email to the email address You provided us when registering. In the case of email, notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In the case of postal mail, notice shall be deemed given 3 days after the date of mailing.

10. Entire Agreement

10.1 These Terms of Use constitute the sole agreement between KeithgameS Software and You regarding the subject matter contained herein and fully supersede any and all other understandings or agreements, whether oral or written. You acknowledge and agree that You have read and understand these Terms of Use and agree to be bound by them.

11. Force Majeure

11.1 KeithgameS Software will not be liable in any amount for failure to perform, or delay in performing, any obligations, hereunder if such delay or failure is caused by any events beyond Our control including, without limitation, acts of third parties, wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosions, embargo, or any other Act of God, unavailability, errors or other failures on the Internet, other data networks, or telecommunications systems, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays.

12. Legal Actions

12.1 These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The application of the United States Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of these Terms of Use and your use of the Web Site and/or the services provided thereby shall be the state and federal courts located within the State of California and you consent to such jurisdiction and waive all objections to such jurisdiction and venue.

13. Severability

13.1 If any provision of these Terms of Use as such may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision similar in its terms and intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.

14. No Waiver

14.1 Any failure of KeithgameS Software to enforce any provision of these Terms of Use shall not be construe a waiver of any rights under such provision or any other provision of the Terms of Use. KeithgameS Software may only make such waiver by an express writing.

15. No Assignment

15.1 Any rights or obligations granted to You hereunder may not be assigned or transferred to any other person or entity.