KICentral.com is provided to you by Dane Thomas, d/b/a KICentral (“we” or “us”). This visitor agreement is a binding legal contract between you and us. Please read this visitor agreement; by using this service, you accept its terms. The Internet is an evolving medium; we may change the terms of this agreement from time to time. By continuing to use the service after we post any such changes, you accept this agreement, as modified.
We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.
We invite you to send in your questions or comments about this website, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss to us here.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You. Although we make this website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the service. The materials available through this website are the property of us and our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You may not distribute copies of materials found on this website in any form (including by email or other electronic means) without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves on our website and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this website can be sent to us here.
Your License to Us. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this website, such as any message boards, classifieds, forums, or community publishing areas, you agree that we (including our partners, agents, affiliates and service providers (collectively, “Third Party Providers”), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
Links. We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us. No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property. Requests for permission to frame our content or in-line link to our website may be sent to us here.
Trademarks. We don’t want anyone to be confused as to which materials and services are provided by us and which aren’t. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark.
Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our website, please notify us by completing our contact form here. A written notice must contain at least the same information as requested in our online form. You should only use the form or send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on this website.
We reserve the right to reject any ad copy. All orders are subject in all respects to our current rules and regulations and current demands upon advertising space. Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services. We reserve the right to edit, reclassify, revise, or cancel any advertisement at any time. Rates and specifications are subject to change. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status. Publisher accepts no liability for error or omission. NO REFUNDS AFTER PUBLICATION DEADLINE.
We work hard to make this website an interesting and enjoyable place. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these Disclaimers carefully before using this website.
Use at Your Own Risk. We provide the material available through this website for informational purposes only. You may only use the material and the services available through this website for your personal and non-commercial use. We try to ensure that information we post to this site is both timely and accurate, and that the services offered are reliable. Yet despite our efforts, errors may occur from time to time. In addition, some reports, such as stock quotes and related financial news, may be delayed at least 20 minutes due to requirements of the stock exchanges and/or financial information services. Before you act on any information you’ve found on our site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
Materials Submitted by Other Users. We cannot and do not review every posting made in our chat rooms, forums, and other areas available for public postings. You may well read any given posting before anyone on our staff does. Take what you find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute our endorsement of that site (nor of any product, service or other material offered on that site).
No Warranties. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Our Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.
Provisions for seeking damages: Repeated deliberate violations of our Visitor Agreement or any applicable law may initiate the need to investigate and otherwise incur costs and fees in order to prevent further repeated violations, and you agree to be liable for those investigation costs and other liabilities and fees your repeated misuse has caused.
USE OF COMMUNICATIONS SERVICES
We may provide a variety of services on this website through which you can directly interact with others, such as email services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas (“Communications Services”). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.
We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our website, our customers, the public or Cox Ohio Publishing and its employees, agents, partners and affiliates. Repeated deliberate violations of our Visitor Agreement or any applicable law may initiate the need to investigate and otherwise incur costs and fees in order to prevent further repeated violations, and you agree to be liable for those investigation costs and other liabilities and fees your misuse has caused.
We reserve the right to deny access to any Communications Service to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:
Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
Gathering for the purpose of “spamming” any email addresses that users post in our chat rooms, forums and other public posting areas;
Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
Uploading or posting any off-topic or irrelevant material to any chat room or forum;
Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
Violating any applicable local, state, national or international law, including, but not limited to (i) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (ii) regulations promulgated by the U.S. Securities and Exchange Commission, and (iii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
“Stalking” or otherwise harassing another;
Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
Collecting or storing personal data about other users;
Gaining unauthorized access to our website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means; or
Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this website.
Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email.
Viruses. Because of the volume of email messages sent by us and users of this website, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.
Indemnity. You agree to indemnify and hold us and our affiliates, agents and licensors, harmless from any claim that may arise from your use of any free email service available through this website.
Registration. To obtain access to certain services on our site, you may be given an opportunity to register with us. You agree that you will register only if you are 13 years or older. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us at here of any known or suspected unauthorized use of your account.
Jurisdiction. This visitor agreement has been made in and shall be construed in accordance with the laws of the State of Ohio. By using this service, you consent to the exclusive jurisdiction of the state and federal courts in Dayton, Ohio in all disputes arising out of or relating to this agreement or this website.
Children should always get permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) over the Internet, to us or to anyone else. We won’t knowingly allow anyone under 13 to register with our site or to provide any other personally identifying information. If you’re under 13, please do not provide us with any personally identifying information about yourself (such as your name, your email address or your phone number).
The information we gather falls into two categories: (1) information (for example, your name and address) that you voluntarily supply when you register or initiate transactions, and (2) information gathered on usage patterns and preferences as visitors navigate through our sites, use our services such as free email, or read our email newsletters. In some cases, it its an agent or affiliate of ours that collects the information on our behalf. Third party providers featured on or linked to by our site, such as vendors of products and services offered through our site, may be gathering the same kinds of information.
Registration Information. To make use of certain features on our site (such as to receive email newsletters) visitors need to register and to provide certain information as part of the registration process. We may also ask for information from those who buy products or services or conduct other transactions on our site. (We may ask, for example, for your name, email address, sex, age, zip code or credit card number, and we might request information on your interest in sports, personal finance, the performing arts, and the like.) The information you supply will help us to offer you more personalized features, to tailor our site to your interests and make them more useful to you, and to process e-commerce transactions.
The more you tell us about yourself, the more value we can offer you. Supplying such information is entirely voluntary. But if you don’t supply the information we need, we may be unable to provide you with services we make available to other visitors to our site. And we can’t send you email alerting you to a new service we’re offering, or breaking news that may interest you if you don’t tell us what you’re interested in and give us your email address. Please see the “Shopping” section below to learn more about purchasing products or services on our site.
Contests and Other Promotions. From time to time, we may offer contests, sweepstakes or other promotions on our site. If you enter one of these promotions, you’ll have to provide information about yourself (such as your name, address, telephone number and email address) so that we can contact you if you win. We may share this information with any wholly or majority-owned subsidiary of Cox Enterprises, Inc. and any co-sponsor of the promotion (we will identify any co-sponsor in the official rules for the promotion). If you don’t want us to collect the information requested in the registration form or to provide it to any wholly or majority-owned subsidiary of Cox Enterprises, Inc. or contest co-sponsors, please do not enter the contest or sweepstakes.
Email Newsletters. We may also offer you the opportunity to subscribe to email newsletters on topics that we believe are of interest to our visitors. If you have opted to receive a particular newsletter, you may always unsubscribe later if you decide not to receive further mailings of the newsletter from us. See “Opting Out” below.
Cookies. To help make our sites more responsive to the needs of our visitors, we use a standard feature of browser software, called a “cookie,” to assign each visitor a unique, random number, a sort of user ID, if you will, that resides on your computer. The cookie doesn’t actually identify the visitor, just the computer that a visitor uses to access our site. Unless you voluntarily identify yourself (through registration, for example), we won’t know who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply. A cookie can’t read unrelated data off your hard drive. Our advertisers and the third parties that provide products or services through our site may also assign their own cookies to your browser, a process that we don’t control.
Other Methods of Collecting Information. Our web pages may contain electronic images (called “single-pixel GIFs” or “web beacons”) that allow us and our vendors to count users who have visited particular pages or to access certain cookies. We may use these tools and other technologies to recognize which pages users visit, and which links they click on. These features may also be included in our email newsletters so that we can learn which messages have been opened and acted upon. We may also be able to verify your online purchases from us or from third party sites that have agreed to share such information with us.
Browser Level Information and IP Addresses. Our web servers automatically collect limited information about your computer configuration when you visit our site, including the type of browser software you use, the operating system you’re running, the resolution of your computer monitor, the website that referred you, and your IP address. (Your IP address is a numerical address that is used by computers connected to the Internet to identify your computer so that data (such as the web pages you want to view) can be transmitted to you. We also use IP address information for systems administration and trouble shooting purposes. Your IP address does not tell us who you are.) We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, and to measure traffic within our site.
Why we want to know. As with any business, it’s important for us to know our customers — their needs, their likes, what they want and expect from us. Unlike most businesses, however, we deliver a valuable product to our customers without asking for anything in return. It’s like prime-time television, only better for you! Since we make most of this site available without charge to you, we rely heavily on advertisers to produce the income necessary to operate our site. Advertisers are like most people: They expect something in return for the money they spend. They want to know how many people will see their ad and how often — in other words, how effective their ad is likely to be. So it’s important that we be able to tell advertisers who our audience is.
Advertisers. Without your permission, we will not share the personally-identifiable information you provide when registering on our site with advertisers. We will, however, take the information you provide and aggregate it with data from all the other people that use this site and associated services. Then we will use that pool of information to inform our advertisers about our audience without identifying you personally. For example, we’ll be able to say to an advertiser: “We have 3,470 readers in this ZIP code,” which happens to be your location.
Vendors and Service Providers. To make our sites more valuable to our visitors, we may offer some features in conjunction with other providers (“Provider Partners”). Our chat, email newsletters, email services and online classifieds for example, may be made available through cooperative arrangements with providers that specialize in operating such services. In some instances, our Provider Partners will have the same access to your information as we do. Their use of the information will be subject to the terms of their respective privacy policies, which you can find on their websites.
Our Affiliates. We may share the information that we collect from you with any wholly or majority-owned subsidiary of Cox Enterprises, Inc. so that we and they can provide you with products and services provided by these entities that we believe may be of interest to you.
Statistical Information. Much of the information we collect is in the form of aggregated statistics, such as the traffic that visits various pages within our sites, and the habits and preferences of our audience. Such aggregated information does not include any information that would identify you personally. We may use such aggregated information and disclose it to third parties as we see fit.
Other Disclosures. We may occasionally release information about our visitors when release is appropriate to comply with law, to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our sites, the public, our customers, or our company and its employees, agents, partners and affiliates. As our business grows, we may buy or sell various assets. In the unlikely event that our company, or the bulk of our assets relating to this site, is acquired by another company, information on our visitors would be among the transferred assets.
If you register with us, you will have the opportunity to review, update, or delete the information you have provided us at any time (except, of course, any information that we do not store). If you remove your registration information completely, you may not be able to continue using certain services that require registration (such as free email). You agree that we may use your information to contact you for customer service, to inform you of important changes or additions to our site or the services offered over our site and to send you administrative notices or any communications relevant to your use of our site.
If you have subscribed to one of our email newsletters, you will always have the opportunity to unsubscribe from future mailings (for example, by clicking on an unsubscribe link in an email newsletter or by going back to our site).
If you have submitted your information on a page provided in conjunction with one of our Provider Partners, the information you submit may be jointly maintained by us and the Provider Partner. If you decide to opt out on our site, you may also need to contact the Provider Partner separately to request the Provider Partner to remove your information from its database.
All information gathered on our site is stored within a database operated by us or by a contractor on our behalf. Sensitive information, such as your password is encrypted for storage. For e-commerce transactions, in certain instances we may transmit your billing information using encryption. Encryption scrambles your credit card number and personal information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet.