KIWIMAGONLINE.COM
Website User Agreement

Last Revised July 26, 2006

Welcome to KIWMAGONLINE.COM.   This User Agreement is a legal and binding agreement between you and May Media Group LLC governing your use of May Media Group LLC's website www.kiwimagonline.com. By using this site, you agree to be bound to the following terms and conditions of use.   Please read them carefully before using KIWIMAGONLINE.COM. This User Agreement may be modified from time to time, and the date of the most recent revision will appear at on this page.   Your continued use of KIWIMAGONLINE.COM constitutes your agreement to be bound by the User Agreement in effect at the time of such use.

USER CONDUCT

You agree to provide to KIWIMAGONLINE.COM information that is truthful and accurate, and you will not use any obscene, indecent, or offensive language or place any material that is defamatory, abusive, harassing, threatening, hateful, obscene, invasive of another's privacy rights, or otherwise objectionable or unlawful on KIWIMAGONLINE.COM.   In addition, you may not place on KIWIMAGONLINE.COM any material that is encrypted, constitutes junk mail or unauthorized advertising, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that violates another's proprietary rights, including copyright, trademark, trade secret   and patent rights.   You agree not to disrupt, modify or interfere with KIWIMAGONLINE.COM or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of KIWIMAGONLINE.COM.

You agree to use KIWIMAGONLINE.COM only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.   Your right to use KIWIMAGONLINE.COM is personal to you, and you are responsible for all use of KIWIMAGONLINE.COM by you and by those you allow to use, or provide access to, KIWIMAGONLINE.COM.

YOUR CONTENT

KIWIMAGONLINE.COM welcomes your comments and opinions, and from time to time, we may even ask you to share your stories with us.   You acknowledge that by submitting content to KIWIMAGONLINE.COM, you automatically warrant that you own or have the right to use such content, and you grant May Media Group LLC a worldwide, non-exclusive, royalty-free, irrevocable right and license to copy, display, distribute, perform, create derivative works from, publish, translate, modify, adapt or otherwise use such content, in whole or in part, in any medium now known or hereafter developed for the full term of any rights in such content.   You acknowledge that anything you send to us will be considered "content," including suggestions, opinions, creative ideas, stories, comments and other original written works, photographs, logos, designs, audio clips, music, and other submissions in any form now known or hereafter developed.   You agree that, unless otherwise expressly set forth in a signed writing, May Media Group LLC and its affiliates are under no obligation to compensate you in any way for your content submission, or to maintain its confidentiality, if any.   You acknowledge that any submissions made by you shall become the property of May Media Group LLC, and May Media Group LLC is under no obligation to return any materials you send to us.  

THIRD PARTY CONTENT

You acknowledge that any information or material placed online, including advice and opinions are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of May Media Group LLC.   You acknowledge that May Media Group LLC has not reviewed and does not necessarily endorse the content of all sites linked to from KIWIMAGONLINE.COM and is not responsible for the content or actions of any other sites linked to from it.   You agree that May Media Group LLC and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this User Agreement.

MODIFICATIONS TO CONTENT

May Media Group LLC shall have the right, but not the obligation to review, modify, edit, move or delete any content provided for display or placed on KIWIMAGONLINE.COM, in its sole discretion, and without notice.

PROPRIETARY RIGHTS

KIWIMAGONLINE.COM owns or has the right to use all content, including but not limited to text, logos, graphics, designs, photographs, audio clips, and data compilation, it places on this website.   You may not modify, create derivative works from, distribute, copy, perform, display, or otherwise exploit any such content, in whole or in part, except as permitted by law, or with the express prior written consent of May Media Group LLC.

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our copyright agent and provide the following information (as required by U.S. Copyright law):

1.

A physical or electronic signature of 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 May Media Group LLC to locate the material;

4.

Information reasonably sufficient to permit May Media Group LLC 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 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;

Copyright Agent:
Diane J. Kasselman, Esq.
1044 Northern Blvd, Suite 101
Roslyn, NY 11576

NOTE:   Only copyright complaints should be sent to Copyright Agent.    No other communications will be accepted or responded to.   Contact information for other matters is located elsewhere on KIWIMAGONLINE.COM.

PRIVACY

All information provided by you is subject to our Privacy Policy.

INDEMNIFICATION

You agree to indemnify May Media Group LLC and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through KIWIMAGONLINE.COM, or from your breach of this Agreement, or from any such acts through your use of KIWIMAGONLINE.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOUR USE OF KIWIMAGONLINE.COM IS AT YOUR OWN RISK. THE MATERIALS ON KIWIMAGONLINE.COM ARE PROVIDED "AS IS", AND MAY MEDIA GROUP LLC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO SERVICES AND GOODS SOLD ON OR THROUGH KIWIMAGONLINE.COM, INCLUDING BUT NOT LIMITED TO   WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY KIWIMAGONLINE.COM.   MAY MEDIA GROUP LLC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON KIWIMAGONLINE.COM.

UNDER NO CIRCUMASTANCES SHALL MAY MEDIA GROUP LLC, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF, OR INABILITY TO USE, KIWIMAGONLINE.COM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF MAY MEDIA GROUP LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

MAY MEDIA GROUP LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, UNDER CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING KIWIMAGONLINE.COM.   IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

TERMINATION

May Media Group LLC may terminate your ability to access KIWIMAGONLINE.COM, for any or no reason, without notice.

MISCELLANEOUS

You agree that any and all disputes arising out of this Agreement, except for copyright claims, shall be governed and construed in accordance with the laws of the State of New York without regard for its conflict of law principles, and any action, including copyright claims, must be brought in a state or federal court in New York.   Both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

May Media Group LLC makes no representation that materials on KIWIMAGONLINE.COM are appropriate, available or legal in any particular location. Those who choose to USE KIWIMAGONLINE.COM do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.