Introduction

This website is owned and operated by Kylti. Throughout the site, the terms "Kylti," "we," "us" and "our" refer to Kylti. Kylti offers this website, including all information, features and services available from this website, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of the website constitutes your agreement to all such terms, conditions, policies and notices.

Consent to Terms

Please read these Terms of Use before using Kylti or any features of this site, including, but not limited to, the Kylti Store, Content Feeds, other syndicated distribution of content, Podcasts, API Content, widgets, the Kylti Forum, Blog, and other social networking features (collectively, the "Kylti Web Site" or the "Service"). By using the Service, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit the Service and do not use the Service or any of its features. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the Kylti Web Site. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Service following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.

Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policy governing the Kylti website, and the websites that may link to or from the Kylti Web site.

User Materials

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You represent, warrant, and agree that you own all rights to the content you post or otherwise control sufficient rights to grant the rights you grant by these Terms of Use; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; that you will not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." If you submit any video content through this site, you further represent, warrant and agree that you have written consent or permission of each identifiable individual in such content to use their name and likeness and grant the rights you grant in these Terms of Use. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site. If you do submit material, and unless we indicate otherwise, you grant Kylti and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media now known or hereafter invented. You grant Kylti and its affiliates the right to use the name you submit in connection with such content, if they so choose. All personal information provided via this website will be handled in accordance with the site’s online Privacy Notice.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the Kylti Web Site. However, by submitting User Materials on or through the Kylti Web Site, you hereby grant Kylti and their respective licensees a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the Kylti Web Site, third party licensee web site, in print, and on mobile platforms, without payment and without further consent or notice to you. You further grant Kylti and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.

In addition, you grant each user of the Kylti Web site and other Content Providers Web site, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the Kylti Web site and other Content Providers Web site to use your User Materials pursuant to these Terms of Use and the terms of use of member station website, and as permitted by the functionality of the Kylti Web site and member station website (such as through widgets and API Content distribution).

For any User Materials you Submit on or through the Kylti Web Site, you agree to abide by the Rules of Use for the Service set forth below, the Social Networking Discussion Rules (for User Materials Submitted through the Kylti Forum or in response to an Kylti Blog), and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the "Representations; Indemnity" section below.

Framing

Kylti does not allow framing of the Kylti Web Site.

Links to Kylti Web Site

Kylti encourages and permits links to content on Kylti Web site. However, the linking should not (a) suggest that Kylti promotes or endorses any third party's web site, products or services, or (b) use Kylti content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Links to Third Party Site

Kylti has provided links to Internet sites maintained by third parties, over which Kylti has no control. Kylti does not endorse the content, operators, products or services of such sites, and Kylti is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Kylti shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such Site.

Use of Third Party Services

In some cases, Kylti provides features on its Web site through tools provided by a third party over which Kylti has no control, influence, or oversight. You should only use these third party tools if you agree to be bound by their respective terms of use.

Jurisdiction

Kylti is organized under the laws of the District of Columbia in the United States of America, and this site is operated in the United States. The laws of the District of Columbia govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the District of Columbia for any action to enforce these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the District of Columbia and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. In the event of any legal action arising from or relating to these Terms of Use or your use of this site, you hereby waive the right to a jury trial.

Disclaimer

THE SERVICE AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KYLTI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES KYLTI MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON THE KYLTI WEB SITE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE KYLTI WEB SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE KYLTI WEB SITE.

LIMITATION OF LIABILITY

IN NO EVENT WILL KYLTI, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL KYLTI, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change Kylti Web Site

Kylti has the right to change the Kylti Web Site, terminate or cease providing the Kylti Web Site, or delete content, materials or features in any way, at any time or for any reason or no reason.

Online Shopping

In the event a product available on or through the Kylti Store is listed at an incorrect price or with incorrect information, Kylti will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify Kylti's acceptance of your order, nor does it constitute confirmation of Kylti's offer to sell. Kylti reserves the right at any time after receipt of your order to accept or decline your order for any reason. Kylti may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.

Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent

Kylti respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Kylti Web site, please provide the following information in writing to Kylti's Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of the material that you claim 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 sufficient to permit us to locate the material.
4. Information so that we can contact you, such as address, telephone number and e-mail address.
5. A statement that you have 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 you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or Submitted to the Kylti Web site, that were subsequently removed from the Kylti Web site, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to Kylti's Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):
1. Your physical or electronic signature.
2. A description of the materials that have 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 mistake or misidentification of the material to be removed or disabled.
4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Kylti's Copyright Agent can be reached at:
Kylti
Phone: (301) 637-4934
Fax: (240) 715-6416
Email: copyright(at)kylti.org

International Users

The Service is controlled and operated within the United States. Kylti makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Miscellaneous

These Terms of Use, together with the Privacy Policy and Social Networking Discussion Rules, represent the entire understanding of the parties regarding the use of Kylti and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of Kylti. These Terms of Use are separate and distinct from the terms of use governing the Web sites that may link to or from Kylti.

Questions

If you have any questions about the terms of use, please contact Kylti.