Last Updated February 16, 2012
UPDATES TO TERMS: These Terms are subject to change by KingTray.com. The date of the most recent update will be indicated at the top of this page. Your use of the Site after any such changes are implemented constitutes your acknowledgement and acceptance of those changes.
ELIGIBILITY: Your permission to access and use the Site is void where prohibited by local or national laws or the laws of any political subdivision. By accessing or using the Site you represent and warrant that (a) all information you submit through the Site is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you have reached the age of majority in your jurisdiction (usually 18 or 21), and have the legal capacity to enter into this agreement; and (d) your access to and use of the Site does not violate any applicable law or regulation.
KINGTRAY.COM CONTENT: The content made available by KingTray.com through the Site, including without limitation any messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, “Content”) is protected by copyright, trademark, and other laws governing the use of intellectual property, and KingTray.com owns and retain all rights in the Content originally created by KingTray.com (the “KingTray.com Content”). KingTray.com hereby grants you a limited, revocable, non-sublicensable, non-commercial license to reproduce and display the KingTray.com Content (excluding any software code) solely for your personal use in connection with viewing the Site. Except for these limited reproduction and display rights, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content made available through the Site.
THIRD-PARTY WEBSITES: The Site may contain links to other websites. KingTray.com is not responsible for the Content or functionality contained on such websites, and such websites are in no way investigated, monitored or checked for accuracy, completeness or functionality by KingTray.com. Inclusion of any linked website on KingTray.com does not imply approval or endorsement of the linked website by KingTray.com. When you access these third-party sites, you do so at your own risk.
KingTray.com is not responsible for any failure of performance, error, omission, interruption, deletion, defect, or delay, or for any theft, destruction or unauthorized access to, alteration of, or use of data directly or indirectly resulting from any use of the Site. Furthermore, KingTray.com is not responsible for any problem, congestion or technical malfunction of any telephone network or line, online computer system, server, service provider, computer equipment, software, email, or media player, including without limitation any injury or damage to your computer or any other person’s computer directly or indirectly resulting from any use of the Site.
THE SITE IS PROVIDED “AS-IS” AND AS AVAILABLE AND KINGTRAY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COURSE OF DEALING OR NON-INFRINGEMENT. KINGTRAY.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL KINGTRAY.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF KINGTRAY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KINGTRAY.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO KINGTRAY.COM FOR YOUR USE OF THE SITE.
MISCELLANEOUS: These Terms constitute the entire agreement between you and KingTray.com regarding your use of the Site. The failure of KingTray.com to exercise or enforce any right or provision contained in these Terms shall not operate as a waiver of such right or provision. KingTray.com may assign its rights under these Terms to a third party in its sole and absolute discretion. These Terms shall be governed pursuant to the laws of the State of Virginia without regard to its conflicts of laws principles, and you agree to the exclusive venue of the appropriate federal or state court in Smyth County, Virginia for resolution of any dispute concerning these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect. “King” and “KingTray.com” are trade and service marks of AtomWorks LLC and include any and all associated goodwill. These Terms will operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from the rest of the Terms and does not affect the validity and enforceability of any remaining provisions, which will be interpreted to preserve the parties’ original intent.