Kiwi Ad Agency  

legal and copyright information

back to last page >>

(1) Our goal is to ensure that the information on this website is accurate and up-to-date, but Kiwi Ad Agency, Inc. makes no representations, warranties or assurances (expressed or implied) as to the accuracy, currency or completeness of such information.

We shall not be liable for any damage or injury which may arise from the use of or reliance upon any information provided in this website or from your inability to access the website. We assume no responsibility, and shall not be liable for any damage or injury to you, your computer or other personal property including, but not limited to, damages caused by viruses that infect your computer equipment or other property on account of your access to our website or from your downloading of any materials, data, text, images, video or audio, or other items from the website.

(2) Some links in this website may lead to websites which are not under our control. When you visit any of those websites you will leave our website and we will accept no responsibility or liability in respect of the material or any website which is not our under control. External sites are not endorsed by us and we make no representation or warranty as to the content contained in any such external website.

(3) These terms of use and your use of the website shall be governed by and construed in accordance with the laws of the State of Oregon. If any provision of these terms of use shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed void but shall not affect the validity and enforceability of the remaining provisions.

(4) With prior written consent on behalf of Kiwi Ad Agency, Inc., we hereby authorize you to copy materials published on this website for your non-commercial, private use only, provided any copy of these materials which you make shall retain all copyright and other proprietary notices and disclaimers contained herein.

(5) This website is provided as a service to our visitors. We reserve the right to delete, modify or supplement the content of this website at any time for any reason without notification to anyone.

(6) Waiver, Release and Limitation of Liability. You agree that neither Kiwi Ad Agency, Inc., nor its officers, directors, employees, agents, information providers, partners, advertisers, suppliers, subsidiaries, or divisions shall have any liability to you under any theory of liability or indemnity in connection with your use of kiwitogo.com and/or any subdomain of the kiwitogo.com. You hereby release and forever waive any and all claims you may have against Kiwi Ad Agency, Inc., its officers, directors, employees, agents, information providers, suppliers, subsidiaries, or divisions (including but not limited to claims based upon the negligence of Kiwi Ad Agency, Inc. its officers, directors, employees, agents, information providers, partners, advertisers, suppliers, subsidiaries, or divisions) for losses or damages you sustain in connection with your use of kiwitogo.com and/or any subdomain of kiwitogo.com.

Notwithstanding the foregoing paragraph, the total liability of Kiwi Ad Agency, Inc., its officers, directors, employees, agents, information providers, partners, advertisers, suppliers, subsidiaries, and divisions, if any, for losses or damages shall not exceed the fees paid by the user for the particular information or service provided. In no event shall Kiwi Ad Agency, Inc., its officers, directors, employees, agents, information providers, partners, advertisers, suppliers, subsidiaries, or divisions be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of kiwitogo.com are hereby excluded even if Kiwi Ad Agency, Inc., its officers, directors, employees, agents, information providers, partners, advertisers, suppliers subsidiaries, or divisions have been advised of the possibility of such damages.

Neither Kiwi Ad Agency, Inc., nor any of its affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to or your inability to access the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Kiwi Ad Agency, Inc. or of any vendor providing software or services support.

(7) Copyright Information: All content of this website is owned or used by permission by Kiwi Ad Agency, Inc. and The Human Group, Ltd. and is protected by applicable copyright laws worldwide.

(a) Reproduction of Images and Other Copyrighted Material. As with any image, possession of a copy of a digitized image does not give unrestricted rights to use it. The copyright of an image is generally owned by the creator and only the copyright owner, or the owner’s legal representative, can grant permission to copy, distribute, or publicly display the image.

(b) It is illegal to reproduce photographs taken by a professional photographer or other copyrighted material without the permission of the copyright owner.

(c) The copyrights of the images and other material on this website are owned by us or the individual photographers or artists who have authorized their use on this website.

(d) Use of Other Images and Information. Other images and information may be downloaded, reprinted and reproduced for non-commercial, private purposes. Other images and information may not be manipulated or altered without our express permission or the express permission of the photographer, designer or artist.

(8) Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.

Trademarks:

Kiwi Ad Agency, Kiwi and the Kiwi logo are trademarks of Kiwi Ad Agency, Inc., The Human Group, Ltd. and Human Global Media, Inc.

Additional Copyright and Software Information:

Human Global Media, hgMedia, The Human Group, HG, Kiwi Ad Agency, GrooveGrotto Records, Walking Man Productions, Hueman Styles, The Mined Design, Free Quill Press, Aural Static Records, and all associated marks, logos and emblems are ©2003-2005 by The Human Group, Ltd., Human Global Media, Inc. and Kiwi Ad Agency, Inc. All original content on this site is ©2003-2005 by The Human Group, Ltd., Human Global Media, Inc. and Kiwi Ad Agency, Inc. All Rights Reserved. This website may not be copied, downloaded, stored in machine-readable form, or otherwise reproduced, disseminated, adapted, or used without prior written permission of The Human Group, Ltd. and Kiwi Ad Agency, Inc. Use of any material on this site must be done so in accordance with the copyright laws of the United States of America and the State of Oregon and, if used without the intention of profiteering or making claims to the material, may be done so in accordance with the "fair use" clause of those copyright laws.

The Human Group, Ltd., Human Global Media, Inc. and Kiwi Ad Agency, Inc. are in no way affiliated or endorsed by any individual, corporation, company, or organization, either represented or not represented on this site.

By downloading any file from this website or any affiliated The Human Group, Ltd., Human Global Media, Inc. and Kiwi Ad Agency, Inc. server, the user agrees to the following terms and conditions:

1. You will not hold Kiwi Ad Agency, Inc., or any of its officers, directors, employees, agents, information providers, partners, advertisers, suppliers, subsidiaries, divisions, or brands accountable for any damages caused by files downloaded from this website or any affiliated The Human Group, Ltd., Human Global Media, Inc. and Kiwi Ad Agency, Inc. server that is or is not attributed directly to the use of the files and or related software.

2. You will not reproduce the contents of the downloads in any form unless you have express written permission from The Human Group, Ltd., Human Global Media, Inc., and Kiwi Ad Agency, Inc. to do so.

3. You will specify the source and creator of the document in an appropriate "readme" file if permission is given for use.