KEECH MEDIA TERMS OF SERVICE

Ownership of Service: The Keech Media websites and any variations of or successors to these websites, collectively, the “Keech Media Mobile Website” or the “Website” and the Keech Media or Keech Media Mobile Solutions service (together with the Websites, the “Keech Media Mobile Service” or the “Service”) are owned by Keech Media, a legally licensed Minnesota Corporation and from time to time, its subsidiary and affiliate corporations, collectively successors, and assigns (collectively referred to as “Keech Media” or “Keech Media Mobile”). The Keech Media Services currently consists of various web pages at or linked to the website as well as areas of numerous websites operated by other companies that have entered into an agreement with Keech Media to publish their Content through Keech Media or the Keech Media Mobile Service on their site. Keech Media may expand or change from time to time without notice.

Application of General Terms and Conditions: Use by end users of the Keech Media Mobile Service, the Keech Media websites and the Keech Media customer dashboard is governed by these General Terms and Conditions. Unless explicitly stated otherwise, any new Services, including any new Keech Media properties, shall be subject to these General Terms and Conditions. In addition, Keech Media may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreements for certain properties of its Services. When you are using any service or product offered by Keech Media and its affiliates that does not have a separate legal agreement, these General Terms and Conditions will apply. In addition, Keech Media may also offer certain services from time to time that are governed by the terms of service of the respective service partners. Where the Keech Media or Keech Media Mobile Service is running on third-party websites, the terms and conditions of use of those websites may be applicable in addition to these terms and conditions.

Non-Discrimination: Keech Media does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status. Keech Media does however reserve the right to refuse service any person or entity upon its sole discretion with or without reason.

Acceptance and Accuracy: By using the Keech Media Services and/or the Website and CMS, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and conditions and any other posted guidelines or rules applicable to any website or its proprietary brands where the Keech Media Services are found. Keech Media may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on the Website, we will collectively make every possible effort to make sure that the information, materials and services provided on or through the Website are up to date. Keech Media does not have a duty outside of our corporate policy to update information contained in the Website, and Keech Media will not be held liable for any failure to update such information. We make no representation as to the completeness or accuracy of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.

Conditions and Restrictions of Use
Termination:
Use of the Keech Media Services are subject to compliance with these Terms and Conditions. You acknowledge and agree that Keech Media may terminate and/or suspend your access to any portion of the Keech Media services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Keech Media. Any such termination or suspension shall be at the sole discretion of Keech Media and may occur without prior notice, or any notice. Keech Media further reserves the right to terminate or suspend any user’s access to Keech Media or to any portion of the Keech Media Mobile Dashboard for any conduct that Keech Media believes is or may be directly or indirectly harmful to other users, to Keech Media or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Keech Media further reserves the right to terminate or suspend any user’s access to the Keech Media services for any reason or for no reason at all, in Keech Media’s sole discretion, without prior notice.

Access to Content: Please be aware that the majority of the content found on or through the Keech Media service is for general audiences. If Keech Media learns that anyone under the age of 18 seeks to conduct a transaction through the Services, Keech Media will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Services of Keech Media and Keech Media Mobile are not available to children under age 18 under any circumstances.

Registration and Privacy: Certain areas of the Keech Media Services will require the user to register and provide certain data. In consideration of use of such Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Keech Media registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Keech Media has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, Keech Media has the right to suspend or terminate your account and refuse any and all current or future use of the Services. All Keech Media registrations become the exclusive property of Keech Media, its affiliates, successors in interest, and subsidiaries. Keech Media reserves the right to use and reuse all registration and other personally identifiable user information subject to the Keech Media Privacy Policy, which is found at Keech Media Privacy Policy. By using the Service, You acknowledge receipt of the Keech Media Privacy Policy. For those portions of the Keech Media Service that require registration, upon registering, you will receive a password. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Keech Media of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Keech Media cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

Responsibility for Minors: In cases where you have authorized a minor to use the Services, you recognize that you are fully responsible for: ( i ) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE KEECH MEDIA SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

Content Not Screened or Error Free: You acknowledge and agree that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. You further acknowledge and agree that the Services and the Content may contain errors or omissions. You acknowledge and agree that Keech Media does not screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will Keech Media be liable in any way for any user or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services. Keech Media does not guarantee that any Content will be to your satisfaction. In the event that you believe that Content published on or through the Keech Media Service contains defamatory material or otherwise is published in violation of these terms and conditions, however, please contact us right away at:

Keech Media Corporate Office
6264 Upper 35th Street Court North
Oakdale, MN 55128

User Agreement: Not to Circumvent Publishers’ Ownership Rights. You acknowledge and agree that your rights to view the publisher content that you access on or through the Keech Media Services are strictly limited to the terms of those rights that you obtained in connection with your acquisition of the Content itself. Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Content obtained through the Keech Media Service, including, without limitation, by incorporating data and or Content from the Service into any e-mail, search, catalogue, directory, or other “white pages” products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable.

Prohibited Conduct: In addition to the above, you agree that you will not use Keech Media Services to:
a. Upload, post, email, otherwise transmit, or post links to any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.

b. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.

c. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way.

d. Collect or store personally identifying information about other users for commercial or unlawful purposes.

• Any firearms, explosives, or weapons.
• Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
• Any alcoholic beverages.
• Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
• Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
• Any controlled substances or pharmaceuticals.
• Any items that are counterfeit or stolen.
• Any dangerous items.
• Any goods or services that do not, in fact, exist.
• Any registered or unregistered securities.
• Any items that violate or infringe the rights of other parties.
• Any items that you do not have the legal right to sell.
• Any items where doing so through Keech Media or the Service would cause Keech Media to violate any law.

You expressly acknowledge and agree that Keech Media may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Keech Media, its users and the public. You acknowledge and agree that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Keech Media Mobile with regard to its users may be disclosed in accordance with Keech Media’s Privacy Policy.

Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement: Keech Media respects the intellectual property of others. Keech Media does not, however, independently confirm that all Content made available through the Keech Media Service is provided by a valid rights holder. In the event that Keech Media becomes aware that Content published on or through the Keech Media Service has been provided by a person who is not a valid rights holder, Keech Media may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Keech Media’s Copyright Agent and/or General Counsel the following information:

1. an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located or found on the Website or Service;
4. your address, telephone number and, if available, an email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, which you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Claims of copyright or other intellectual property infringement should be sent to Keech Media’s Copyright Agent and/or General Counsel by mail as follows:

Keech Media Corporate Office
6264 Upper 35th Street Court North
Oakdale, MN 55128

For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.

License to Content: Except as otherwise provided by the Keech Media Privacy Policy, with respect to any Content posted by you on, to, or through Keech Media or the Services, you grant Keech Media a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Services and to publish and promote such Content elsewhere within Keech Media and the Services. Such license shall apply with respect to any form, media, or technology now known or later developed.

Disclaimer of Warranties: Keech Media and the services are provided “as is,” with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Keech Media disclaims any warranties for the security, reliability, timeliness, and performance of the services. To the fullest extent permitted by law, Keech Media disclaims any warranties for other services or goods received through or advertised on the services or received through any links provided in the services, as well as for any information or advice received through the services or through any links provided in the services. Keech Media similarly disclaims, to the fullest extent permitted by law, any warranties for any information or advice obtained through the services. You expressly understand and agree that Keech Media disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the services. Keech Media Mobile disclaims any responsibility for the deletion, failure to store or untimely delivery of any information or material. Keech Media disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the services, including, without limitation, for harm caused by viruses or similar contamination or destructive features. Keech Media makes no warranty regarding the reliability or accessibility of member web pages or any storage facilities offered by Keech Media. You understand and agree that any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material.

Limitation Of Liability: You expressly understand and agree that under no circumstances shall Keech Media or its licensors be liable to any user on account of that user’s use or misuse of and reliance on the services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if Keech Media or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the services, from inability to use the services, or from the interruption, suspension, or termination of the services (including such damages incurred by third parties). Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the services or received through any links provided in the services, as well as by reason of any information or advice received through or advertised on the services or received through any links provided in the services. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the services or any information or merchandise that appears on, or is linked or related in any way to, the Keech Media network. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law. Under no circumstances shall Keech Media Mobile or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Indemnity: You agree to indemnify and hold Keech Media and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your violation of these Terms and Conditions or any other applicable published Keech Media usage terms, conditions, policies, or requirements, or your violation of any rights of another.

Third Party Links: The Website may contain links to websites operated by other parties. The linked sites are not under the control of Keech Media and Keech Media is not responsible for the content available on any other Internet sites linked to the Website. Such links do not imply Keech Media endorsement of material on any other site, and Keech Media disclaims all liability with regard to your access to such linked websites. Keech Media provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to the Website is at your own risk.

Consent to Exclusive Jurisdiction, Waiver of Objections: These Terms and Conditions and the relationship between you and Keech Media shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Minnesota for the adjudication of any and all claims arising out of your use of the Keech Media Services, and you waive any objection thereto.

"Building relationships begins with TRUST... Here is why our clients LOVE us:

  • Keech Media has come through for me on more than one occasion. They have provided creative, innovative, polished and professional work in video and print format, and are always willing to share their expertise and new ideas. My favorite project was a video “commercial” for my company that we have on our website. I would highly recommend Keech Media.

    Jennifer Brigham
  • Keech Media is a highly motivated, talented and creative marketing team with a wide-ranging knowledge of technology and communications solutions for businesses of the 21st Century. Combined with their high standard of integrity and commitment to the very best quality in all that they do, I am very comfortable in recommending them to other business people.

    Stephen Henning, Producer / Director at Lakes Country Living
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