Terms of Use Agreement

Gyroscope Rebel Arts / KaytHoch.com Website Terms of Use Agreement

Welcome to the Gyroscope Rebel Arts / Kayt Hoch website - KaytHoch.com.  By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.  The term “KaytHoch.com” or “Gyroscope Rebel Arts or Kayt Hoch” or “us” or “we” or “our” refers to Kayt Hoch owner of the Web Site.  The term “you” refers to the user or viewer of our Web Sites.

1.    Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all other prior agreements, representations, warranties and understandings with respect to any aspect the Site, its content, products, or services. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site and we encourage you to review this Agreement prior to using the Site.

2.    Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any part of the Site, except as allowed by Section 4 below, is prohibited. Some of the photographs and/or other content on the site may be available for use apart and separate from the uses of the Site granted to you in section 4 via a specific separate written license agreement between you and Us and governed by the specific details spelled out in said license. In the absence of a specific written license agreement between you and Us,  the copying, redistribution, use or publication by you of any part of the Site is prohibited. Information on licensing and publication is available here.

By viewing content, using interactive tools, or posting comments you do not acquire ownership rights to any content, document or other materials on the site. Our posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.  Please also be aware that some of the content on the site is the copyrighted work of third parties.

3.    Service Marks.
“Gyroscope Rebel Arts”, “KaytHoch.com”, all versions of the Gyroscope Rebel Arts / KaytHoch.com, logo and others are our service marks or registered service marks or trademarks.  Other product and company names mentioned on the Site may be trademarks of their respective owners.

4.    Limited License; Permitted Uses; RSS feeds.
You are granted limited license (a) to access and use the Site in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes provided that you maintain all copyright and other policies contained therein.  No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Further you are granted limited license to use our RSS/ATOM syndication feeds for personal, non-commercial purposes.  In addition you are granted limited license to display the contents of our syndication feeds on your website/s provided that: (a) you do not change or add anything to the feed stream or feed content in anyway, (b) that you clearly indicate the feed source/ownership, (c) that you do not include the content of our feed in a syndication feed from your site, rather we stipulate that a link to the appropriate information on our site be used instead.
We reserve the right to revoke any and all license rights at any time, and we remind you that these rights are not yours exclusively, and that you do not have the right to transfer these rights to anyone else.

5.    Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use.
You may not use any site content in any way without prior written permission from us except for those permitted uses described in section 4 above.  The limited license permissions granted to you in section 4 above do not grant you permission to copy or reproduce in any way any content on the site, or to in any way sell any content from this site.  
You may not use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; nor remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site.
You may not use the Site for the purpose of gathering information for or transmitting unsolicited commercial email or email that makes use of invalid or nonexistent domain names, or other means of deceptive addressing; or to make unsolicited telephone calls or facsimile transmissions.
You may not remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture or  use any automatic or manual process to harvest information from the Site.
You may not use the Site in any manner that violates any state or federal law including import/export control laws of the United States.

6.    No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed.  We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site.  Your use of information  on the Site or materials linked to the Site is entirely at your own risk.

7.    Linking to the Site.
We encourage you to provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

8.    Registration.
Certain sections of, or offerings from, the Site may require you to register.  If registration is requested, you agree to provide us with accurate, complete registration information.  Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network.  You are responsible for preventing such unauthorized use.

9.    Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable.  We may make changes to the features, functionality or content of the Site at any time.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

10.    Third Party Content.
Third party content (which may include advertisers or sponsorships) may appear on the Site or may be accessible via links from the Site.  We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third party content that may appear on the Site or be linked to by the Site.  You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.  All third parties are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws.

11.    Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

12.    Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

13.    Nontransferable.
Your right to use the Site and any password or right given to you to utilize any site functionality or content is not transferable or assignable.

14.    Disclaimer.
The information, content and documents from or through the site are provided "as-is," "as available," with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service, except as provided in section 15(b). In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This site and the products, services, documents and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.

15.    Limitation of Liability
    (a)    We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any  services or products obtainable therefrom, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance beyond the control of a Covered Party.

    (b)    The aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the site and/or the products, information, documents and services provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.

16.    Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

17.    Third-Party Services.
We may allow access to or advertise certain third-party product, or service providers ("Merchants") from which you may purchase certain goods or services or make donations to us. You understand that we do not own, operate, or control the products or services offered by Merchants or other types of service providers. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. In the case of funds you may donate, those monies are transferred directly from the Merchant/donation processor to us and we do not own, operate, oversee or manage in any way the processing of these donation transactions. You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise.  Under no circumstance are we liable for any damages arising  from the transactions between you and merchants or for any information appearing on merchant sites or any other sites linked to our site.

18.    Third-Party Site Policies.
All rules, policies (including privacy policies) and operating procedures of third party sites (including but not limited to Merchants) will apply to you while on any of these sites. We are not responsible for information provided by you to these sites. We and any third party sites are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

19.    Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.  We encourage you to review this Privacy Policy.

20.    Payments.
You represent and warrant that if you are purchasing something from us or from Merchants or making donations that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

21.    Links to other Web Sites.
The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

22.    Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a.    A description of the copyrighted work that you claim has been infringed;
b.    A description of where the material that you claim is infringing is located on the Site;
c.    Your name, address, telephone number, and email address;
d.    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
e.    A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.  This statement must be signed either physically or electronically by you, the owner or authorized agent of the owner.
f.    Please contact us here with the above information to report potential infringements.

23.    Refund and Return Policy.
Any purchases are nonrefundable. Please note , however, that certain products and services mentioned or linked to on our site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services. We encourage you to always read the policies and terms for any Web site you use.

24.    Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Seattle, Washington and shall be governed by and construed in accordance with the laws of the State of Washington (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 14 and Section 15. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.

25.    Arbitration.  
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall at the election of either party be resolved exclusively through binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in Seattle, Washington. The arbitrator's decision will be non-appealable and judgment thereon may be entered in any court with jurisdiction over the parties. Each party shall bear one-half of the arbitration fees and costs incurred through the American Arbitration Association .