Please read the terms and conditions of this Terms of Service Agreement ("TOS Agreement") carefully before using the kgb.com site. By accessing the site, you are agreeing to be bound by and are becoming a party to this TOS Agreement. If you are not willing to be bound by all of the terms of this TOS Agreement, you should discontinue access to the site.

This TOS Agreement, along with the Privacy Policy, represents the entire agreement concerning the use of the kgb.com Web site and/or service (the "Service") developed by kgb, dba kgb.com (hereinafter "kgb" and/or "kgb.com") and it supersedes any prior proposal, representation, or understanding between the parties. Unless otherwise amended, the TOS Agreement shall apply to any modified version or upgrade of the Service delivered by kgb to you

kgb grants to you a personal, nonexclusive ability to use the Service only as authorized in this TOS Agreement. The kgb.com Service is designed to be an entertainment resource only, and should not be relied upon for any other purpose whatsoever. You hereby appoint kgb.com as your agent to obtain information on your behalf. Please note that kgb.com indexes on its site(s) referenced or proposed sites in the form of sponsored or external links via the use of automatic systems that are proprietary to kgb.com or one of its partners.

You agree to use the Service for personal use only and further acknowledge that you may not market, distribute or offer the Service as a free or charged service to any third party and/or make any commercial use of the Service whatsoever without the written authorization of kgb. You agree that all rights not expressly granted herein are reserved by kgb.

Traffic laws and traffic conditions must be observed and respected at all times and take precedence over any instructions or directions received through the kgb.com service. You agree to follow all local, state and federal laws while using the kgb.com service

This TOS Agreement covers the version of the Service current as of the date of use and any updates thereto. You agree and understand that these Terms of Service, the kgb.com site and the Service may be modified by kgb at any time without prior notice, and such modifications will be effective upon kgb's posting of the new terms and/or upon implementation of the new changes on the kgb.com site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by kgb, any new features, new services, enhancements or modifications to the Service implemented after your initial access to the Service shall be subject to these Terms of Service.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not kgb, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. kgb does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will kgb be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

• Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a kgb official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes";
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
• "Stalk" or otherwise harass another; and/or
• Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge, consent and agree that kgb may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of kgb, its users and the public. You understand that the technical processing and transmission of the Service, 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 understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by kgb and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

5. Web Site Links and Third Party Sites The kgb.com site may contain links to other Web sites which are operated independently of it ("External Site(s)"). We make no representation or warranty whatsoever, including as to the completeness, accuracy, value, integrity, or authenticity of the information contained or the views expressed in any such External Site(s). Any link to an External Site shall not be deemed to be an endorsement by kgb of that site, or of any products or services that may be offered therein.

You acknowledge also that we may link to External Sites that contain material that is offensive and/or objectionable or which may contain harmful computer viruses. To the fullest extent permitted by law we disclaim all liability and responsibility for the material contained in any such External Sites and/or for any loss or damage that may be caused to you by accessing them.

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to kgb through its suggestion or feedback Web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) kgb is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) kgb shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) kgb may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of kgb without any obligation of kgb to you; and (f) you are not entitled to any compensation or reimbursement of any kind from kgb under any circumstances.

You acknowledge and agree that the Service is a proprietary product of kgb and/or its licensors, and that all right, title, and interest in and to the Service, including associated intellectual property rights, is and shall remain with kgb and/or its licensors. This TOS Agreement does not convey to you an interest in or to the Service, but only a limited right of use revocable in accordance with the terms of this Agreement. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, REVERSE ENGINEER, DISASSEMBLE, DECOMPILE, RENT, LEASE OR LOAN THE SERVICE OR DOCUMENTATION OR CREATE DERIVATIVE WORKS BASED ON THE SERVICE OR THE DOCUMENTATION.

This TOS Agreement is effective upon your being granted access to the kgb.com site and/or the Service and shall continue as long as you use the Service. kgb.com may terminate this TOS Agreement with or without cause at any time. The termination of this TOS Agreement shall not adversely affect any of kgb.com's other rights with respect to your use or possession of the Service or your failure to comply with this TOS Agreement. Notwithstanding the termination of this TOS Agreement for any reason, the following provisions shall survive such termination: 9 to 16 inclusive and 18.

All title, ownership rights, and intellectual property rights in or related to the Service shall remain in kgb or its Licensors. The Service is protected by copyright and other intellectual property laws and by international treaties, including, but not limited to, the Digital Millennium Copyright Act of 1998.

"kgb.com" is a trademark and internet domain of kgb. No right, license, or interest to such trademark is granted hereunder, and you agree that you shall assert no such right, license, or interest with respect to such trademark either during or after the term of this TOS Agreement.

All other rights, title and interest (including, without limitation, all other copyrights, trademarks and other intellectual property rights) in this Web site and all names, terms, logos, slogans, images and other indicia identifying kgb's products and/or services are proprietary marks belonging to kgb.

The names of companies, products and/or services not owned by kgb and referenced herein may be the trademarks of their respective owners. Any use of the intellectual property of kgb without the express written permission of kgb is strictly prohibited.

In providing information in response to your questions, kgb will be acting solely as your agent. You shall defend, indemnify, and hold harmless kgb and kgb's officers, directors, suppliers, successors, affiliates, agents and assigns from any claims, damages, losses, or expenses (including without limitation attorney fees and costs) incurred by kgb in connection with all third party claims, suits, judgments and causes of action (i) for infringement of patents or any other patents, copyrights, trade secret, trade mark or other intellectual property or proprietary rights arising from your combining with or using any device, system or service in connection with the Service or any portion thereof (ii) for libel, slander, defamation or infringement of copyright or other proprietary right with respect to material transmitted by you using a handheld device or cellular phone or (iii) for injury, death or property damage arising in connection with your use or non-use of the Service. No remedy herein conferred upon kgb is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative. In the event of your termination of this TOS Agreement you shall pay to kgb all attorney fees, collection fees, and related expenses, expended or incurred by kgb in the enforcement of any right or privilege of kgb hereunder (including, but not limited to, telephone, freight, express and postal charges, expenses of paid investigators and reasonable compensation for time of kgb's representatives)

The kgb.com service is designed to be an informative entertainment resource for its subscribers. In providing answers to our users' search requests, kgb wholly relies on our third party partners and public information resources and kgb provides all such information "As Is". kgb.com will make a good faith attempt to provide results in response to your searches, but does not guarantee (i) our ability to provide any such information, (ii) the content of any information provided, (iii) the reliability of any third party partner or public information source, or (iv) the timing or responsiveness to any inquiry by a subscriber. kgb.com does not authorize or license you to use the information in any particular manner or warrant that your use of the information will not violate the rights of third parties.

The user acknowledges that kgb.com is subject only to a best efforts obligation. To the fullest extent permitted by applicable law kgb.com shall not be held liable for direct damage, including consequential damage or indirect damage that may result from the access to, or use of, the Services provided on the kgb.com Web site.

The user acknowledges and agrees as follows:

• The user accesses and uses the Services available on kgb.com Web site at his/her own risk;
• kgb.com makes no warranty that the access to kgb.com Web site will be continuous and uninterrupted in view of the network, computer and telecommunications systems upon which it is made available and through which it is accessed;
• kgb.com makes no warranty as to the security of the data collected and stored as part of the Web site and the Services considering the security limitations of the internet;
• kgb.com accepts no responsibility for any Content posted on the kgb.com site;

The content of External Sites is the sole responsibility of the owners of those sites and kgb.com shall not be responsible in the event the content of such sites violates the laws and/or regulations of any jurisdiction. Furthermore, kgb.com shall not be responsible for the data made available through or the processing of any personal data by those sites .

When the user accesses the Services, including when he/she submits a site and/or uses keywords to feature an External Site, kgb.com invites the user to check that the keywords chosen are legally available. In this regard, technical means are made available to the user on the Web site but it is not kgb.com's responsibility to check how a keyword will be used.

The user agrees that all information which he/she posts on the Web site will respect the rights of third parties and will not contravene public order, morals, the ethical rules governing the Internet and kgb.com’s rights generally.

The user shall not transmit on the Web site illicit or illegal data or data likely to be used to threaten or pressure in any form, manner or way whatsoever.

The user further agrees not to:

• Infringe the intellectual property or other rights of any third party;
• Contravene any law, regulatory requirement, public order or morals;
• Use the image of any person without their consent;
• Use all or any portion of a work protected under intellectual property law without the authorization of the holder of the right(s);
• Incite or encourage somebody to engage in criminal activities;
• Post or share discriminatory opinions, in particular concerning the race, religion, ethnicity, sex or sexual preferences of any individual;
• Post any opinions that may be considered as defamatory or offensive;
• Falsify his/her identity, including assuming or using the identity of any third party.

We do not represent that all Services and/or Content made available on our Web site are appropriate or available for use in all geographic locations, especially certain locations outside the United States and accessing such from certain locations may be illegal and/or prohibited. Those who do access the Services and/or Content from such locations assume sole responsibility for their actions and we exclude our liability for the same to the fullest extent permissible by law.

Use of the kgb.com site and or the Service is also governed by our Privacy Policy, a copy of which is currently located at http://kgb.com/privacy.html.

This TOS Agreement shall be construed and governed in accordance with the laws of the United States and the State of New York, excluding its conflict of law provisions, and the state and federal courts sitting in the State of New York shall have exclusive jurisdiction over all claims and disputes arising hereunder or in connection with the subject matter hereof.

Should any court of competent jurisdiction declare any term of this TOS Agreement void or unenforceable, such declaration shall have no effect on the remaining terms hereof and the unenforceable term shall be construed to provide the maximum rights allowed by law.

The failure of kgb.com to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by kgb.com as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

All questions concerning this TOS Agreement shall be directed to the following email: help@kgb.com.