Terms and Conditions

Please read the terms and conditions of this Terms of Service Agreement ("TOS Agreement") carefully before proceeding with the sign-up process. By completing the sign-up process, 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 the sign-up process.

This TOS Agreement represents the entire agreement concerning the use of the KGBKGB.com service (the "Service") developed by kgb, dba KGBKGB.com (hereinafter 'kgb', 'KGBKGB' and/or 'KGBKGB.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.

1. Terms of Service Agreement Grant
   
   kgb grants to you a personal, nonexclusive ability to use the Service during the term only as authorized in this TOS Agreement. You agree that you will not assign or otherwise transfer your rights under this TOS Agreement. The KGBKGB Service is designed to be an entertainment resource only, and should not be relied upon for any other purpose whatsoever. You hereby appoint KGBKGB.com as your agent to obtain information on your behalf. In providing information in response to your questions, kgb will rely on our employees, agents, third party partners, as well as on information resources available on the Internet.



2. Restrictions on Use
   
   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 KGBKGB service. You acknowledge that you are responsible for controlling your vehicle and that you must exercise proper control of your vehicle at all times. For safety reasons, you agree that you will not use the KGBKGB service while operating a vehicle, and that kgbSHALL HAVE NO LIABILITY WHATSOEVER FOR ANY ADVERSE EFFECTS (INCLUDING BUT NOT LIMITED TO ACCIDENTS OR TRAFFIC LAW VIOLATIONS) FOR YOUR VIOLATION OF THIS PROVISION. Handling, operating, adjusting or viewing a mobile device while driving or while on an aircraft is an offense in many jurisdictions. You agree to follow all local, state and federal laws while using the KGBKGB service.



3. Upgrades; New Versions
   
   This TOS Agreement covers the version of the Service current as of the date of sign-up and any updates thereto. In the event that upgraded versions of the Service are developed, kgb may, at its discretion, make such upgrades available to those users that have paid any required fees for such upgrades. Notwithstanding the foregoing, although kgb does not intend to charge users for any updates to the Service, kgb does reserve the right to charge fees for the use of any updated, upgraded, or new versions of the Service.



4. Technology Rights
   
   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.



5. CAN-SPAM Act, TCPA and Do-Not-Call Registries.
   
   State and federal Do-Not-Call registries, the CAN-SPAM Act, and the Telephone Consumer Protection Act of 1991 (TCPA) exist to prevent unsolicited telemarketing calls and the use of automatic dialing machines to call wireless devices, not to prevent such calls from persons who have asked to be contacted. Under Federal rules (and most states), "safe harbors" exist to allow a consumer to expressly grant permission to be contacted even though they may have registered their phone number with a state or federal Do-Not-Call registry. By accepting these TOS and submitting a question to KGBKGB, you agree that we may send the response to your KGBKGB question to your wireless device via text message, and understand that such response may include advertising materials from third party affiliates contracted by us. By accepting these TOS, you agree that by submitting your question to KGBKGB, you are granting express permission to receive our automated response which may include an affiliate's advertising material, even if you are registered on a Do-Not-Call registry. Accepting these TOS does NOT authorize us to send you any other commercial messages beyond those described above, or to contact you at any time other than in response to your question. At your request, we will provide to you a list of all third parties whose advertisements may be included with your answer.



6. Fees, Costs and Expenses
   
   The KGBKGB service is $0.30, $0.50, or $0.99 per use in the U.S. and $0.50 in Canada. ALLTEL users will be charged $0.99 per use. You agree that you will be responsible for any and all fees, costs or expenses you may directly or indirectly incur as a result of using the Service. Such fees, costs and expenses include, but are not limited to, any amounts due from the use of a provider network that allows you to access the Service, amounts charged for text-messaging services, costs associated with the use of cellular or hand-held network minutes or other time periods upon which billing may be based or any other amounts charged by a provider or third party in connection with the use of the device by which you access the Service or as a result of the use of the Service itself, including any taxes or other fees attributable thereto. Use of the service will result in charges, which will appear on your wireless bill or deducted from your prepaid balance. Standard minute and text messaging rates do apply and may be billed independently of KGBKGB by a user's carrier regardless of the type of question asked or the answer provided. Other charges may apply. You will be given an opt-in option to agree to this fee before your first time being charged. You must first opt in and then confirm acceptance of the billing agreement before receiving and/or being charged for these services.



7. Term
   
   This TOS Agreement is effective upon your being granted access to the Service and shall continue until your use of the Service is terminated. KGBKGB may terminate this TOS Agreement with or without cause at any time. The termination of this TOS Agreement shall not adversely affect any of KGBKGB'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: Sections 2, 4, 7, 8, 9, 10, 11, 13 and 14 of this TOS Agreement, shall remain in full force and effect and any violation of such provisions may result in legal action by kgb



8. Limited Warranty
   
   THE SERVICE IS LICENSED "AS IS," AND kgb DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. KGBKGB DOES NOT WARRANT THAT THE SERVICE WILL MEET THE USERS NEEDS, EXPECTATIONS OR INTENDED USE OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. KGBKGB DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE INFORMATION PROVIDED THROUGH THE SERVICE IS TRUE, ACCURATE OR COMPLETE. KGBKGB DISCLAIMS ANY DUTY TO INVESTIGATE ANY SUCH INFORMATION OR THIRD PARTY PROVIDER OF SUCH INFORMATION.THE USER AGREES THAT IT'S RELIANCE ON ANY INFORMATION PROVIDED BY KGBKGB OR ITS THIRD PARTY PROVIDERS OF THE INFORMATION AVAILABLE THROUGH THE SERVICE SHALL BE AT ITS OWN RISK.



9. Limitation of Liability
   
   IN NO EVENT SHALL kgb OR ANY OF ITS THIRD PARTY PROVIDERS OF INFORMATION BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, SALES OR USE OF THE SERVICE, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, PROMOTION, DISTRIBUTION OR PERFORMANCE OF THE SERVICE OR ANY ENHANCEMENTS OR MODIFICATIONS THERETO, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EVEN IF kgbHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



10. Title
    
    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. 'KGBKGB and KGBKGB.com' are 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.



11. Indemnity
    
    In providing information in response to your questions, kgb, (KGBKGB) will be acting solely as your agent. You shall defend, indemnify, and hold harmless kgband 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 kgbin 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).



12. Limitations of the Service
    
    The KGBKGB service is designed to be an informative entertainment resource for its subscribers. In providing answers to our subscribers' questions, kgb wholly relies on our third party partners and public information resources and kgb provides all such information "As Is". KGBKGB will make a good faith attempt to provide answers in response to your questions, 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. KGBKGB 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. There are questions that KGBKGB may not or will not answer. Such questions include, but are not limited to, questions that conflict with confidentiality laws, privacy laws, indecency laws, or are potentially harmful in nature or that violate any other such regulations, guidelines or laws. You will not knowingly ask any such questions. You will also not ask questions whose response you know or have reason to know will infringe patents, copyrights, trade secret or other intellectual property or proprietary right of a third party.



13. Privacy
    
    Information provided by you shall not be sold to third parties. However, kgb may store, track and use for its own promotional purposes the following information: your name, date of birth, gender, occupation, email address, home address, cell phone number, mobile carrier, device type and manufacturer, interests, and user history. Please read here for more information.
    
    What information does KGBKGB gather/track and how is it used?
    
    Information gathered online can generally be categorized as either anonymous or personally identifiable. Anonymous information is information that cannot be traced back to a specific individual. Personally identifiable information is information you provide that lets us know specific facts about you so that we can customize the information KGBKGB delivers to you accordingly. This information can include your name, address, zip code, age, etc. It is our belief that you will find it beneficial to provide us with personal information so that your experience with KGBKGB is satisfying.
    
    Each time a subscriber uses KGBKGB, we collect some limited information to improve the overall quality of the online experience, including product monitoring, product improvement, and targeted advertising. This information includes your e-mail address and/or text messaging address, browser type, browser language, the date and time of your query, the content of your query as well as other information that allows us to improve the over-all quality of the KGBKGB service.
    
    In addition to collecting these types of information, KGBKGB collects aggregate queries for internal reporting and targeted advertising. We also count, track, and aggregate the visitor's activity into our analysis of general traffic flows with respect to our service (e.g. tracking where queries comes from, how traffic flows within the KGBKGB properties, etc.). To these ends, we may merge information about you into group data, which may then be shared on an aggregated basis with our advertisers; but KGBKGB will not disclose your individual identity or personal data without your permission.
    
    In the event that you provide us with answers to voluntary survey questions, we may present this information to our advertisers and partners, in the form of grouped statistics compiled from our users' answers to such questions.



14. Governing Law
    
    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.



15. Severability
    
    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.



16. No Waiver
    
    The failure of KGBKGB 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 KGBKGB as to subsequent enforcement of rights or subsequent actions in the event of future breaches.



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



18. How to Opt-in
    
    To opt-in or subscribe to our service, you can text any question into KGBKGB and we'll guide you through the opt-in process from your mobile phone.



19. How to Opt-out
    
    To opt-out from our SMS service, you can text �STOP� or �ARRET� into KGBKGB from your mobile phone and we will unsubscribe you from our SMS text messaging service immediately. You will not receive any additional messages until you Opt-in.



20. How to get help or support
    
    To get help, email us at help@kgbkgb.com. From your mobile phone, you can request our contact information at any time by texting "HELP" or 'AIDE' into KGBKGB.