The ATK Archives

Please note that all members are bound by the following download agreement.
For those who intend to download our content for personal, private use --
we appreciate your patronage and this does not effect you in any way. It is
merely a safeguard against abusive behavior resulting from the illegal
activities of dishonest people that could effect our ability to provide a
unique and entertaining user experience and/or disrupt our valued members'
right to enjoy our content.

CONTENT DOWNLOAD AGREEMENT

IMPORTANT! PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING,
INSTALLING, OR OTHERWISE USING ANY CONTENT (AS DEFINED BELOW) FROM THIS WEB
SITE.  BY CLICKING ON THE "YES" OR "ACCEPT" BUTTON, OR OTHERWISE
DOWNLOADING OR ACCESSING THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS CONTAINED HEREIN. YOU SHOULD PRINT-OUT A COPY OF THIS
AGREEMENT FOR FUTURE REFERENCE. IF YOU DO NOT AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD CLICK THE "DO NOT
ACCEPT" OR "REJECT" BUTTON TO TERMINATE THE DOWNLOAD PROCESS. CONTENT
PROVIDER (AS DEFINED BELOW) AGREES TO LICENSE THE CONTENT TO YOU ONLY IF
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.

I. DEFINITIONS.

The following terms used in this Agreement have the meanings set forth
below:

A. "Content" means all materials downloadable from this web site,
including, but not limited to all literary works, text, pictorial and
graphical works, photographs, video and audio clips, motion pictures and
other audio visual works, video games, music, soundtracks, button icons,
streaming data, animation, images, compilations, .RAM files, .AVI files, or
any other software files (in object code or source code format)

B. "Content Provider" means Kingdom World Wide Web Operations, Inc.

II. LICENSE GRANTS AND PROPRIETARY RIGHTS.

A. License Grant. Subject to the terms and conditions of this Agreement,
provided that you are a member in good-standing to this web site or are
otherwise permitted by Content Provider to download the Content, Content
Provider hereby grants you a limited, non-transferable, non-assignable,
worldwide, non-exclusive right to use the Content solely for your own
internal non-commercial personal use. You may cache the Content onto the
hard drive of a single computer for your personal, non-commercial internal
use. The rights granted hereunder constitute a license, not a sale, of the
applicable Content.

B. Restrictions on Use of Content. You agree that you will not, nor will
you authorize or permit others to: (1) reverse engineer, decompile or
disassemble the software elements of the Content or otherwise attempt to
discover the source code of the software elements of the Content; (2) sell,
rent, lease, license, sublicense, transfer, distribute, re-transmit,
time-share or otherwise assign to any third party the Content or any of
your rights to license the Content, (3) modify the Content or create any
derivative works based on the Content; or (4) circumvent any encryption or
other security tools used anywhere in the Content.

C. Ownership. As between the parties, the Content and all patents,
copyrights, trade secrets, trademarks, service marks, know-how and any
other proprietary rights therein or thereto, is the sole and exclusive
property of Content Provider (or Content Provider's licensors), and you
gain no right, title or interest in and to the Content by virtue of this
Agreement other than the limited licenses granted herein expressly in
Section II(A) above.

D. Notices. You shall include such proprietary rights and other notices on
each copy of the Content as may be provided by Content Provider to you from
time to time, or as may be generated automatically by the Content. You
shall not remove or obscure any such notices.

E. Remedy for Breach of License. In addition to all other rights and
remedies available to Content Provider at law or in equity, any violation
of the licensing provisions of this Section II by you shall constitute a
material breach of this Agreement and Content Provider shall have the
immediate right to terminate this Agreement and all licenses granted
hereunder, and Content Provider may seek any and all appropriate remedies,
including but not limited to injunctive relief for patent, copyright, or
trademark infringement, misappropriation of trade secrets, breach of
confidence, or any other theory, as applicable.

III. FEES.

A. Fees. You agree to pay Content Provider all fees required for you to
download the Content.  All payments shall be in United States Dollars. You
agree to pay all fees when due. Any unpaid fees shall accrue interest at an
annual rate of 1.5%, or the highest legal rate, whichever is lower, of the
unpaid balance until paid.  Fees may be increased by Content Provider from
time to time based on Content Provider's then-standard fees for the
Content.

B. Taxes. All fees and other charges set forth in the download/installation
process do not include any federal, state, or local sales, use,
value-added, property, excise, withholding or other taxes, customs or
duties now or hereafter levied which shall be for your account. Any taxes
or amounts in lieu thereof paid or payable by Content Provider in respect
of any such taxes on such fees or charges (excepting only taxes on net
income) shall be added to your obligations as an additional charge which
shall be due within thirty (30) days after invoice therefor.

IV. NO WARRANTIES.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR DISCRETION AND
AT YOUR OWN AND SOLE RISK. THE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, OR NON-INFRINGEMENT. CONTENT PROVIDER MAKES NO REPRESENTATIONS OR
WARRANTIES THAT THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES CONTENT PROVIDER MAKE ANY REPRESENTATIONS OR WARRANTIES AS
TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE
CONTENT.  YOU ALSO UNDERSTAND AND AGREE THAT YOU ARE AND WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF THE CONTENT.  CONTENT PROVIDER MAKES NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE
CONTENT OR ANY TRANSACTION ENTERED INTO THROUGH THE CONTENT AND IS NOT
RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY THIRD
PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

V. INDEMNITY.

You agree to indemnify Content Provider against any and all claims,
liabilities, and costs, including reasonable attorneys' fees, reasonably
incurred in the defense of any claim or suit arising out of or otherwise
related to this Agreement, including without limitation, any breach or
threatened breach by you of this Agreement. Content Provider shall promptly
notify you in writing of any such claim or suit, and cooperate fully (at
your expense) in the defense of such claim or suit. Content Provider may
participate in the defense of such claim or defense at its own expense.

VI. LIMITATION OF LIABILITY.

IN NO EVENT SHALL CONTENT PROVIDER (OR ITS LICENSORS) BE LIABLE TO YOU, OR
ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR GOODWILL, FOR
ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH
LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF
CONTENT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN
NO EVENT SHALL CONTENT PROVIDER'S TOTAL LIABILITY HEREUNDER FOR DIRECT
DAMAGES EXCEED THE TOTAL FEES PAID BY YOU FOR USE OF THE CONTENT.

VII. TERM AND TERMINATION.

A. Term. The term of this Agreement shall begin on the date that you
download/install the Content and shall continue in effect until such time
as either party terminates the Agreement, with or without cause.

B. Effect of Termination. Upon termination of this Agreement for any
reason, (1) all licenses granted hereunder shall terminate immediately, (2)
you shall erase and destroy all copies of the Content (including, without
limitation deleting the Content from any cached files on the hard drive of
your computer); and (3) Content Provider shall immediately cease providing
access to the Content to you.

C. Survival. The parties' rights and obligations under Sections II(B),
II(C), II(E), III, IV, V, VI, VII(B), and VIII shall survive any expiration
or earlier termination of this Agreement.

VIII. GENERAL TERMS.

A. Governing Law. This Agreement and all matters arising out of or
otherwise relating to this Agreement, shall be governed by the laws of the
State of Florida, excluding its conflict of law provisions. The parties
agree that the United Nations Convention on Contracts for the International
Sale of Goods is specifically excluded from application to this Agreement.
The parties hereby submit to the personal jurisdiction of the state and
federal courts of the State of Florida.  Exclusive venue for any litigation
permitted under this Agreement shall be with the state and federal courts
located in Alachua County, Florida.

B. Rights to Injunctive Relief. Both parties acknowledge that remedies at
law may be inadequate to provide an aggrieved party with full compensation
in the event of the other party's breach of Section 2, and that an
aggrieved party shall therefore be entitled to seek injunctive relief in
the event of any such breach, in addition to seeking all other remedies
available at law or in equity.

C. Arbitration. If there is a dispute between the parties arising out of or
relating to this Agreement, the parties shall meet and negotiate in good
faith to attempt to resolve the dispute. If the parties are unable to
resolve the dispute through direct negotiations, then, except as otherwise
provided herein, either party may submit the issue to binding arbitration
in accordance with the then-existing Commercial Arbitration Rules of the
American Arbitration Association. The arbitration shall be conducted in
Gainesville, Florida, and conducted by a single arbitrator, knowledgeable
in software, the Internet and e-Commerce. The party bringing the action
shall be responsible for paying all costs for arbitration, including the
arbitrator's fees.  The arbitrator shall have no authority to award any
punitive or exemplary damages, certify a class action, add any parties, or
to vary or ignore the terms of this Agreement and shall be bound by
governing and applicable law. This Section shall not apply to any breach
(or any allegation which if true would constitute a breach) of Section 2.

D. Assignment. The rights and liabilities of the parties hereto will bind
and inure to the benefit of their respective assignees, successors,
executors, and administrators, as the case may be. Neither this Agreement
nor any rights granted hereunder may be sold, leased, assigned or otherwise
transferred, in whole or in part by you.

E. Severability. If for any reason a court of competent jurisdiction or
arbitrator finds any provision of this Agreement, or any portion thereof,
to be unenforceable, that provision will be enforced to the maximum extent
permissible and the remainder of this Agreement will continue in full force
and effect.

F. No Waiver. Failure by either party to enforce any provision of this
Agreement will not be deemed a waiver of future enforcement of that or any
other provision, and no waiver of one breach will constitute a waiver of
subsequent breaches of the same or of a different nature.

G. Complete Agreement. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and
supersedes and replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. No amendment to
or modification of this Agreement will be binding unless in writing and
signed by a duly authorized representative of both parties.

H. Relationship Between the Parties.  Content Provider is an independent
contractor; nothing in this Agreement shall be construed to create a
partnership, joint venture or agency relationship between the parties.

I. Headings. Section and subsection headings of this Agreement are inserted
for convenience only and shall not be deemed to constitute a part hereof
nor to affect the meaning thereof

J. Force Majeure. Content Provider shall not be responsible for any failure
to perform due to unforeseen circumstances or to causes beyond its
reasonable control, including but not limited to:  acts of God; war, riot,
embargoes, acts of civil or military authority, or terrorism; fire, flood,
earthquakes, hurricanes, tropical storms or other natural disasters; fiber
cuts; strikes, or shortages in transportation, facilities, fuel, energy,
labor or materials; failure of the telecommunications or information
services infrastructure; hacking, SPAM, or any failure of a computer,
server or software, including Y2K errors or omissions, for so long as such
event continues to delay Content Provider's performance.

K. Export. You understand and acknowledge that the software elements of the
Content may be subject to regulation by agencies of the U.S. Government,
including the U.S. Department of Commerce, which prohibits export or
diversion of software to certain countries and third parties. You will not
assist or participate in any such diversion or other violation of
applicable U.S. laws and regulations. You warrant that you will not license
or otherwise permit anyone not approved to receive controlled commodities
under applicable U.S. laws and regulations and that you will abide by such
laws and regulations. You shall hold Content Provider harmless and
indemnify Content Provider from any breach or threatened breach of this
Section VIII(K).

L. Government Rights. The software elements of the Content have been
developed at private expense and is "commercial computer software" or
"restricted computer software" within the meaning of the FARs, the DFARs,
and any other similar regulations relating to government acquisition of
computer software. Nothing contained herein will be deemed to: (1) grant
any government agency any license or other rights greater than are mandated
by statute or regulation for commercial computer software developed
entirely at private expense, or (2) restrict any government rights in any
extensions or custom solutions provided hereunder and developed at
government expense.

CLICK HERE TO RENEW YOUR MEMBERSHIP!

18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement

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