Last Revised: June 13, 2006

1. Acceptance of Terms

Thank you for using the Kevo [Inc.] ("Kevo") website at www.kevo.com and any other web sites or services owned or operated by (the "Kevo Site"). By using the Kevo Site or visiting the Kevo website, you, the user, agree to the following terms of service ("Terms"). You understand and agree that Kevo is an online entertainment news provider where content is provided by third parties. We reserve the right to revise these Terms by updating this posting. If the change is material, we will post a conspicuous notice on our home page and send a notification email, as per our privacy policy, to the email address we have recorded for you. Your continued use of Kevo constitutes your agreement to these Terms. We may modify the Kevo Site at any time, for any reason, and without notice or liability to you, any other user or any third party. All references herein to "we" refers to Kevo, and all references to "you" refers to the Kevo visitor or user.

2. No Guarantee of Content

Since Kevo, as an internet service provider, does not undertake to review the content posted to the Kevo Site, Kevo cannot guarantee the truthfulness or accuracy of information posted by users. You acknowledge that Kevo's display of news stories, information or other content, does not suggest endorsement by Kevo. You agree that Kevo is in no way responsible for the accuracy, quality, reliability or condition of any information posted on the Kevo Site. The Kevo Site provides hyperlinks to web sites not controlled by Kevo. We are not responsible for the content, privacy practices or activities of any website not controlled by us. We sometimes use information content on the Kevo Site provided by third party content providers. Kevo is not responsible for the accuracy or reliability of this content.

3. Acceptable Use of The Kevo Site

(a) Acceptable Content Kevo relies on its users to give truthful and accurate news and information. As such, users may not provide false, inaccurate, deceptive, misleading or deceitful news and information. To maintain the integrity of the Kevo Site, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information you post or any other content. [Are users posting news items/gossip? How else will users use the service?] In addition, you may not create or post information on the Kevo Site that (1) is defamatory, obscene, indecent or harmful to minors; (2) infringes on any third party's copyright, patent, trademark, trade secret or any other personal or proprietary right; (3) violates the privacy rights of any third party; (4) consists of, or contains software viruses, Trojan horses or any other computer programming that is intended to damage or interfere with the Kevo Site; (5) consists of or contains political campaign messages, commercial solicitation, chain letters, mass mailings, or any other form of "spam"; and (5) violate these Terms in any way. We reserve the right to report any wrongdoing that we are aware of, to the applicable government agency. (b) Privacy Policy By using the Kevo Site, you agree that you have read and consented to the terms of our Privacy Policy [link] which is incorporated into this agreement. (c) Children By registering with Kevo, you represent that you are at least 13 years of age. Kevo is not intended for children under the age of 13. Any user profile that confirms that a user is under the age of 13 will be deleted. (d) Personal Use Only The Kevo Site is designed for your personal, non-commercial use only. If you are interested in making commercial use of the Kevo Site, please contact us at [LINK] for further information. (e) Data Extraction and Unauthorized Access You agree not to gather, extract, post or submit any data to or from the Kevo Site using web robots, crawlers, data-mining or any other process. You may not attempt to gain unauthorized access to the Kevo Site, any Kevo computer network or user accounts through hacking, password mining or other means.

4. Content Removal and Account Termination

While we do not undertake to review content posted to the Kevo Site and do not intend to do so, Kevo may remove any content posted onto the Kevo Site at its sole discretion. Kevo reserves the right to terminate immediately, at its discretion, any user for breach of these Terms, breach of the Privacy Policy or for any other reason. Kevo disclaims any responsibility for the deletion or failure to store any profile or content. [Do users have accounts?] You can cancel your Kevo user account at any time by sending us an email with the user name, email address and full name at [email address].

5. Intellectual Property Rights

(a) Posting information and news on Kevo If you post information or submit material to the Kevo Site, you grant Kevo and its affiliates a non-exclusive, royalty-free right to use, reproduce, publish, translate, create derivative works from, distribute, and publicly display such content (in whole or in part) throughout the world in any media now known or later developed. You also grant us the right to use your Kevo username and/or first name and last name initial that you submit in connection with such content. You also grant each user of the Kevo Site a non-exclusive license to access your submissions through the Kevo Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through the functionality of the Kevo Site and under these Terms. The foregoing licenses granted by you terminate once you remove or delete a submission from the Kevo Site. [We should discuss if these are appropriate licensing terms for your business model.] (b) Proprietary Rights All content on the Kevo Site is the exclusive property of Kevo or its suppliers of content, including text, graphics, logos, button icons, images, audio clips, digital downloads, compilations and software [Are all of these applicable?]. No portion of the materials on the Kevo Site may be reprinted, republished, modified or distributed in any form and in any media without the express written permission of Kevo. A user or visitor may not reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the Kevo Site or any portion of the Kevo website. Any rights not expressly granted by these Terms with respect to the Kevo Site are reserved by Kevo. (c) Trademark Notice All trademarks and logos used on the Kevo Site are the trademarks, service marks or logos of Kevo or their respective owners. Nothing on the Kevo Site shall be construed as granting any license, right of ownership or right to use any trademark used on the Kevo Site. Any questions concerning the use of Kevo trademarks should be referred to [email address]. (d) Notice and Procedure for Claims of Copyright Infringement If you are a copyright owner or an agent thereof, and you believe that any User Submission or other content hosted on the Kevo Site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): " A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; " Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Kevo Site are covered by a single notification, a representative list of such works at the Kevo Site; " Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kevo to locate the material; " Information reasonably sufficient to permit Kevo to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; " A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and " A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Kevo's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at 2745 [ADDRESS] or by email at [EMAIL ADDRESS]. For clarity, only DMCA notices should go to the Kevo Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Kevo customer service through [EMAIL ADDRESS]. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

6. International users

Kevo is operated in and abides by the laws of the United States.[Do you allow international users? If not, then the rest of the paragraph can be deleted] If you are a user from another country, you agree to comply with all local rules regarding online content and conduct. We make no representation that content on this site is appropriate for use in other jurisdictions. Access to Kevo's services from jurisdictions where such content is illegal is prohibited.

7. Disclaimer of Warranties

BY USING THE KEVO SITE OR VISITING THE KEVO WEBSITE YOU EXPRESSLY UNDERSTAND AND AGREE THAT KEVO PROVIDES THE KEVO SITE, AND ALL CONTENT, INFORMATION AND PRODUCTS "AS IS," WITH NO WARRANTIES WHATSOEVER. KEVO AND ITS AFFILIATES EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. KEVO AND ITS AFFILIATES DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, OPERABILITY, AVAILABILITY, SECURITY, RELIABILITY, TIMELINESS OR ONGOING PERFORMANCE OF THE KEVO SITE OR CONTENT THEREIN AND DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT. KEVO AND ITS AFFILIATES DISCLAIM, ANY WARRANTIES FOR ANY CONTENT, INFORMATION OR NEWS OBTAINED THROUGH THE KEVO SITES OR THROUGH ANY HYPERLINKS PROVIDED BY THE KEVO SITE. KEVO DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH, RECOMMENDED OR ADVERTISED ON THE KEVO SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE KEVO SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THIS WEBSITE AND DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL OR DATA THROUGH THE USE OF KEVO TOTALLY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. Waiver.

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KEVO OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE CONTENT OR SERVICES ON THIS WEBSITE, OR FROM THE INTERRUPTION, NON-PERFORMANCE, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), EVEN IF KEVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY NEWS, ADVICE, INFORMATION, SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON KEVO OR RECEIVED THROUGH ANY HYPERLINKS PROVIDED IN THE SERVICE, OR ANY DEFAMATORY STATEMENTS MADE BY USERS ON THE SERVICE. WITHOUT LIMITING THE FOREGOING, KEVO SHALL NOT BE LIABLE FOR ANY DELAY, INTERFERENCE OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OR CONDITIONS BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, FIRE OR OTHER CASUALTY OR ACCIDENT, INTERNET FAILURES, EQUIPMENT FAILURES, ACTS OF GOD, SEVERE WEATHER CONDITIONS, WAR OR OTHER VIOLENCE, OR ANY LAW, ORDER, PROCLAMATION, REGULATION, ORDINANCE, DEMAND OR REQUIREMENT OF ANY GOVERNMENTAL AGENCY. KEVO SHALL HAVE NO LIABILITY FOR THE UNAVAILABILITY OF THE WEBSITE AND SERVICE DURING ANY PERIODIC DOWNTIME FOR MAINTENANCE OR OTHER PURPOSES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. REGARDLESS, IN NO EVENT SHALL KEVO'S TOTAL CUMULATIVE LIABILITY EXCEED FIFTY DOLLARS (US $50).

10. General Terms

(a) Applicable Law These Terms are governed by and construed in accordance with the laws of the state of California, without regard to conflicts of law principles. The state or federal courts of Los Angeles [CORRECT?] county shall have exclusive jurisdiction and venue over any disputes arising out of these Terms or the Kevo Site and both parties consent to the jurisdiction thereof. (b) Severability of Terms If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be invalid, illegal or unenforceable, the remainder of the Terms will continue in full force and effect. (c) Entire Agreement These Terms of Kevo Site constitute the entire agreement between you and Kevo 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. Any waiver of any provision of the Terms will be effective only if in writing and signed by Kevo. (d) Indemnity By using the Kevo Site, you agree to indemnify and hold Kevo, its successors and assigns, harmless for any violation or against any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out of your violation of these Terms, or your violation of any rights of another party. As well, you agree that you will indemnify Kevo or its affiliates for all claims resulting from any news, content and profiles you supply. (e) Assignment of Terms These Terms many be assigned by Kevo at any time and without notice and shall inure to the benefit of Kevo, its successors and assigns. These Terms may not be assigned by any Kevo user.