PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE.

1. General. Kirbyville Online is owned and operated by the Kirbyville Online Organization (referred to as KOL). KOL has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.
2. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.
3. Restrictions on Use.
   • You shall use this site for lawful purposes only. You shall not post or transmit through the site any material which:
     • Violates or infringes in any way upon the rights of others;
     • Is unlawful;
     • Is threatening;
     • Is abusive;
     • Is defamatory;
     • Is invasive of privacy or publicity rights;
     • Infringes upon copyright or trademark rights;
     • Is vulgar;
     • Is obscene;
     • Is profane, harassing or constitutes stalking;
     • Which encourages conduct that would constitute a criminal offense;
     • Which gives rise to civil liability or otherwise violates any law.
   • At the present time, advertising placed through the "classified" section of Kirbyville Online is provided free of charge to the advertiser. KOL retains the right, at any time and with reasonable notice to the advertiser, to charge a rate deemed suitable by KOL for advertisements placed in the "classified" section. If there is notice given to you of a rate change, and you decide that you do not wish to continue to advertise, then you will have no further obligation and no other actions need be taken by you. If after notice of a rate change you do not agree to pay the rate, then KOL will remove your ad from the "classified" section at no cost or charge. You also agree that any advertisements you post in the "classified" section will not violate any of the terms set out in paragraph 3A above. Any conduct by you that in KOL's discretion restricts or inhibits any other user from using or enjoying this site will not be permitted. KOL retains the right to withdraw advertising from the "classified" section of Kirbyville Online at any time without notice.
   • Whether placed free of charge or at cost, you shall not post or transmit through this site any material which contains advertising for, or solicitation of, users to become subscribers of some other on line information service which is competitive with this site. No postings shall be displayed on this site (free or otherwise) by competitors of Kirbyville Online or its owner, Kirbyville Online Organization without prior written permission of the management of Kirbyville Online Organization.
   • The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download one copy of any copyrighted material for your personal, non-commercial home use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of KOL and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
   • You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the site, you automatically grant, or warrant that the owner of such material has expressly granted KOL the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user's personal use. You grant KOL the right to edit, copy, display, publish and distribute any material made available on the site by you.
   • The foregoing provisions of Section 3 are for the benefit of KOL, its affiliated partners and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
4. Disclaimer of Warranty - Limitation of Liability
   • YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER KOL, ITS AFFILIATED PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
   • THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
   • THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT KOL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
   • IN NO EVENT WILL KOL, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT D THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KOL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
   • Indemnification. You agree that for any information that you place with Kirbyville Online and Kirbyville Online Organization., including but not limited to advertising, that Kirbyville Online and KOL are not responsible to indemnify you, defend you or hold you harmless for any liability arising out of the advertising or advertising content supplied by you. You specifically agree to indemnify, defend and hold harmless Kirbyville Online and Kirbyville Online Organization against all claims or demands by anyone for any loss, liability, action, claims, demands, injury, damage and/or expense arising out of or resulting from the publication, production, broadcast or any other transmission of your advertisement or content of your advertisement of whatever kind or nature, including but not limited to claims for copyright infringement, trade-mark infringement, libel, slander or any other claim that in any way arises out of the publication, production, broadcast or any other transmission of the advertisement or advertising content. You agree that this indemnity agreement will apply regardless of whether the claim or demand being made is based on the negligence or gross negligence of Kirbyville Online and for Kirbyville Internet Projectand regardless of whether the negligence is the sole, joint or concurrent negligence of Kirbyville Online or KOL.
5. Monitoring. KOL shall have the right, but not the obligation or duty, to monitor the content of the site [including chat rooms and forums], to determine compliance with these conditions of use and any operating rules established by KOL and to satisfy any law, regulation or authorized government request. KOL shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, KOL shall have the right to remove any material that KOL, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
6. Trademarks. KOL, Kirbyville Online, each of their logos with accompanying graphics, are trademarks of Kirbyville Online Organization. All rights are reserved. All other trademarks appearing on the site are the property of their respective owners, whether the owner be KOL, Kirbyville Online or some other entity.
7. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of KOL. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. KOL neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized KOL employee spokespersons while acting in their official capacities.
8. Changed Terms. KOL has the right at any time to change or modify any of the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Except for the terms found in Paragraph 3B, any such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
9. Miscellaneous. These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Privacy Policy

Kirbyville Online is committed to protecting your privacy.

Community Internet web sites exist to allow for and promote interaction. In that interaction, users may provide information either anonymously or purposely about themselves, either statistically or personally. Kirbyville Online is such a site.

Visits to Kirbyville Online are monitored for the accumulation of statistical information, including, but not limited to, the number of visits to the site, the pages people visit, from which domains the visitors come from and the browsers people use to visit the site. Such information is important to allow us to evaluate the effectiveness of the services it is providing, to monitor its own performance and to make it easier for other visitors to use the site.

What Is Covered Under This Privacy Policy?

All personal information you provide directly to Kirbyville Online is covered under this privacy policy. This may , but not be limited to, your name, address, date of birth, phone number, email address, credit card and other financial information, and other personally identifying information.

When credit cards are involved, the information is encrypted through secure server software. We make diligent attempts to protect all data located on our servers against unauthorized access. However, Kirbyville Online(like any other entity) cannot and does not guarantee in any way absolute protection from unauthorized access or theft of such data.

Postings by users on any bulletin board, in any forum, or in any chat room are not protected under this privacy policy and not considered confidential information or confidential communication. Kirbyville Onlineshall have the right , but not the obligation, to monitor the content of its bulletin boards, forums and chat rooms to determine compliance with policies and terms of use and any other operating rules established for Kirbyville Onlineshall have the right in its sole discretion, and without prior notice, to edit, refuse to post, or remove any materials submitted to or posted to its bulletin boards, forums, or chat rooms.

Please keep in mind that whenever you voluntarily disclose personal information online - for example on message boards, through email, in classifieds, jobseek, auctions and chat areas - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Kirbyville Online is not responsible for the disclosure of your information under these circumstances and such disclosure is not covered under this privacy policy.

Additionally, advertisers and vendors hosted on our site, or who link to our site, may collect information about you if you click on their ads, visit their web sites, or make a purchase from them. Information collected by vendors or advertisers hosted on our site, or who link to our site, is not covered under this privacy policy.

Finally, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you're online.

What kind of personal information does Kirbyville Online collect?

Some personal information is gathered when you register on our site for contests, promotions, chats, classifieds, jobs, auctions, access to community sites or when you register for any other reason. During registration, Kirbyville Online may require you to provide your name, date of birth, gender, zip code, country of residence and email address. Additionally, Kirbyville Online will ask you to voluntarily provide other information about yourself. The more information you volunteer, the better able we are to understand who our users are and the better able we are to improve and customize our site for you. Once you register on our site for any reason, you no longer are anonymous to Kirbyville Online.

In addition to information obtained through registration, Kirbyville Online obtains personal information about you when you make a purchase from a store on our site. That information may , but not be limited to, your name, address, email address and what you have purchased.

From time to time, Kirbyville Online will conduct surveys on its site for research purposes. When you participate in a survey, the information you provide about yourself and the responses to the questions will be collected by Kirbyville Online.

If you contact Kirbyville Online, we may keep a record of your identity and your correspondence.

Kirbyville Online also tracks and collects your computer's IP address to help with system administration and to compile information about traffic patterns on the site. IP addresses also may appear in outgoing Kirbyville Online web mail message headers. Your computer IP address identifies your computer and the network or Internet service provider to which your computer is connected.

How Kirbyville Online uses Cookies

A cookie is a small amount of data that is transferred from a web server through your browser and stored on the hard drive of your computer. The data in a cookie vary, depending on the reasons for the cookie. For example, if you have a special user name and password to log into the Kirbyville Online site, the cookie may contain your user name and password so that when you log on, the web server recognizes you. Kirbyville Online may use cookies to gather general information about its audience and store, measure traffic patterns on the site, and track information about you and the way you use the site. As Kirbyville Online improves its service and offers its users more ability to customize their experience and the content they view, cookies may be used to assist in that personalization process.

Advertisers on Kirbyville Online may also use their own cookies.

You do not have to permit the use of cookies. You can, through the options in your web browser, choose to accept all cookies, choose to reject all cookies or choose to receive notification when a cookie is being delivered so that you can make a decision whether to accept each cookie on a case-by-case basis. If you refuse all cookies, or refuse particular cookies, you will not be able to use some of the features of Kirbyville Online.

How is personal information used by Kirbyville Online?

Personal information collected from you at Kirbyville Online, as well as information about traffic patterns and user behavior on the site, is used primarily for these purposes:

1. To conduct internal research. We constantly are assessing who is using our site and how they are using it. This assists us in making decisions about how to improve the site and to better serve our users. Research data are aggregated and do not data about specific individuals. We may share aggregated research (but not individual user information) with our advertisers or business partners. Additionally, Kirbyville Online may, at some time, use your personal information to contact you and ask if you would be willing to participate in a focus group, survey, or some other type of effort.
   
   
2. To customize or personalize your experience at Kirbyville Online. As Kirbyville Online improves its service, it will offer users more opportunities to customize content and other aspects of the site. Personal information provided by you will be used to assist in the customization process.
   
   
3. To tailor advertising efforts. Most of the information and services available to you at Kirbyville Onlineare free. In order to continue providing services free of charge, Kirbyville Online sells advertising. Advertisers prefer to target their efforts toward to audiences who more likely will be interested in their product. Your personal information helps us tell advertisers in general terms how many people are using our site and the demographic attributes of the people using different parts of our site. This helps the advertisers and Kirbyville Online make a better decision about where to most effectively place advertising on the site. We never provide information about individual users to advertisers. However, if you choose to make a purchase from an advertiser on our site, that advertiser may collect personal information about you during the purchase process.
   
   

Does Kirbyville Online share personal information with other entities?

Kirbyville Online will strive to maintain the confidentiality of all personal user information and communications which are transmitted directly to Kirbyville Online. However, Kirbyville Online reserves the right to disclose any of your personal information under special circumstances. These circumstances :

1. When we believe in good faith that the law requires such disclosure.
   
   
2. When disclosing such information is necessary to identify, contact or initiate legal action against someone violating Kirbyville Online's Terms of Use, or someone who is causing injury to or interference with Kirbyville Online's rights or property, other Kirbyville Online users, or anyone else who can be harmed by such activities.
   
   
3. When we must disclose such information for administrative and other purposes necessary to maintain and improve our product and services.
   
   

When you provide personal information on Kirbyville Online, it is being used by Kirbyville Online alone, unless specifically stated otherwise. In some cases, we may be providing a service to you or a promotion that is being made available with the assistance of another company. If that is the case, there may be instances when we must share your information with our partner company to facilitate the co-branded service or promotion. If your information is to be shared with a partner company, you will be notified prior to the transfer of that information to the partner company and you will be given the option of not permitting the transfer of your information to that partner company.

When Kirbyville Online conducts research about the use of its site, it may hire a professional research firm to assist in that process. Information about you may be shared with that research firm and that firm may contact you to ask your opinions about Kirbyville Online or to see if you are interested in participating in a research activity for Kirbyville Online, such as a focus group or survey. The research firm will be bound by its contract with Kirbyville Online to use your information strictly for Kirbyville Online research purposes, to keep your information confidential, and to adequately secure or destroy its records of your information when the research is complete so that information cannot be obtained by others.

Once again, please be aware that advertisers and vendors hosted on our site, or who link to our site, may collect information about you through their own cookies if you click on their ads or if you make a purchase from them. This s the purchase of classified or personal advertisements. Information collected by vendors or advertisers on our site, or who link to our site, is not covered under this privacy policy.

Various web sites collect user information and create lists and/or databases of this user information. These lists or databases are sometimes sold to third parties under contractual agreements that place limits on how the purchasing parties can reuse the information. Currently, Kirbyville Online does not sell information about its users to third parties for any reason. If Kirbyville Online chooses to do so in the future, it will notify users of Kirbyville Online of its intentions and give users the option to exclude their information from any such lists or databases sold to third parties.

Contacting Kirbyville Online

If you have any questions about our privacy policy or the privacy practices of this site, please contact us at kirbyvilleonline@hotmail.com. We will be happy to answer your question.