The Kive Company Terms of Service
The Kive Company operates a number of websites including www.artkiveapp.com, www.apparoo.com and www.tastemakermom.com (collectively, the “Sites”) and offers various products and services, including mobile apps and email services, on or through the Sites (collectively, the “Services”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.
- 1. Acceptance of Terms
You are responsible for regularly reviewing the Terms of Service, as the Terms of Service may be modified at any time. All such modifications will be effective immediately upon posting. If You are dissatisfied with any modification to the Terms of Service, Your only remedy is to terminate Your use of the Sites and/or the Services, as described in Section 12 (Termination and Survivability) of these Terms of Service. Your continued use of the Sites and/or the Services after a change or update has been made to the Terms of Service constitutes Your acceptance of such change or update.
- 2. Eligibility
YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE SITES AND/OR THE SERVICES. By using the Sites and/or the Services, You represent and warrant that (a) You are 18 years of age or older; (b) all registration information You submit to Company is truthful and accurate; (c) You will maintain the accuracy of such information; and (d) Your use of the Services or the Sites does not violate any applicable law or regulation.
- 3. User Accounts
To use the Sites and/or the Services, You may be required to create a user account (“Account”). If You create an Account, You agree to provide Company current, complete, true and accurate information, and to update this information should it change. Company may suspend, terminate, modify, or delete Your Account with or without notice to You, at any time for any reason or for no reason, including but not limited to for violation of the Terms of Service.
Some Services may require payment of fees to Company; if You purchase any goods or services that require payment of fees to Company, You agree to provide Company with current, complete, true and accurate billing information, such as Your credit card or other payment system number and expiration date.
If You create an Account, You may be asked to choose a password and a user name. You agree, in the sole discretion of Company, that Your user name will not: (i) substantially infringe the legal rights of others, including, but not limited to, by comprising or being substantially similar to a trademark or service mark; (ii) be offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (iii) in any way infringe these Terms of Service; (iv) be otherwise inappropriate, regardless of Company’s ability to disallow such user names; or (v) be a name that is associated with another person, including but not limited to a celebrity or other well-known person or a Company representative.
You agree that You will not take any actions for the purpose of circumventing the foregoing restrictions. You understand and agree that Company reserves the right to change, remove, alter or delete any user name at any time and for any reason in Company’s sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. You agree to notify Company immediately of any unauthorized use of Your Account or any other breach of security and to provide properly documented evidence as requested by Company. You may not use anyone else’s Account at any time and You may not allow anyone else to use Your Account at any time. You agree that Company will not be liable for any loss You may incur as a result of someone else using Your password or Account, either with or without Your knowledge, and You further agree that You will be liable for losses incurred by Company or another party due to someone else using Your Account or password.
Company reserves the right to terminate or suspend Your ACCOUNT AND/OR access to the Sites and/or the Services at any time, for any reason or no reason, with or without notice to you. Company also reserves the right to change or discontinue any service or feature provided by Company, including, without limitation, the Sites and the Services, at any time and without notice. You agree that Company shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, change or discontinuance.
In the event that Your Account or a particular subscription is terminated, suspended or canceled, no refund will be granted and no other credits will be credited to You or converted to cash or other form of reimbursement, and You will have no further access to Your Account, Content or anything associated with it.
- 4. Ownership of Content
“Content” shall mean including, without limitation, characters, data, images, drawings, photographs, animations, video, audio, music, text, and applets on the Sites, and any and all other material and information You see on the Sites and/or the Services, whether provided by Company or by users of the Services. ALL USE OF CONTENT IS PROVIDED “AS IS” AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF COMPANY AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHETHER THAT CONTENT WAS PROVIDED BY COMPANY, YOU, OR ANOTHER USER OF THE SERVICES.
You acknowledge that the Content, Services and Sites are protected by copyrights, trademarks, and other proprietary rights owned by Company, and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Content, and that these rights are valid and protected in all media existing now or later developed. Except as expressly provided herein, Company and its licensors do not grant You any express or implied rights, and all right, title and interest that Company has in the Sites and/or the Services, that are not expressly granted by Company to You are retained by Company. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Company’s prior written permission, except that the foregoing does not apply to Your own posted submission.
You agree that You may not upload or otherwise transmit on or through the Service Content that is subject to any third-party rights unless any holder of such rights has given express authorization for distribution on the Sites and/or the Services.
You agree that any Content You submit does not create an obligation for Company to provide You any payment or other remuneration. If and to the extent You are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, You hereby transfer, grant, convey, assign and relinquish exclusively to Company all of Your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, You hereby grant to Company, the exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content, all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in the Content.
- 5. Limitations
Any use of the Services in violation of these terms of SERVICE will be regarded as an infringement of Company’s copyright rights in and to the content.
You may not, under any circumstances, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any Content, or other materials appearing in or generated by the Sites or Services, or any information obtained from the Sites or the Services, without the express written consent of Company.
You may not, under any circumstances, exploit the Content or the Services for any purpose whatsoever.
You may not, under any circumstances, use the Content or the Services in any manner that is (i) unlawful; (ii) that could damage, disable, overburden, or impair any Company server or the network(s) connected to any Company server; (iii) that could interfere with any other party’s use and enjoyment of the Services; (iv) that gains or attempts to gain unauthorized access to any Services, unpublished information or material, other users’ Accounts, or computer systems and/or networks connected to any Company server, or to any of the Services, through hacking, password mining or any other means; (v) that collects or aggregates information regarding other users’ actions relating to the Services; or (vi) that reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any part of the Content or Sites.
- 6. Company Copyright Policy
You will refrain from posting any information or items to the Sites or through the Services which are copied, in whole or in part, from third party sources without authorization. For further clarification, please see the U.S. Law on Copyrights, or see the web sites of the U.S. Copyright Office or U.S. Trademark Office. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials hosted by Company infringe your copyright, You (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see the requirements and specific instructions for submitting a notice to Company in The Kive Company Copyright Policy http://220.127.116.11/copyright-policy/. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send Company a counter-notice. Please refer to The Kive Company’s Copyright Policy for the requirements and instructions for submitting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Sites, including the Services, should be sent to the Company’s DMCA Agent for notice of claims of copyright infringement at: The Kive Company, 14724 Ventura Blvd, 2nd Floor, Los Angeles, CA 91403, Attn: DMCA Agent, by telephone: (877) 673-6043, or by email: firstname.lastname@example.org (with the subject line “DMCA Communication”).
Company’s DMCA Agent should be contacted only for the purposes set forth in this Section 6. ALL OTHER INQUIRIES DIRECTED TO COMPANY’S DMCA AGENT WILL NOT BE ANSWERED.
- 7. Rules Of Conduct
By way of examples and not as limitations, You agree that You may not access the Sites and/or Services to:
(a) Publish, post, upload, transmit, distribute, disseminate or otherwise make available surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
(b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including but not limited to the rights of privacy and publicity.
(c) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or otherwise offensive or objectionable.
(d) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material or information, including but not limited to images, photographs, sound files, text files, graphics files, and videos that infringe or misappropriate any copyright, trademark, patent, trade secret, or right of privacy or publicity, or other right of any party.
(e) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any files that contain viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or any other similar software or programs that may damage or interfere with the operation of the Sites and/or Services, other users’ access to the Sites and/or Services and/or other users’ computers.
(f) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.
(g) Restrict or inhibit any other user from using and enjoying the Services, including but not limited to by disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all capital letters) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text).
(h) Violate any applicable laws or regulations, or promote or encourage any illegal activity.
(i) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material regarding hacking, cracking, exploiting, or otherwise making use of the Sites, the Services, or the Content in any manner.
(j) Impersonate or create a false identity, including but not limited to identities falsely indicating that the user is a celebrity or a Company representative.
(k) Collect in any manner information regarding users of the Sites or Services, or other user or usage information or any portion thereof, or distribute such information to any third party.
(l) Attempt to obtain passwords, other Account information, or any other private information from any other user of the Sites or the Services, including, without limitation, the collection personal information about others, including e-mail addresses.
(m) Make false reports to Company administrators.
(n) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any automation software programs or any other unauthorized third-party software program designed to modify the Sites and/or Services.
(o) Use the Services in any manner other than as an individual user (i.e., not as a corporation or other entity).
(p) Use the Services for fraudulent transactions.
(q) Use the Services to offer to transfer, buy, auction, rent, lease, loan or sell access to Your Account.
(r) Frame or mirror any part of the Sites and/or Services without Company’s express prior written consent.
(s) Institute an attack upon any server used in connection with the Sites or any portion thereof or otherwise attempt to disrupt such servers.
(t) Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Sites or the Content.
(u) Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Sites, Services and/or the Content.
- 8. Charges and Billing
You agree to pay all fees or charges incurred by Your Account, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges. Company may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. You represent to Company that You are an authorized user or an authorized user of the chosen method of payment used to pay all fees You incur plus all applicable taxes. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT.
Company may provide links to other websites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that You may pay to Company. Company may also provide access to third-party vendors who provide information, goods and/or services on the Sites or the Internet. Any separate charges or obligations You incur in Your dealings with these third parties are Your responsibility. Company makes no representation or warranty regarding any information, goods and/or services provided by any third-party.
- 9. Communications
By providing Your email address to Company and subscribing to Company communications, You understand You may receive periodic information regarding current and future services offered on the Sites and/or the Services and/or related third party products. You may unsubscribe at any time by terminating Your Account as described in Section 11 (Termination and Survivability).
- 10. Privacy/Security
- 11. Jurisdictional Issues and Export Control Laws
The Sites and/or Services are controlled and operated by Company from its offices within the United States. Company makes no representation that Content and other materials available through the Sites and/or Services are appropriate or available for use in any other locations. Those who choose to access the Sites and/or Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
The Content may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any country or on any such list.
- 12. Termination and Survivability
These Terms of Service are effective until terminated. Company may terminate these Terms of Service with or without notice to You by terminating Your Account as set forth in Section 3 (User Accounts). You may terminate these Terms of Service and Your Account by sending an email stating Your intention to terminate these Terms of Service to The Kive Company at: email@example.com, Attn: Privacy Department with the subject line “Account Termination”. Such termination will not be effective until acknowledged by The Kive Company but not more than twenty (20) business days after sending such termination email.
The provisions of Sections 4 (Ownership of Content), 5 (Limitations), 6 (Use of Copyrighted, Trademarked or Other Protected Material), 12 (Termination and Survivability), 14 (Disclaimer of Warranty; Limitation of Liability), 15 (Indemnity), 16 (Jurisdiction and Choice of Law), and 17 (Dispute Resolution and Arbitration) shall survive any termination of these Terms of Service.
- 13. Links to Third-Party Sites
The Sites may link to third party sites (“Linked Sites”). These Linked Sites are not controlled by Company. Company is not responsible for the information of the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. Company provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Company of any Linked Site.
You acknowledge and agree that Company does not endorse, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any Linked Sites. You agree that Your use of the Linked Sites, including without limitation Your use of any information, data, advertising, products, or other materials on or available through the Linked Sites, is at Your own risk and is subject to the term and conditions or use applicable to the Linked Sites.
Company is not involved in any way in the actual transaction between the Linked Sites and You. Company acts solely as a passive conduit for the Linked Sites’ sales, distribution and the communication of Your information with regards to transaction with Linked Sites.
You assume any and all risks, known or unknown, now existing or hereafter arising, related to the transactions with the Linked Sites’ items, including, but not limited to, completing transactions, default, negligence, unauthorized use of Your Account and password and other users acting under false identity.
You acknowledge that Company is not a part to any possible future disputes between You and the Linked Sites. Resolution of any dispute is the full and sole responsibility of the involved parties and Company will not act as a mediator between them. You release Company, its agents, representatives and employees, from any and all claims, demands and
damages, direct and indirect, suspected and unsuspected, arising from such dispute.
Company expressly disclaims all warranties with regard to the Linked Sites items or service, including, but not limited to, merchantability, non-infringement and fitness for a particular purpose.
YOU FURTHER AGREE TO RELEASE COMPANY FOR ANY RESPONSIBILITY DERIVATE FROM THIS TRANSACTION AND ACCEPT THE LINKED SITES’ TERMS FOR THE TRANSACTION.
Company is not responsible for any software used with or in connection with the Services. Company does not control and is not responsible for any information You provide to parties other than Company. Company is not a party to Your agreement with any party that provides software, products or services to You in connection with the Services.
- 14. Disclaimer of Warranty; Limitation of Liability
To the maximum extent allowed by law, neither Company nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “Company Parties”) warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through the Sites and/or Services. You are responsible for assessing Your own computer and transmission network needs, and the results to be obtained therefrom.
YOU EXPRESSLY AGREE THAT THE USE OF THE SITES AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITES AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY PROVIDES THE SITES AND/OR SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES AND/OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SITES AND/OR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITES OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES (OR ANY PART THEREOF INCLUDING THE CONTENT), THE SERVER(S) ON WHICH THE SITES ARE HOSTED OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, IMAGES, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE COMPANY PARTIES, OR BY YOUR OR OTHER USERS’ ERRORS AND/OR OMISSIONS.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITES AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND CONTENT AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS, EMPLOYEES OR VISITORS, WHETHER MADE ON THE SITES, IN THE CONTENT OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITES AND ANY CONTENT AND THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS) OR INJURY CAUSE BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, 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 CONFIDANT SERVICES OR COMMUNICATION SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE COMPANY PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SITES AND/OR SERVICES OR USE OF THE SITES AND/OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY IS TO STOP USING THE SITES AND/OR SERVICES, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE COMPANY PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO COMPANY OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITES, SERVICES, OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES, SERVICES, OR THE CONTENT, OR INTERACTIONS WITH COMPANY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF COMPANY AND THE COMPANY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITES AND/OR SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATION AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTIES DURING YOUR USE OF THE SITES AND/OR SERVICES. YOU AGREE TO LOOK SOLELY TO THIRD PARTIES FOR ANY AND ALL CLAIMS REGARDING SUCH TRANSACTIONS WITH THIRD PARTIES. YOU FURTHER AGREE THAT THIRD PARTY ITEMS PURCHASED ARE DONE SO VIA AN AGREEMENT BETWEEN YOU AND THE THIRD PARTY.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THE SITES DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY COMPANY OR ANY OF ITS EMPLOYEES. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND COMPANY OR A REPRESENTATIVE OF COMPANY SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
COMPANY RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE MESSAGE BOARDS OR OTHER AREAS OF THE SITES THAT IT DETERMINES IN ITS SOLE DISCRETION IN VIOLATION OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON SITES.
- 15. Indemnity
You agree to defend, indemnify and hold harmless Company and its directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation reasonable attorneys’ fees) arising out of (a) Your use of, or activities in connection with the Sites, including the Services; (b) any violation of these Terms of Service by You or through Your Account or using Your user name; or (c) any allegation that any information, messages, or materials that You make available or create through the Sites and/or Services infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
- 16. Jurisdiction and Choice of Law
These Terms of Service, and any disputes arising from or relating to the conduct covered by the Terms of Service, are governed by the laws of the State of California. You hereby submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the courts of Los Angeles County, California without regards to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods. Those who choose to access the Sites and/or the Services from locations outside of California do so on their own initiative contrary to the terms of these Terms of Service, and are responsible for compliance with local laws if and to the extent local laws are applicable.
- 17. Dispute Resolution and Arbitration
Any disputes between You and Company relating to Your use of the Sites and/or the Services that involve a claim of less than $10,000 shall be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, You and Company agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Any disputes between You and Company relating to Your use of the Sites and/or Services that involve a claim of more than $10,000 shall be subject to the exclusive jurisdiction of the courts of Los Angeles County, California.
- 18. Assignment
Company may assign these Terms of Service, in whole or in part, at any time. You may not assign, transfer or sublicense these Terms of Service or any or all of Your rights or obligations under these Terms of Service without Company’s express prior written consent.
- 19. Waiver
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
- 20. Headings
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
- 21. Notice
- 22. Severability
Notices to You may be made via posting to the Sites, by email, or by regular mail, in Company’s discretion. Company may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices on Company’s Sites. Without limitation, You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
- 23. Complete Agreement
These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between You and Company with respect to its subject matter. These Terms of Service supersede all prior or contemporaneous communications, whether electronic, oral or written, between You and Company with respect to its subject matter and You represent that You have not relied on any such communications in accepting these Terms of Service.
- 24. Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
- 25. Questions
If you have any questions, comments or complaints regarding these Terms of Service or the Sites or Services, feel free to contact us at: firstname.lastname@example.org.
- 26. General Provisions
Company’s performance of these Terms of Service are subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Sites and/or the Services or information provided to or gathered by Company with respect to such use.
A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The parties agree that all correspondence relating to these Terms of Service, shall be written in the English language.
© 2013 The Kive Company – All Rights Reserved.