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This agreement sets out the legally
binding terms of your use of
KitchenerMatch® and your membership in the
service provided by KitchenerMatch. These
terms may be modified by KitchenerMatch®
as needed. Such modifications will be
effective upon the date of posting to
KitchenerMatch®. The terms "we" and "us"
refer to KitchenerMatch.
Please read the following terms and
conditions carefully, as they form the
agreement between yourself and us. If
you do not agree to these terms and
conditions, you may not use the service
and should not proceed to register. By
using the Service after September 1st,
2004 you are agreeing to be bound by
this Agreement, including all amendments
made to date.
1.Eligibility.
You must be eighteen (18) years of age
or older to register as a member of
KitchenerMatch Membership is void where
prohibited. By using the Website, you
represent and warrant that you have the
right and authority to enter into this
Agreement and to abide by all of the
terms and conditions of this Agreement.
Any misrepresentation of personal
information (particular to age) will be
subject to service cancellation.
2.Changes and Cancellations.
Cancellations and changes can be made
via email to
info@kitchenermatch.com. Premium
Members have to send an e-mail with
their login information (username &
password) in order for their monthly
payments to be stopped. If the username
and password are valid then the
membership will be cancelled.
3. Standards.
KitchenerMatch® will not accept any
advertisements which depict any one, or
all, of the following content(s).
-
is offensive to the members of KitchenerMatch,
such as advertisements that promote
racism, hatred or physical harm;
-
harasses another person;
-
involves the transmission of unsolicited mass
mailing or "spamming";
-
promotes information that you know is misleading
or promotes illegal activities;
-
promotes an illegal or unauthorized copy of
another person’s copyrighted work;
-
solicits personal information from anyone under
18;
-
engages in commercial activities written consent
of KitchenerMatch®.
4.Membership Categories
Users of the Service may become
"Guests", "Free Members" or "Premium
Members" of the Service. Guests are
allowed access to a minimal level of the
Service's features and are not charged
by us for the use of the features to
which they are given access. Free
Members are allowed to access more
features of the Service than are Guests,
but are not allowed access to all of the
features that Premium Members are
allowed to access. Free Members are not
charged by us for the features they can
access. Premium Members are provided
with access to additional features of
the Service that are not available to
Guests or Free Members. Premium Members
are not charged by us for the features
that are free to Free Members. Certain
additional features of the Service made
available to Premium Members are also
free of charge. Certain other features
of the Service are "paid features", for
which a Premium Member is charged.
5. Fees and Payments
a. Premium Members of the Service
are required to purchase a "Premium
Membership" in order to use the "paid
features" of the Service. Each of the
"paid features" of the Service is
included in the "Premium Membership".
Each month the Premium member is charged
for the "Premium Membership".
b. In order to purchase a
"Premium Membership", Premium Members
may charge them online to a credit card
account. In addition to paying the
published price for "Premium
Membership", the purchaser is
responsible for paying all applicable
taxes in connection with the purchase of
the "Premium Membership". We reserve the
right to change our pricing policy at
any time at our sole discretion. We also
reserve the right to change the method
or manner in which we charge members for
Credits, or the method of payment which
is acceptable to us, at our sole
discretion.
c. Once we have confirmed receipt
of your payment, you will become a
Premium Member. If your usage of the
Service is terminated because of a
breach of this Agreement or if it is
terminated for any reason, your Premium
Membership is automatically and
immediately forfeited.
d. THE PURCHASE OF PREMIUM
MEMBERSHIP IS NON-REFUNDABLE. Premium
Membership may not be transferred from
one member of the Service to another
member. The cost of Premium Membership
purchased by a Premium Member is not
refundable under any circumstance;
however you will continue to receive the
service for the length of time which was
purchased by you.
e.
You agree to pay or have paid all fees
and charges incurred in connection with
your membership with the Service
(including any applicable taxes) at the
rates in effect when the charges were
incurred. All fees and charges are
nonrefundable. We may change the fees
and charges in effect for using the
Service, or add new fees or charges, by
posting new fees and
changes on the site from time to time.
You also are responsible for any fees or
charges incurred to access the Service
through an Internet access provider or
other third party service, including but
not limited to telephone charges. YOU,
AND NOT WE, ARE RESPONSIBLE FOR PAYING
ANY AMOUNTS, OR RESOLVING ANY ERROR(s),
BILLED TO YOUR CREDIT CARD BY A THIRD
PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
6.
Rejection of Application.
KitchenerMatch reserves the right,
without liability, to reject, omit or
exclude any person or to reject or
terminate any membership(s) for any
reason at any time, with or without
notice to the member, and whether or not
such membership was previously
acknowledged, accepted, or published.
7. Licenses and Indemnification.
Member grants KitchenerMatch the right to
use, reproduce, publicly display and
distribute member's advertisements and
collateral information and warrants that
Member has the right to grant such
license. Member represents that the
advertiser is the owner or is licensed
to use the entire contents and subject
matter contained in its advertisements
and collateral information, including,
without limitation, (a) the names and/or
pictures of persons; (b) any copyrighted
material, trademarks, service marks,
logos, and/or depictions of trademarked
or service marked goods or services; and
(c) any testimonials or endorsements
contained in any advertisement submitted
to KitchenerMatch. In addition, Member
represents that the member's
advertisements and collateral
information do not violate any
applicable local, state or federal law
or regulation. In consideration of
KitchenerMatch's acceptance of such
advertisements and information for
publication, the advertiser and agency
will jointly and severally indemnify and
hold harmless KitchenerMatch and its
officers, directors, shareholders,
employees, accountants, attorneys,
agents, parent, affiliates,
subsidiaries, successors and assigns
from and against any and all third party
claims, damages, liabilities, costs and
expenses, including reasonable legal
fees and expenses, arising out of or
related to: (i) Member's breach of any
covenants, representations and
warranties made therein, (ii)
KitchenerMatch's performance under this
contract, and (iii) the copying,
printing, distributing, transmitting or
publishing of member's advertisements or
collateral information by KitchenerMatch.
8.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL KitchenerMatch®
BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATON, FOR LOST
INCOME OR PROFITS, IN ANY WAY ARISING
OUT OF OR RELATED TO THIS CONTRACT, EVEN
IF KitchenerMatch® HAS BEEN ADVISED AS TO
THE POSSIBILITY OF SUCH DAMAGES.
Privacy Policy
KitchenerMatch has the following Privacy
Policy with respect to information
gathered on Web pages hosted by
KitchenerMatch. Such information is
received by KitchenerMatch.
The terms "we" and "us" refer to
KitchenerMatch.
The Information We Collect
This notice applies to all information
collected on the KitchenerMatch Web site
or submitted to KitchenerMatch at any
time.
Personally Identifiable Information—When
visiting KitchenerMatch and signing up
for or using KitchenerMatch services, you
may choose to supply KitchenerMatch with
information that identifies you
personally. For End-Users, this
information may include your name and
contact information, gender, birth date,
occupation and industry, shipping and
billing information, credit card numbers
and other payment information, behavior
patterns, purchase history, and other
information. For Clients, this
information may include the Client's
name and contact information, the
Client's Web site information (name,
URL, visitors per day, page views per
month, description, categorization, and
other data), payment information, and
user comments.
The Way We Use Information
We use the information you provide about
yourself or others to complete the
transaction for which the information is
intended. Such transactions may include:
administering a service, such as search,
community, advertising sales, ecommerce;
completing an order; replying to support
requests; or contacting you if you have
granted us permission to do so. Except
as provided in this Privacy Policy and
the End-User Agreement, we do not share
this information with outside parties
without your permission except to the
extent that is necessary to administer
the services we offer our Clients and
End-Users or to comply in responding to
subpoenas, court orders or other legal
proceedings.
From time to time, we also use the
information you provide about yourself
or others to inform you of additions or
improvements to the KitchenerMatch
services.
Finally, we never use or share the
personally identifiable information
provided to us online in ways or for
reasons unrelated to the ones described
above without also providing an
opportunity to opt-out or otherwise
prohibit such unrelated uses.
Our Commitment to Data Security
To prevent unauthorized access, maintain
data accuracy, and ensure the
appropriate use of information, we have
put in place appropriate physical,
electronic, and managerial procedures
reasonably designed to safeguard and
secure the information we collect
online. Personnel who have access to our
database are trained to maintain and
secure all information.
External Links
The Service may from time to time
contain links to other Internet sites
and resources ("External Links"). You
acknowledge that we are not responsible
for, and have no liability as a result
of, the availability of External Links
or their contents. We suggest that you
review the terms of use and privacy
statement of such External Links prior
to use of them.
No Warranties
The Service is distributed on an "as is"
basis. We do not warrant that this
Service will be uninterrupted or
error-free. There may be delays,
omissions, and interruptions in the
availability of the Service. Where
permitted by law, you acknowledge that
the Service is provided without any
warranties of any kind whatsoever either
express or implied, including but not
limited to the implied warranties of
merchantability and fitness for a
particular purpose. You acknowledge that
use of the Service is at your own risk.
We do not represent or endorse the
accuracy or reliability of any member
profile, advice, opinion, statement or
other information displayed, uploaded or
distributed through the Service by
KitchenerMatch, our partners or any user
of the Service or any other person or
entity. You acknowledge that any
reliance upon any such opinion, member
profile, advice, statement or
information shall be at your sole risk.
We do not represent or endorse the
accuracy or reliability of any advice,
opinion, statement or
other information displayed, uploaded or
distributed through the Service by
KitchenerMatch or any user of the Service
or any other service. Your continued use
of the Service now, or following the
posting of notice of any changes in this
Agreement, will constitute a binding
acceptance by you of this Agreement, or
any subsequent modifications. It is
your responsibility to review these
terms, and Agreement.
How You Can Access or Update Your
Information
Clients can access their
personally identifiable information that
KitchenerMatch collects online and
maintains by logging in to their
password-protected account and selecting
"Change Profile."
To protect your privacy and security, we
will take reasonable steps to verify
your identity before granting access or
making corrections to your information.
How to Contact Us
Should you have other questions or
concerns about this privacy policy,
please contact us by e-mail at
info@KitchenerMatch.com |
