WEB SITE TERMS & CONDITIONS OF USE
Kimbertalk.com is owned and operated by Second Media Corp. (“Second Media”, “we”, “our”, “us”), an Ontario corporation.
Kimbertalk.com reserves the right to change these terms and conditions at any time, and you agree that each visit you make to Kimbertalk.com shall be subject to the current terms and conditions as published on our website at www.Kimbertalk.com (the 'Web Site').
By accessing Kimbertalk.com you are agreeing to be bound by these Web Site Terms & Conditions of Use and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to Kimbertalk.com shall be governed by the laws of the Province of Ontario, Canada. The materials contained on the Web Site are protected by applicable copyright and trademark laws.
Unless expressly permitted by supplemental terms, our sites and services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized.
Electronic forums such as email distribution lists, web-based forums, and classified advertising lists that may be provided by Kimbertalk.com have ground rules and established etiquette for posting messages or material to these forums. Users should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. You may not use the Web Site to impersonate another person or misrepresent that you have authorization to act on behalf of Kimbertalk.com or any other party. All messages transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users. email accounts, or any other attempt at 'hacking', is prohibited, and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.
Disclaimer and Limitation of Liability
Throughout the Web Site we have provided links and pointers to Internet sites maintained by third parties, sometimes through third party advertisements. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor any of our respective affiliated companies operate or control in any respect any information, products or services that third parties may provide on or through the Web Site or on websites linked to by us on the Web Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED \"AS IS\" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Web Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
The Web Site is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Web Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
Certain sections of the Web Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Web Site or on a site linked to by the Web Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Web Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Web Site.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Web Site. You agree to use the Web Site and to purchase services or products through the Web Site for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
In no event shall Kimbertalk.com or its service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on the Web Site even if Kimbertalk.com has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused 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 record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
The information and opinions expressed in Bulletin Boards, Chat Rooms, or other electronic forums conducted on the Web Site are not necessarily those of Kimbertalk.com or its service providers, affiliates, associates, subsidiaries or partners and Kimbertalk.com makes no representations or warranties regarding that information or those opinions. Neither Kimbertalk.com or its service providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.
Kimbertalk.com hereby grants you a limited license to view on your computer, print, or download any content made available on the Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only. Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trademark, trade name or other proprietary property of Kimbertalk.com or any other party who owns or has proprietary rights to the content, information and materials provided on the Web Site.
Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Kimbertalk.com or by other parties that have licensed their material to Kimbertalk.com. Material from this Web Site or from any other web site owned, operated, licensed or controlled by Second Media may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.
Changes and Improvements
Kimbertalk.com may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on the Web Site including the terms and conditions of your use of this Web Site, without liability.
Due to the nature of the Internet, it is not possible for Kimbertalk.com to restrict access to its web site only to those jurisdictions in which it does business. Some or all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Kimbertalk.com. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.
Kimbertalk.com offers services and programs in many parts of the world. The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that Kimbertalk.com intends to offer such service or programs in all countries or locations.
Unless otherwise specified, the materials contained on the Web Site are presented solely for the purpose of providing information to persons primarily located in Ontario, Canada. This site is controlled and operated by Second Media from its offices in Toronto, Ontario, Canada. Kimbertalk.com makes no representation that any of the materials contained in the Web Site are appropriate or available for use in other locations or jurisdictions. Those who choose to access this site 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.
This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada and users of the Web Site irrevocably attorn to the jurisdiction of the courts of the Province of Ontario. Any provisions of this Agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
By posting/sending a message in any public electronic forum on the Web Site, you agree to have that message along with your name and/or user name posted for public viewing both here and in other promotional and advertising materials and on other Second Media web sites, without compensation. Kimbertalk.com does not undertake to necessarily post every submission. All messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of Kimbertalk.com or Second Media. You may copy the posted messages for personal use, but redistribution in any way requires the written permission of Kimbertalk.com. In consideration of this authorization, you agree that any copy you make of any message(s) located on this web site shall retain all copyright and other proprietary notices contained therein.
You represent and warrant that: (i) you own the content posted by you on or through the Web Site or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You agree to grant to Kimbertalk.com, Second Media and its subsidiaries, a non exclusive, royalty free, worldwide, irrevocable, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of Kimbertalk.com or which you provide by email or any other means to Kimbertalk.com and in any media now known or hereafter developed. Further, you grant to Kimbertalk.com the right to use your name and or user name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto, together with use on any other Second Media web sites. You agree that you shall have no recourse against Second Media for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Kimbertalk.com.
In order to maintain an informative and valuable service that meets the needs of the users of the Web Site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.
You may not:
You agree to indemnify Kimbertalk.com and Second Media and each of its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing, or other provisions of these Terms and Conditions of Service.
You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Web Site through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions of Service. We also reserve the right to deny access to the Web Site or any features of the Web Site to anyone, for any reasons, including as a result of persons who violate these Terms and Conditions of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.
Acting as a moderator of a forum on Kimbertalk.com is an unofficial, volunteer role. Moderators are not employees, contractors or agents of Kimbertalk.com or Second Media. Second Media and Kimbertalk.com are not responsible for actions or inactions of moderators.
If you act as a moderator, you agree that:
Kimbertalk.com has adopted and implemented a copyright policy in accordance with the Digital Millennium Copyright Act of 1998. For more information, please refer to our copyright policy at Kimbertalk.com/help/copyright
In appropriate circumstances and at our sole discretion, we may disable and/or close the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
To use certain features of the Web Site, you will need a username and password, which you will receive through the Web Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
The Web Site may include certain classified advertising services. When you submit a classified ad for publication on the Web Site, you agree that the advertisement as it appears on the Web Site becomes our property and you assign all ownership interest in the advertisement as it appears on the Web Site under copyright law or otherwise to us. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and require proper punctuation. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole discretion.
Kimbertalk.com is a participant in the Amazon Services LLC Associates Program and other similar affiliate advertising programs which are designed to provide a means for us to earn fees by linking to such affiliates' websites such as Amazon.com. Kimbertalk.com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users of Kimbertalk.com, with our own internal tracking. You agree not to post or otherwise make available content that constitutes or contains "affiliate marketing," "link referral code," or "unsolicited commercial advertisement."
We may cancel or terminate your right to use the Web Site or any part of the Web Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Web Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Web Site, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Service, shall survive.