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Terms and Conditions

 

KimmiesKubby.com Terms and Conditions of Use

Please read these Terms of Use carefully before registering or using KimmiesKubby.com. If you do not accept these Terms of Use, then you may not use KimmiesKubby.com. These Terms of Use are subject to change by KimmiesKubby.com at any time, effective when posted on KimmiesKubby.com. Your continued use after such notice will constitute acceptance by you of such changes.

Use of KimmiesKubby.com
You may use KimmiesKubby.com solely for personal and non-commercial purposes only and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. KimmiesKubby.com is strictly for entertainment purposes.

Registration
You may use KimmiesKubby.com without registration, but in order to take advantage of some aspects of KimmiesKubby.com, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

Your License to KimmiesKubby.com
KimmiesKubby.com may provide you with an opportunity to share and upload, or submit to public forums, contests, sweepstakes, programs or other aspects of KimmiesKubby.com, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as “Content”). You hereby grant KimmiesKubby.com a perpetual license to use, redact, republish, copy, sell, distribute, perform and distribute your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you as part of KimmiesKubby.com or in support of KimmiesKubby.com through advertising and marketing. You acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms of Use. You also agree to waive any moral rights, or right to any residual payment associated with Content if such Content is published, sold, distributed, or otherwise commercially exploited.

Acceptable Use Policy
KimmiesKubby.com expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to KimmiesKubby.com at info@letstalkfirearms.com.

You are solely responsible for the Content that you post on KimmiesKubby.com or transmit to other users and agree that you will not hold KimmiesKubby.com responsible or liable for any Content from other users that you access on KimmiesKubby.com.

Categories of prohibited Content below are merely examples and are not intended to be exhaustive. KimmiesKubby.com will make the sole determination as to whether or not Content is acceptable for KimmiesKubby.com. Without limitation, you are that you will not post or transmit to other users anything that contains Content that:

  • is defamatory, abusive, obscene, profane or offensive;
  • infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on KimmiesKubby.com);
  • violates any party’s right of publicity or right of privacy;
  • is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • promotes or encourages violence;
  • is inaccurate, false or misleading in any way;
  • is illegal or promotes any illegal activities;
  • contains personal information of any party such as phone numbers, addresses, license plate numbers etc;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

KimmiesKubby.com is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with this Terms of Use. KimmiesKubby.com will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit or remove any Content at any time without notice.

You understand that when using KimmiesKubby.com, you will be exposed to Content from a variety of sources, and that KimmiesKubby.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use KimmiesKubby.com.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on KimmiesKubby.com. Further, you may not use any such automated means to manipulate KimmiesKubby.com or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, KimmiesKubby.com to any third party.

Voting
From time to time certain aspects of KimmiesKubby.com may involve voting through a variety of mechanisms potentially including web-based and/or mobile voting. KimmiesKubby.com reserves the right to adjust the outcome of any voting associated with KimmiesKubby.com if it believes, in its sole discretion, that any mechanism of fraud, abuse, or automated voting has influenced the result. Furthermore, KimmiesKubby.com will consider the outcome of voting in association with KimmiesKubby.com, but may use other factors in addition to voting to determine various aspects of KimmiesKubby.com associated with voting.

Termination of Access
In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to KimmiesKubby.com, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Privacy
The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our privacy policy.

Links
This Service may contain links to other web sites not maintained by us. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to KimmiesKubby.com by a party other than KimmiesKubby.com. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. Despite any links that might exist on KimmiesKubby.com, we do not endorse and are not affiliated with such third parties.

Our Proprietary Rights
KimmiesKubby.com or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with KimmiesKubby.com. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by KimmiesKubby.com.

No Warranties
KIMMIESKUBBY.COM, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH KIMMIESKUBBY.COM, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON KIMMIESKUBBY.COM. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN KIMMIESKUBBY.COM OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT KIMMIESKUBBY.COM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF KIMMIESKUBBY.COM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser fifty dollars ($50).

Revisions and Errata
The materials appearing on KimmiesKubby.com’s web site could include technical, typographical, or photographic errors. KimmiesKubby.com does not warrant that any of the materials on its web site are accurate, complete, or current. KimmiesKubby.com may make changes to the materials contained on its web site at any time without notice. KimmiesKubby.com does not, however, make any commitment to update the materials.

Indemnity
You agree to defend, indemnify and hold harmless KimmiesKubby.com, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on KimmiesKubby.com (except to the extent a claim is based upon infringement of a third party right by materials created by KimmiesKubby.com) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Governing Law
The laws of the State of California shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF KimmiesKubby.com.

Any claims asserted by you in connection with KimmiesKubby.com must be asserted in writing to KimmiesKubby.com within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via KimmiesKubby.com by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with KimmiesKubby.com for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on KimmiesKubby.com.

If you believe any materials on KimmiesKubby.com infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. 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 us to locate the material;
  4. Information reasonably sufficient to permit us 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;
  5. 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
  6. 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.

All DMCA notices should be sent to our designated agent as follows:

Email: kimmieskubby@gmail.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Severability
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information
Should you have any questions you may contact us via the KK Contact Us Form or by email at kimmieskubby@gmail.com.

Changes to our Terms and Conditions
If we decide to change our terms and conditions, we will post those changes on this page, and/or update the Terms and Conditions modification date below.

These Terms and Conditions of Use were last revised on 2015-08-01.

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