These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Kinkade Collector does not claim any ownership of any Intellectual Property Rights in your User Generated Content, which include any text, files, images, photos, videos, or works of authorship that you contribute to the Website (but shall not include any content, materials or information that you have downloaded, copied or otherwise obtained from the Website). After posting User Generated Content, you retain all rights of ownership and you may use the User Generated Content in any way you choose (provided it does not breach any of these Terms and Conditions).
You represent and warrant that you own the Intellectual Property Rights in and to all User Generated Content that you submit to the Website or you are otherwise entitled to submit the same to the Website. You agree that you shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this clause.
You hereby grant us the right to publicly perform, reproduce, display, modify, manage, distribute and store any of Your User Generated Content as part of the Website or as part of any materials used to promote or advertise the Website and/or the trademark Reactable anywhere in the world. You are free to use Your User Generated Content outside of our Website in any way You choose and in turn we shall not distribute or sell any of Your User Generated Content outside of our Website without your permission.
You may view, download for caching purposes only, and print pages or other content or images from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Jovanna Brooks' express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of the website owner.
Access to certain areas of this website is restricted. Kinkade Collector reserves the right to restrict access to areas of this website, or indeed this entire website, at the website owner's discretion.
If Kinkade Collector provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Kinkade Collector may disable your user ID and password in the website owner's sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Kinkade Collector a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Kinkade Collector the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Kinkade Collector or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Kinkade Collector reserves the right to edit or remove any material submitted to this website, or stored on Kinkade Collector servers, or hosted or published upon this website.
Notwithstanding this website owner's rights under these terms and conditions in relation to user content, Kinkade Collector does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Kinkade Collector makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Kinkade Collector does not warrant that:
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Kinkade Collector will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if Kinkade Collector has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Kinkade Collector liability in respect of any:
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Kinkade Collector has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Kinkade Collector's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Kinkade Collector's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Kinkade Collector.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Kinkade Collector and undertake to keep Kinkade Collector indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Kinkade Collector to a third party in settlement of a claim or dispute on the advice of Kinkade Collector's legal advisers) incurred or suffered by Kinkade Collector arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Without prejudice to Kinkade Collector's other rights under these terms and conditions, if you breach these terms and conditions in any way, Kinkade Collector may take such action as Kinkade Collector deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Kinkade Collector may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Kinkade Collector may transfer, sub-contract or otherwise deal with Kinkade Collector's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Kinkade Collector in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
These terms and conditions will be governed by and construed in accordance with the state of Massachusetts, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Massachusetts.
We created these website terms and conditions with the help of a free website terms and conditions form developed by Contractology and available at www.SmartAdmin.com.