KiteZone.com (collectively, “KiteZone.com”, “Company”, “we” or “us” or “our”) is a lifestyle website with a particular, albeit not exclusive, focus on wedding-related information for the modern bride. The services offered by KiteZone.com include the KiteZone.com Website located at KiteZone.com or any sub domain of KiteZone.com and any other feature, content or applications offered from time to time by KiteZone.com in connection with the Website whether accessed directly or through our application for mobile devices (collectively, the “KiteZone.com Website” or “Website” or “KiteZone.com Services” or “Services”). The KiteZone.com Website and Services are hosted in the United States.
KiteZone.com may modify and update this Agreement from time to time in our sole discretion and each modification and/or update will be effective immediately when it is posted on the KiteZone.com Website. You agree to be bound to any changes to this Agreement through your continued use of the KiteZone.com Services. You will not be notified of any modifications to this Agreement, so it is important that you review this Agreement regularly to ensure you are aware of any changes, as they are binding on you.
Additionally, KiteZone.com reserves the right to withdraw or amend the Website and any or all Services provided, in our sole discretion at any time without notice. KiteZone.com will not be liable if for any reason any or all of the Website or Services are unavailable at any time or for any period. From time to time we may restrict access to some parts of the Website, or the entire Website or Visitors or Users.
We urge you to think before you upload, submit or embed content. This agreement permits you to upload to, submit to or embed on the KiteZone.com website only photos or other content that you own the copyright to or otherwise have the right to publish. By uploading, submitting or embedding photos or other content that you do not own the copyright to or do not otherwise have the right to publish, you may subject yourself to legal liability. It is your responsibility to ensure you have adequate rights to publish to the KiteZone.com website all photos and other content you post.
This Agreement shall remain in full force and effect while you use the KiteZone.com Services or are a Visitor or User. KiteZone.com may terminate your use of the KiteZone.com Website or the KiteZone.com Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
Non-commercial Use by Members
The KiteZone.com Services are for the personal use of Visitors and Users only and may not be used by you in connection with any commercial endeavors except those that are specifically endorsed or approved by KiteZone.com. Illegal and/or unauthorized use of the KiteZone.com Services, including but not limited to collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the KiteZone.com Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the KiteZone.com Services.
- KiteZone.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you upload to, submit to, or embed on the KiteZone.com Website. You represent and warrant that you own the User Content posted by you on or through the KiteZone.com Website or that you otherwise have sufficient right, title and interest in and to such User Content to grant KiteZone.com the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the KiteZone.com Website.
- After posting, uploading or embedding User Content to the KiteZone.com Website, you continue to retain such rights in such User Content as you held prior to posting such User Content on the KiteZone.com Website and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing (“posting”) any User Content on or through the KiteZone.com Website, you hereby grant to KiteZone.com a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User Content through any manner, mode of delivery, or media now known or developed in the future. Where possible, photographs used on the KiteZone.com Website and in any KiteZone.com publication will include attribution to the photographer and/or copyright holder. As part of the non-exclusive license you grant to KiteZone.com, you agree to allow other Users of the KiteZone.com Website and KiteZone.com Services to add your User Content to their KiteZone.com Inspiration Board(s) and post these Inspiration Board(s) on other websites provided that such use is for non-commercial purposes only.
- Without this license, KiteZone.com would be unable to provide the KiteZone.com Services or its publications. For example, the license you grant to KiteZone.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to KiteZone.com), fully-paid and royalty-free (meaning that KiteZone.com is not required to pay you for the use of the User Content that you post), sublicensable (so that the User Content you post on the KiteZone.com Website is able to be distributed for wide exposure via KiteZone.com’s network affiliates; third party content providers; and subcontractors, such as Internet content delivery networks, to provide the KiteZone.com Services), and worldwide (because the Internet and the KiteZone.com Services are global in reach).
- This license will terminate at the time you remove your User Content from the KiteZone.com Website except as to any User Content that KiteZone.com has sublicensed prior to your removal of your User Content from the KiteZone.com Website, which license shall continue in perpetuity. To remove User Content, please send a request to firstname.lastname@example.org and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the KiteZone.com Website. We will remove the item(s) as quickly as possible and in line with our record retention policies.
- The KiteZone.com Services contain Content owned by KiteZone.com (“KiteZone.com Content”). KiteZone.com Content is protected by copyright, trademark, patent, trade secret and other laws, and KiteZone.com owns and retains all rights in the KiteZone.com Content and the KiteZone.com Services. KiteZone.com hereby grants you a limited, revocable, non-sublicensable license to view the KiteZone.com Content (excluding any software code) solely for your personal use in connection with viewing the KiteZone.com Website and using the KiteZone.com Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any KiteZone.com Content appearing on or through the KiteZone.com Services.
- The KiteZone.com Services contain Content of other Users and other KiteZone.com licensors (“Third Party Content”) and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the KiteZone.com Website and using the KiteZone.com Services pursuant to the terms contained herein. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the KiteZone.com Website.
Content Uploaded, Submitted, Embedded
- Please choose carefully the User Content that you upload to, submit to, or embed on the KiteZone.com Website and that you provide to other Users as you are solely responsible for your User Content and for any liability that may result from the User Content you post. You expressly agree that you will not upload to, submit to, or embed on the KiteZone.com Website or include in your KiteZone.com dashboard(s) any User Content that violates this Agreement or that is contrary to the purposes of the KiteZone.com Services, that may be offensive, illegal or violate the rights of, harm, or threaten the safety of any person, or that presents any business or individual in a negative light. You further agree that you will not upload to, submit to or embed on the KiteZone.com Website or include in your KiteZone.com dashboard(s) any photographs or video containing nudity, or obscene, lewd, violent, harassing, libelous, sexually explicit or otherwise objectionable subject matter or any content owned by third parties for which you do not have the right to post, display or publish.
- KiteZone.com does not endorse or guarantee the accuracy, efficacy, or veracity of the User Content posted by you or other Users. You acknowledge that we have no way to monitor all User Content that is uploaded to or embedded on the KiteZone.com Website and that despite our reasonable efforts to ensure that all User Content is consistent with the purposes of the KiteZone.com Services, Users may post User Content that contains illegal, inaccurate, libelous, inappropriate, offensive or sexually explicit material, products or services, and KiteZone.com assumes no responsibility or liability for this material. KiteZone.com makes no warranties, express or implied, as to any aspect of the User Content uploaded or embedded by you or other Users or to the reliability of the User Content or any material or information that you or other Users transmit to other Users or Visitors via KiteZone.com Services. If you become aware of any inappropriate User Content on the KiteZone.com Website or any misuse of KiteZone.com Services by any person, please contact KiteZone.com at email@example.com.
- KiteZone.com reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content you provide, or to restrict, suspend, or terminate your access to all or any part of KiteZone.com Services at any time, for any reason or for no reason, with or without prior notice, and without liability to you or any third party.
KiteZone.com reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the KiteZone.com Website and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that KiteZone.com deems to be inappropriate:
- Content that criticizes a business or individual beyond that of merely offering an opinion;
- Content that harasses or advocates harassment of another person;
- Content that exploits people in a sexual or violent manner;
- Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- Content that includes racially, ethically, or otherwise objectionable language;
- Content that is libelous, defamatory, or otherwise tortious language;
- Content that solicits personal information from anyone under 18;
- Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and
- Content that includes a photograph of another person that you have posted without that person’s consent.
KiteZone.com’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and KiteZone.com expressly reserves the right to investigate, report and take appropriate legal action against anyone who, in KiteZone.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the KiteZone.com Services:
- copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Third Party Content or KiteZone.com Content appearing on or through KiteZone.com Services;
- criminal or tortious activity, including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- covering or obscuring the banner advertisements on your personal profile page, or any KiteZone.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the KiteZone.com Services or the networks or services connected to the KiteZone.com Services;
- attempting to impersonate another User, person, or representative of KiteZone.com;
- creating a false or misleading profile or KiteZone.com page;
- using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile, without our permission;
- using any information obtained from KiteZone.com Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the KiteZone.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, using KiteZone.com’s name to broker favorable discounts with vendors, or sending private messages with a commercial purpose; or
- using the KiteZone.com Services in a manner inconsistent with any and all applicable laws and regulations.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to KiteZone.com or others (including without limitation Third Party Content or KiteZone.com Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. Without limiting the foregoing, if you believe that your work has been copied and posted on the KiteZone.com Website in a way that constitutes copyright infringement, please contact firstname.lastname@example.org for information about how to file a take-down notice. It is the policy of KiteZone.com to terminate Users who are deemed to be repeat offenders in the sole discretion of KiteZone.com.
You are solely responsible for your interactions with other KiteZone.com Users. KiteZone.com reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
Promotions and Giveaways
From time to time, KiteZone.com will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information is shared with. KiteZone.com encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway, it may be binding on you
Disclaimer of Warranties
Without limiting the generality of the foregoing, KiteZone.com is not responsible for any incorrect or inaccurate Content posted on the KiteZone.com Website or in connection with the KiteZone.com Services. User Content created and posted on the KiteZone.com Website may contain links to other websites. KiteZone.com is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by KiteZone.com. Inclusion of any linked website on the KiteZone.com Website does not imply approval or endorsement of the linked website by KiteZone.com. When you access these third-party sites, you do so at your own risk. KiteZone.com takes no responsibility for third party advertisements which are posted on this KiteZone.com Website or through the KiteZone.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. KiteZone.com is not responsible for the conduct, whether online or offline, of any User of KiteZone.com Services. KiteZone.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. KiteZone.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the KiteZone.com Services or combination thereof, including any injury or damage to Users or to any person’s computer including but not limited to viruses or other harmful material that may infect your computer equipment, programs or data related to or resulting from participation or downloading materials in connection with the KiteZone.com Services or any website linked to it. Under no circumstances shall KiteZone.com be responsible for any loss or damage, including personal injury or death, resulting from use of the KiteZone.com Services, attendance at a KiteZone.com event, from any Content posted on or through the KiteZone.com Website, or from the conduct of any Users of the KiteZone.com Services, whether online or offline. KiteZone.com cannot guarantee and does not promise any specific results from use of the KiteZone.com Services.
THESE DISCLAIMERS APPLY TO HOUSEHOW.COM AND ANY OF OUR EMPLOYEES AND AGENTS.
Limitation of Liability
In no event shall KiteZone.com or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of KiteZone.com be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if KiteZone.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, KiteZone.com’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, paid by you to KiteZone.com for the KiteZone.com services during the term of your use. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that KiteZone.com shall not be liable for user content or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Some jurisdictions have consumer protection and other laws that may apply to the services and that do not allow certain provisions such as limitations of liability and exclusion of certain warranties, among others. To the extent that a limitation, exclusion, restriction or other provision set out herein is specifically prohibited by applicable law, such limitation, exclusion, restriction or provision may not apply to you.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
This Agreement is accepted upon your access and use of the KiteZone.com Website or any of the KiteZone.com Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and KiteZone.com regarding the use of the KiteZone.com Services. The failure of KiteZone.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. KiteZone.com is a trademark of KiteZone.com, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Waiver and Severability of Terms
The failure of KiteZone.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be permanently barred.
Please contact us at email@example.com with any questions regarding this Agreement.