TERMS OF USE

Last Updated: September 3, 2019
Please read the following terms and conditions ("Terms of Service" or the "Agreement") carefully before using the Services (as defined below) offered by Kippsy Co. ("Kippsy", the "Company", "we", "us", "our").

These Terms of Service govern your use of
www.kippsy.com
(the "Site") and/or the other domains, products, linked pages, features, services, and/or content (including without limitation any mobile or tablet application services) provided by Kippsy (all of those collectively with the Site, the "Services").

By accessing, viewing, or using this Site or the content, material, services or any other item or offering available on or through this Site, you agree that you have read and agree to be bound by and become a party to these Terms of Service, to the exclusion of all other terms. If the terms of this Agreement are considered an offer, acceptance is expressly limited to such terms. If you do not unconditionally agree to all the terms and conditions of this Agreement, you have no right and are not granted permission to use the Site or the Services. Use of the Services is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms. We reserve the right, in our sole discretion, to modify these Terms of Service at any time by posting a notice on the Site or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

Use of the Site and the Services are available only to individuals at least 18 years of age, and to individuals between 13 and 18 years of age who have their parent’s consent to use the Site and to be bound by these Terms of Service. If you are not at least 18 years of age, or if you are between 13 and 18 years of age but do not have your parent’s consent to use the Site and to be bound by these Terms of Service, you are not granted any right or permission to use the Site and you must exit the Site immediately.

Kippsy is for your personal, non-commercial use.


User Information, User Generated Materials and Website Content


You represent that all of the information, data and other materials you post, upload, share, store, or otherwise provide through this Website or to Kippsy through any other means (“User Submissions”) are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided, as appropriate. Some features that may be available on this Website require registration. By registering, you agree to provide true, accurate, current and complete information about yourself and event. You are responsible for all the activity on your account and for keeping your password confidential. If you find that someone is using your account without your permission, please report this to
[email protected]
.

This Site may allow you to directly or indirectly post, select, designate, or provide information, photographs, and other materials to this Site. Kippsy does not guarantee the accuracy or completeness of any postings or other contributions to the Site and is not responsible or liable for any postings or other contributions. By posting, selecting, designating, or providing information, photographs, and/or other materials (“User Materials”), you represent, warrant, and covenant that you have the full legal right to post, select, designate, and/or provide the User Materials and that use of the User Materials by you, Kippsy, and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene or otherwise violate any community or Internet standard; (e) contain any viruses, trojan horses, worms, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (f) result in product liability, tort, breach of contract, personal injury, death, or property damage; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party. Upon your posting, selecting, designating, or providing of User Materials, you grant Kippsy, and Kippsy thereby accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, the User Materials for the purpose of providing the Site and Site products and services and for all other business purposes of Kippsy, all without any compensation to you whatsoever. Further, Kippsy is free to use any ideas, concepts, photographs, methods, know-how, techniques, and processes contained in any User Materials for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information. Kippsy may remove User Materials from the Site for any or no reason, in Kippsy’s sole discretion, with or without notice. Kippsy shall not be responsible for changes, modifications, or removal any User Materials. If you believe that any content or postings on this Site violate your intellectual property or other rights, please contact
[email protected]
.

The materials displayed or performed or available on or through the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, User Submissions, downloads, interfaces, code and software, as well as the selection and arrangement thereof) (“Content”) is the exclusive property of its owner (Kippsy and/or its licensors and/or partners) and is protected by copyright, trademark and other applicable laws. Without Kippsy’s or the owner/rights holder’s prior written consent you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any Content in any way for any purpose, including using Content on any other website. However, you may print pages from this Website for personal, non-commercial use, provided that you include a copyright notice on each page.


Kippsy Scout Program Terms


The Kippsy Scout Program is a referral program that allows registered Kippsy users to earn money by referring friends to Kippsy. To participate, Kippsy users must agree to these terms, which become part of the Kippsy Policies. Participation will require the approval of Kippsy Scout application by the Kippsy team. Once participation in the program has been approved, the user will receive a unique Kippsy Scout link that users may share to receive credit for referrals. This unique link will be shared via email and can also be accessed HERE once approved.

How to earn money through Kippsy Scout Program

Kippsy Scout participants will receive $20 for each referral if: (i) a referred friend clicks on their referral link to directly create a valid Kippsy account that complies with our Terms of Service; and (ii) the referred friend creates their first registry using this registered account; and (iii) the event collects at least $100 in experience-based gifts or charities.

Redeeming Referral Funds

The referring Kippsy Scout participant will have funds transferred to the bank account user has shared with Kippsy. Funds collected will be transferred to bank account in the estimated time stated on our website.

Referral funds may not be earned by creating multiple Kippsy accounts. Referral funds accrued in multiple Kippsy accounts may not be combined into one Kippsy account.


Kippsy Scout Referring Participant Roles and Responsibilities

The referring user is responsible for providing full and accurate information upon registering for the Kippsy Scout Program and keeping the profile up-to-date. Failure to provide accurate information may result in any of the following: exclusion from the Program, suspension or termination from the Kippsy Scout Program, forfeiture of any commissions.

Kippsy reserves the right to contact the referring user and request additional data regarding all the websites where the referring user promotes Kippsy and the promotional practices used by the user, to which the user is required to provide truthful and detailed information. Failure to provide accurate and truthful information when requested by Kippsy may result in suspension or termination of the user account and forfeiture of any commissions.

If Kippsy detects a pattern in the practices used by the Kippsy scout participant that results in possible revenue losses, it reserves the right to suspend or terminate the ambassador account and forfeit commissions. Kippsy scout participant may share referral link on personal and/ or business websites, social channels, blog posts and other acceptable uses may apply.


INAPPROPRIATE USE OF THE UNIQUE AMBASSADOR LINK

  • Using any illegal or spam method of advertising like unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards, etc.
  • Bidding on keywords and phrases containing the “Kippsy” trademark, or variations or misspellings of the trademarked term on pay per click or pay per impression campaigns on search engines (Google, Yahoo, MSN, Ask, Bing, or other) without prior approval by The Company. Kippsy Scout participants are not allowed to use Kippsy as a display URL in pay per click ads or to direct-link or redirect to Kippsy.
  • Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods. Providing cash back incentives, rewards or any other kind of incentives to obtain the sale without prior approval of the Company.
  • Using the Company’s advertising materials, trademark or name in a way that compromises the Company’s image.
  • Using iframes or any other techniques or technology that places your ambassador tracking cookie by any means other than an actual click-through.
  • Using link cloaking or masking techniques or technology with the goal to promote Kippsy on websites and/or networks not explicitly mentioned in the Kippsy Scout participant’s profile and to hide that traffic source.
  • The Company has the sole right to decide if a promotional method used by the participant is appropriate. In case the Company deems an advertising method used by the participant to be inappropriate, the result could be a warning, suspension or termination of the participant account, and the withholding of commissions.
  • The Kippsy Scout participant is required in accordance with FTC (http://www.ftc.gov/) advertising regulations to disclose the participant relationship with the Company on their website.
  • Kippsy Scout participant websites must NOT contain lewd, obscene, illegal or pornographic material, or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, and all content of an adult nature. The designation of any materials as described above is left entirely to the discretion of the Company.
  • The Kippsy Scout participant website(s) and/or domain name(s) must NOT contain keywords and phrases containing the “Kippsy” trademark or any other variations or misspellings confusingly similar to the Company trademark, name or domain name. The Company reserves the right to suspend all ambassador accounts and withhold commissions in case of noncompliance.

Termination and Change

Kippsy may suspend or terminate the Kippsy Scout Program or a user’s ability to participate in the Referral Program at any time and for any reason. We reserve the right to suspend or revoke participation in the Kippsy Scout Program if it is determined that the applicant is unsuitable for the Program for any reason. Requirements and incentives may also change at any time. Referral funds earned through fraudulent activities are null and void. We reserve the right to suspend accounts or remove referrals if we notice any abuse or fraudulent activities. We reserve the right to suspend, cancel, or modify referrals, as we deem fair and appropriate.

LIMITATION OF LIABILITY

BY PARTICIPATING IN THE KIPPSY SCOUT PROGRAM, YOU ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY AND AGREE THAT KIPPSY WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE KIPPSY SCOUT PROGRAM, EVEN IF KIPPSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE KIPPSY SCOUT PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO THE KIPPSY SCOUT PROGRAM UNDER THIS AGREEMENT DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

Updates to the Terms

We can update these terms at any time without any prior notice. All modifications to the terms will be posted on our website, which are effective upon posting. Continued participation in the Kippsy Scout Program after any modifications shall constitute consent to such modification. If the modified terms are not acceptable, the only recourse is to stop sending referral links and/or participating in the Kippsy Scout Program.



Third Party Content, Sites, and Services


Kippsy and Content available through the Site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Kippsy including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with companies and/or individuals found on or through the Site or Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations, sites, and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Kippsy may, in its sole discretion, choose to not process or to cancel your order in certain circumstances Kippsy deems appropriate in its sole discretion. Kippsy reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Kippsy will either not charge you or refund the charges for orders that we do not process or cancel.

Kippsy strives to provide accurate descriptions of products and services on the Site. We do not warrant, however, that the descriptions of any products or services provided by any other party are accurate, complete, reliable, current or error-free. If a product or service offered on the Site is not as described, your sole remedy is to return the item, as specified in these Terms of Service. If this occurs, Kippsy will notify you by email. Kippsy reserves the right, at its sole discretion, to correct any error.

You agree that Kippsy shall not be responsible or liable for any direct, indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever, or any loss of profits, revenue, data, use, good-will or other intangible losses relating to any conduct or content of any third-party to which you are connected or linked through the Site, featured anywhere among the Services, and with whom you enter into any relationship via the Site. If you are subject to any dispute between users, sites, or any third party, you understand and agree that Kippsy is under no obligation to become involved. In the event that you have a dispute with one or more third party, sites, or organizations, you hereby release Kippsy, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in this Agreement, so the limitations above may not apply to you.

Kippsy is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to
www.amazon.com
.


Notification of Claims of Infringement


Kippsy respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Kippsy, at:
[email protected]
.

To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located (iv) information reasonably sufficient that we may contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.

Counter-Notice: If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user content, you may send a written counter-notice containing the following information to our designated “copyright agent” at:
[email protected]
.

To be effective, the notice must include: (i) your physical or electronic signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; (iv) and your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within Southern District of New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our copyright agent, Kippsy will send a copy of the counter-notice to the original complaining party.


Repeat Infringer Policy


In accordance with the Digital Millennium Copyright Act and other applicable law, Kippsy has adopted a policy of terminating, in appropriate circumstances and at Kippsy’s sole discretion, users who are deemed to be repeat infringers. Kippsy may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Privacy Statement


At Kippsy we respect the privacy of our users. For details please see our
Privacy Policy
. By using the Service, you consent to our collection and use of personal data as outlined therein.


Disclaimer of Warranty and Liability


THIS SITE AND THE CONTENT AND ALL PRODUCTS OFFERED OR ADVERTISED BY ANY THIRD-PARTY ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THIS SITE, THE SERVICES, THE CONTENT, AND ANY PRODUCTS FEATURED THEREIN IS ENTIRELY AT YOUR OWN RISK. KIPPSY MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE SERVICES, THE CONTENT, THE USER MATERIALS, ANY PRODUCTS SOLD, ADVERTISED, OR FEATURED ON THE SITE, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, AND EFFORT WITH REGARD TO THE SITE AND ANY AND ALL CONTENT AND USER MATERIALS IS WITH YOU. KIPPSY SHALL NOT HAVE ANY RESPONSIBILITY OR ASSUME ANY LIABILITY FOR ANY DATA, INFORMATION, OR MATERIAL UPLOADED TO THE SITE, MADE AVAILABLE VIA THE SITE, OR TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE CONTENT, OR USER MATERIALS. NEITHER KIPPSY, NOR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE SITE THE CONTENT, THE USER MATERIALS, OR THE USE OF, ACCESS TO, OR INABILITY TO ACCESS OR USE OF THIS SITE THE CONTENT, OR THE USER MATERIALS, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR STRICT LIABILITY), WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF KIPPSY TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE THE CONTENT, OR THE USER MATERIALS EXCEED THE PRICE PAID BY YOU FOR USE OF THIS SITE.

Indemnification


You agree to defend Kippsy and its affiliates, directors, officers, employees, agents, representatives, members, proprietors, partners, shareholders, servants, principals, predecessors, successors, assigns, accountants, attorneys, and contractors (“Kippsy Indemnitees”) against all claims, actions, suits, and other proceedings of third parties arising out of or incurred in connection with: this Site, the Services, the Content, or the User Materials, including any products or services purchased from or offered by any third-party via the Site; your use of this Site, the Content, the Services, and the User Materials; your fraud, violation of law, or willful misconduct; the acts or omissions of any third party; or, any breach by you of these Terms of Service (collectively, “Claims”) and you agree to indemnify and hold all Kippsy Indemnitees harmless from and against all judgments, losses, obligations, risks, liabilities, damages, costs, settlements, and expenses (including, but not limited to, reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Kippsy.

Use of the Internet


Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms of Service or otherwise, neither Kippsy nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Changes to the Site and Content


Kippsy endeavors to keep the Site and Content on, in, and through this Site up-to-date. Without limiting anything else in these Terms of Service or otherwise, Kippsy is not responsible for any errors or omissions in the Site or Content. Kippsy may make changes to the Site or Content, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and Kippsy makes no commitment to update the information contained on or in this Site.

Termination


Kippsy may terminate this Agreement at any time by notifying you via e-mail or written notification. Kippsy may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Kippsy may immediately terminate or suspend your account if it has been flagged for repeat copyright infringement.

Upon termination of your access to or ability to use the Services, the Content, and any User Material will cease immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Kippsy or any third party.


Cash Gift


The Cash Gift Service is a feature offered as a convenience to Kippsy customers. Kippsy reserves the right to freeze or close any account suspected of fraudulent activities or connected to terror or money laundering activity. Accounts may be frozen at the sole discretion of Kippsy or third party service provider until a review has been conducted and the validity of the account is confirmed.

Fees


Creating an account on Kippsy is free. Fees are only charged for cash gifts. Kippsy has the right to change our fee policy and amount. We will provide notice on our website with any changes or updates.

Refund Policy


Kippsy does not offer refunds. Responsibility for holding an event lies entirely with the registry creator. Kippsy does not hold funds on creator’s behalf, cannot guarantee an event taking place, and does not offer refunds. You can refund individual gift givers if you want. After your event has taken place, you can cancel and refund a gift at any time but that responsibility lies with the registry creator. Kippsy does not take part in the refund process. Any refunds dealing with third party websites are not the responsibility of Kippsy and should be communicated with the third party. Kippsy is not responsible for any refunds.

Deleting your Account


You can delete your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you have submitted to the Site. You can contact us at
[email protected]
for additional information.


Product Advertising / Amazon Affiliate


Kippsy is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

Governing Law and Jurisdiction


Except as otherwise expressly provided in any other written agreement between you and Kippsy, these Terms of Service, including, without limitation, the
Privacy Policy
, represent the entire agreement between you and Kippsy with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS OR THE CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF SERVICE OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using any of the works, Content, or materials on this Site, you consent to the exclusive jurisdiction of the federal court located within Southern District of New York, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.


Force Majeure


Kippsy shall be excused from performance under these Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (i) weather conditions or other elements of nature or acts of God, (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (iii) quarantines or embargoes, (iv) labor strikes, or (v) other causes beyond the reasonable control of Kippsy.

Miscellaneous


This Site is controlled and operated by Kippsy from its offices within the United States. Without limiting anything else, Kippsy makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations. Access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable laws. Headings used in these Terms of Service, including, without limitation, the
Privacy Policy
, are for reference only and shall not affect the interpretation of these Terms of Service (or the
Privacy Policy
). The waiver or failure of Kippsy to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any other rights established under these Terms of Service. NEITHER THESE TERMS OF SERVICE, NOR ANY RIGHTS OR OBLIGATIONS UNDER THESE TERMS OF SERVICE, MAY BE ASSIGNED, DELEGATED, TRANSFERRED, OR MADE THE SUBJECT OF A SECURITY INTEREST OR OTHERWISE ENCUMBERED, IN WHOLE OR IN PART, BY YOU WITHOUT THE PRIOR WRITTEN CONSENT OF KIPPSY. ANY ASSIGNMENT IN VIOLATION OF THIS PARAGRAPH SHALL BE VOID.

Kippsy isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between user or between users and any third party relating to the use of the Services. We don’t oversee the validity or actions of events taking place and don’t endorse any content users submit to the Site. When you use the Services, you release Kippsy from claims, damages, and demands of every kind- known or unknown, suspected or unsuspected, disclosed or undisclosed- arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.