Using the KBB Ark Platform.
- Who can use it. You must be at least the age of majority in the country or state where you live to use the Site. Use of the KBB Ark Platform by anyone under 16 years of age is strictly prohibited!
- Acceptable Use Policy. When using the KBB Ark Platform, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our “Acceptable Use Policy.”
- Termination. You may close your account at any time by emailing email@example.com. We may permanently or temporarily suspend your use of the site or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any KBB Ark policy (Acceptable Use Policy).
- Definition of Your Content. The KBB Ark Platform enables you to post material, including without limitation photos, profile pictures, messages, and commentary. You may also post reviews of third-party service providers, third-party products, or third-party services (“Reviews”). All material that you display on the KBB Ark Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the KBB Ark Platform, Your Content may be viewed by the general public and will not be treated as private or confidential.
- License and Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
- Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this agreement. Further, with respect to Your Content in the form of photos, and subject to KBB Ark product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for KBB Ark Business Purposes. “KBB Ark Business Purposes” means any use in connection with a KBB Ark-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the KBB Ark Platform, the services or the information it contains, KBB Ark, or its affiliates. KBB Ark Business Purpose specifically includes the use of Your Content on the KBB Ark Platform in connection with features and functions offered by KBB Ark to our users that enable them to view and interact with Your Content (such as Sketch, View in My Room and the embed tool).
- Your Responsibilities for Your Content. By posting Your Content on the KBB Ark Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party.
You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content.
You are responsible for ensuring that your content does not violate KBB Ark’s Terms & Conditions or any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.
- Limits. We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy). We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content.
Our Content and Materials.
- Definition of Our Content and Materials. All intellectual property in or related to the KBB Ark Platform (specifically including, but not limited to our software, the KBB Ark marks, the KBB Ark logo, and KBB Ark buttons, badges, and widgets, but excluding Your Content), is the property of KBB Ark Inc., its subsidiaries and affiliates or its licensors (“Our Content and Materials”).
- No Endorsement or Verification. Please note that the KBB Ark Platform enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability on the KBB Ark Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the KBB Ark Platform by anyone.
- Restrictions. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. KBB Ark’s permission to you for your use of the KBB Ark Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the KBB Ark Platform. You may view and print a reasonable number of copies of web pages located on the KBB Ark Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to KBB Ark.
- Ownership. You acknowledge and agree that the KBB Ark Platform and KBB Ark marks will remain the property of KBB Ark. The content, information and services made available on the KBB Ark Platform are protected by U.K. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the KBB Ark Platform.
Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF KBB ARK ENTITIES TO YOU.
THE “KBB ARK ENTITIES” MEANS KBB ARK INC., KBB ARK SHOP LLC, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
- WE ARE PROVIDING YOU THE SITE, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE KBB ARK ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- THE KBB ARK ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) PLANTS OR SEEDS FROM THE EXCHANGES, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE KBB ARK ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE KBB ARK ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE KBB ARK ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.