KitchinSink Web Site Disclaimer Agreement
This Web Site is an online information service called www.kitchinsink.com, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. www.kitchinsink.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
YOU MAY
NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant
to www.kitchinsink.com a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to www.kitchinsink.com by all
means and in any media now known or hereafter developed. You also grant
to www.kitchinsink.com the right to use your name in connection with the
submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto. You
agree that you shall have no recourse against www.kitchinsink.com for any
alleged or actual infringement or misappropriation of any proprietary
right in your communications to www.kitchinsink.com.
Use of the Site
You understand that, except for information, products or services
clearly identified as being supplied by www.kitchinsink.com, www.kitchinsink.com does not operate, control or endorse any
information, products or services on the Internet in any way. Except for
www.kitchinsink.com - identified information, products or services, all
information, products and services offered through the Site or on the
Internet generally are offered by third parties, that are not affiliated
with www.kitchinsink.com
a. You also understand that www.kitchinsink.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET
www.kitchinsink.com
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND www.kitchinsink.com SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
www.kitchinsink.com DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
www.kitchinsink.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS. We DO NOT support or promote sexual
materials in any way. But if you ever encounter this, it came from
elsewhere and did not originate with us. We have zero tolerance if we
find out that someone is promoting or displaying any such material be it
sexual, obscene, satanic or violence in nature. All links will be
removed and accounts may be terminated in such cases.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.kitchinsink.com BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF www.kitchinsink.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, www.kitchinsink.com LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
www.kitchinsink.com makes no representations whatsoever about any other
web site which you may access through this one or which may link to this
Site. When you access a non-www.kitchinsink.com web site, please
understand that it is independent from www.kitchinsink.com, and that
www.kitchinsink.com has no control over the content on that web site. In
addition, a link to a www.kitchinsink.com web site does not mean that
www.kitchinsink.com endorses or accepts any responsibility for the
content, or the use, of such web site's materials.
3. Indemnification.
You agree to indemnify, defend and hold harmless www.kitchinsink.com, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing the
Service.
4.
Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of www.kitchinsink.com and its
officers, directors, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Term;
Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of The United States of America applicable to agreements made
and to be performed in The United States of America. You agree that any
legal action or proceeding between www.kitchinsink.com and you for any
purpose concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of
action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. www.kitchinsink.com's failure
to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. www.kitchinsink.com
may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Any rights
not expressly granted herein are reserved.
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COPYRIGHT NOTICE.© 1999-2004 PriorityDigital.com Prepared for:
www.kitchinsink.com ,All rights reserved.
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More Terms of Use and Disclaimer of Liability and Liability to Sellers and Buyers
Part of
this site
acts as a venue for sellers of their own personal products. We have no
control over the quality, safety or legality of the items advertised,
the truth or accuracy of the listings, the ability of sellers to sell
items or the ability of buyers to buy items. KitchinSink will not and
cannot ensure the accuracy of information providing by sellers. It is
the responsibility of each seller to provide accurate information, and
the responsibility of each buyer or potential buyer to verify any and
all information regarding a given item. We cannot ensure that a buyer or
seller will actually complete a transaction.
External Links
Some KitchinSink Web pages may provide links to other Internet sites for the convenience of users. KitchinSink is not responsible for the availability or content of these external sites, nor does KitchinSink endorse, warrant, or guarantee the products, services, or information described or offered at these other Internet sites. Users cannot assume that the external sites will abide by the same Privacy Policy to which KitchinSink adheres. We reserve the right to remove any external link(s) at any time that is not under an agreement with us.
Pop-Up Advertisements
When visiting our Web site, your Web browser may produce pop-up advertisements. These advertisements were most likely produced by other Web sites you visited or by third party software installed on your computer. KitchinSink does not endorse or recommend products or services for which you may view a pop-up advertisement on your computer screen while visiting our site.