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
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
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
How to earn money through Kippsy Scout Program
Redeeming Referral Funds
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
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
LIMITATION OF LIABILITY
Updates to the Terms
Third Party Content, Sites, and Services
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
Notification of Claims of Infringement
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:
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
Disclaimer of Warranty and Liability
Use of the Internet
Changes to the Site and Content
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.
Deleting your Account
[email protected]for additional information.
Product Advertising / Amazon Affiliate
Governing Law and Jurisdiction
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.