.
Terms Of Service (TOS)
IMPORTANT! THESE TERMS OF SERVICE (“TOS”) GOVERN YOUR
(“YOU”) USE OF WWW.KAPLOMARKETING.COM AND KaploMarketing
Affiliate Programs (COLLECTIVELY,THE “SITE”), WHICH IS
PROVIDED BY KaploMarketing.COM, INCORPORATED (“KM”). BY
ACCESSING THE SITE, YOU ARE INDICATING THAT YOU HAVE
READ, UNDERSTOOD AND AGREE TO THESE TOS AND OUR PRIVACY
POLICY THE KM PRIVACY POLICY. IF YOU DO NOT AGREE TO
THESE TOS OR OUR PRIVACY POLICY, PLEASE DO NOT USE THE
SITE OR ANY SERVICES OFFERED AT THE SITE.
Children’s Privacy
This Site is not intended for use by children under 13
years of age. YOU MUST BE EIGHTEEN (18) YEARS OR OLDER
TO ACCESS THE SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF
AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE FOR ANY
REASON.
Registration
To access this Site or use certain features of the Site,
You will have to provide certain information and create
a member or affiliate account (as applicable, an
“Account”). Any information You provide is subject to
our PRIVACY POLICY. In addition, in order to create an
Account, You must read, understand and agree to the
terms and conditions of our AFFILIATE AGREEMENT. It is a
condition of Your use of the Site that all the
information You provide is correct, current, and
complete. If KM believes the information You provide is
not correct, current, or complete, KM has the right to
refuse You access to the Site or any of its resources,
and to terminate or suspend Your access at any time,
without notice.
Proprietary Information
The material and content (hereinafter referred to as the
“Content”) accessible from the Site, and any other World
Wide Site owned, operated, licensed, or controlled by KM
is the proprietary information of KM or the party that
provided the Content to KM (“Owner”), and KM or the
Owner retains all right, title, and interest in the
Content. Accordingly, the Content may not be copied,
distributed, republished, uploaded, posted, or
transmitted in any way without the prior written consent
of KM, or unless authorized in writing elsewhere on our
site, except that You may print out a copy of the
Content solely for Your personal use. In doing so, You
may not remove or alter, or cause to be removed or
altered, any copyright, trademark, trade name, service
mark, or any other proprietary notice or legend
appearing on any of the Content. Modification or use of
the Content except as expressly provided in these TOS
violates KM's intellectual property rights. Except as
expressly provided herein, nothing on the Site shall be
construed as conferring any license under KM’s and/or
its Owner’s intellectual property rights, whether by
estoppel, implication or otherwise. Notwithstanding
anything herein to the contrary, KM may revoke any of
the foregoing rights and/or Your access to the Site, or
any part thereof, including the blocking of Your IP
Address, at any time without prior notice.
Restrictions On Use
You may use the Site for purposes expressly permitted by
the Site. You may not use the Site for any other
purpose, including any commercial purpose, without the
express prior written consent of KM. For example, You
may not (and may not authorize any other party to) (i)
co-brand the Site, or (ii) frame the Site, (iii)
hyper-link to the Site, (iv) use any tradename,
trademark, or brand name of KM in metatags, keywords
and/or hidden text, (v) copy, distribute, modify,
transmit, perform, reuse, re-post, or otherwise display
the Content, in whole or in part, or modify, translate,
alter or create any derivative works thereof, except as
permitted above, (vi) use the Site, the Content, and/or
any portion thereof, in any manner that may give a false
or misleading impression, attribution or statement as to
KM, the Owner, or any third party referenced therein, or
(vii) use the Content, and/or any services and products
on the Site or accessible via the Site for unlawful
purposes, including, without limitation, for use in
connection with any unlawful telemarketing campaign or
practice. For purposes of these TOS, "co-branding" means
to display a name, logo, trademark, or other means of
attribution or identification of any party in such a
manner as is reasonably likely to give a user the
impression that such other party has the right to
display, publish, or distribute the Site or content
accessible within the Site. You agree to cooperate with
KM in causing any unauthorized co-branding, framing or
hyper-linking immediately to cease.
Hyper-Links
The Site may be hyper-linked to other sites which are
not maintained by, or related to, KM. Hyper-links to
such sites are provided as a convenience to users and
are not sponsored by or affiliated with the Site or KM.
KM has not reviewed any or all of such sites and is not
responsible for the content of those sites. Hyper-links
are to be accessed at the user's own risk, and KM makes
no representations or warranties about the content,
completeness or accuracy of these hyper-links or the
sites hyper-linked to the Site. Further, the inclusion
of any hyper-link to a third-party site does not
necessarily imply endorsement by KM of that site. The
privacy policies and practices of any such sites are
beyond the control of KM and You should carefully review
such site’s privacy policies before providing any
information.
Submissions
You hereby grant to KM a royalty-free, perpetual,
irrevocable, worldwide, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, and
display all content, remarks, suggestions, ideas,
graphics, or other information communicated to KM
through the Site (together, hereinafter known as the
"Submission"), and to incorporate any Submission in
other works in any form, media, or technology now known
or later developed. KM will not be required to treat any
Submission as confidential, and may use any Submission
in its business (including without limitation, for
products or advertising) without incurring any liability
for royalties or any other consideration of any kind,
and will not incur any liability as a result of any
similarities that may appear in future operations or
publications of KM.
You may not post, send, submit, publish, or transmit in
connection with the Site any Submission
that:
· You do not have the right to post, including
proprietary material of any third party;
· advocates illegal activity or discusses an intent to
commit an illegal act;
· is vulgar, obscene, pornographic, or indecent;
· does not pertain directly to the Site;
· threatens or abuses others, libels, defames, invades
privacy, stalks, is obscene, pornographic, racist,
abusive, harassing, threatening or offensive;
· seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally
identifiable details or otherwise;
· infringes any intellectual property or other right of
any entity or person, including violating anyone’s
copyrights or trademarks or their rights of publicity;
· violates any law or may be considered to violate any
law;
· impersonates or misrepresents Your connection to any
other entity or person or otherwise manipulates headers
or identifiers to disguise the origin of the content;
· advertises any commercial endeavor (e.g., offering for
sale products or services) or otherwise engages in any
commercial activity (e.g., conducting raffles or
contests, displaying sponsorship banners, and/or
soliciting goods or services) except as may be
specifically authorized on the Site;
· solicits funds, advertisers or sponsors;
· includes programs which contain viruses, worms and/or
Trojan horses or any other computer code, files or
programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications;
· disrupts the normal flow of dialogue, causes a screen
to scroll faster than other users are able to type, or
otherwise act in a way which affects the ability of
other people to engage in real time activities via the
Site;
· includes MP3 format files;
· amounts to a 'pyramid' or similar scheme;
· disobeys any policy or regulations established from
time to time regarding use of the Site or any networks
connected to the Site; or
· contains hyper-links to other sites that contain
content
· constitutes an endorsement, review or promotion of any
product or service, including those offered by KM, in
which you have an interest, with which you have any
material connection, or from which you receive any
direct benefit unless you fully and conspicuously
disclose such interest, benefit or connection as part of
such endorsement, review or promotion;
· that falls within the descriptions set forth above.
Although under no obligation to do so, KM reserves the
right to monitor use of the Site to determine compliance
with these TOS, as well the right to remove or refuse
any information for any reason. Notwithstanding these
rights, You remain the sole owner of Your Submissions
and KM stores, transmits, or displays such Submission on
its servers and networks and via its Site solely at Your
direction. You acknowledge and agree that neither KM nor
any third party that provides Content to KM will assume
or have any liability for any action or inaction by KM
or such third party with respect to any Submission.
Digital Millennium Copyright Act
KM is committed to respecting and protecting the legal
rights of copyright owners. As such, KM adheres to the
following notice and take down policy, in full
compliance with Section 512(c)(3) of the DMCA (17 U.S.C.
§ 512 et seq.). If You believe any Submission or Content
infringes upon Your intellectual property rights, please
submit a notification alleging such infringement
(hereafter a “DMCA Takedown Notice”). To be valid, a
DMCA Takedown Notice must (i) be provided to KM’s
designated agent, (“Copyright Agent”), as set forth
below, and (ii) include the following:
· A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;
· Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification,
a representative list of such works;
· Identification of the material claimed to be
infringing or to be the subject of infringing activity
and that is to be removed or access disabled and
information reasonably sufficient to permit the service
provider to locate the material;
· Information reasonably sufficient to permit the
service provider to contact You, such as an address,
telephone number, and, if available, an electronic mail;
· A statement that You have a good faith belief that use
of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the
law; and
· A statement that, under penalty of perjury, the
information in the notification is accurate and You are
authorized to act on behalf of the owner of the
exclusive right that is allegedly infringed.
KM’s Copyright Agent to receive DMCA Takedown Notices
is: Mr. Rich, email: takedown@KaploMarketing.com. For
clarity, only DMCA Takedown Notices should go to the
Copyright Agent; any other feedback, comments, online
purchases or other communications should be directed to
the applicable customer service links posted on the
Site. You acknowledge that in order for KM to be
authorized to takedown any Content, Your DMCA Takedown
Notice must comply with all of the requirements of this
Section.
Privacy Policy
KM will treat any personal information that You submit
through the Site in accordance with its Privacy Policy,
which is incorporated herein by reference and made a
part of these TOS.
No Archive
Notwithstanding anything contained herein, the
functionality provided to You by the Site and our
systems, networks and servers are not an archive and KM
shall have no liability to You or any other person for
loss, damage, or destruction of any Submission or any
other information submitted to or via the Site. You
shall be solely responsible for maintaining independent
archival and backup copies of any Submission and 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. KM does not assume any responsibility or risk for
Your use of the Internet.
Disclaimer
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS
PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. KM
DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT. KM DOES NOT WARRANT
THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. KM DOES NOT WARRANT OR MAKE ANY
REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF
THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR
OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KM MAY MAKE
CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT KM,
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE
ARISING FROM THE USE OF THE SITE OR ITS CONTENT. KM
MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL
NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN
SUCH CONTENT. SHOULD APPLICABLE LAW NOT PERMIT THE
FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES,
THEN KM HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED
WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM KM, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER
PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. THE
INFORMATION PROVIDED ON THE SITE IS FOR CONVENIENCE ONLY
AND KM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY SUBMISSIONS OR ANY HYPERLINKED
SITE AND KM WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU
ACKNOWLEDGE THAT YOU HAVE RECEIVED NO ASSURANCES FROM KM
THAT YOU WILL OBTAIN ANY PARTICULAR AMOUNT OF EARNINGS
AS A RESULT OF THE PROGRAMS DESCRIBED IN THIS SITE OR
THAT YOU WILL RECOUP ANY EXPENDITURES INCURRED BY YOU.
Limitation On Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER KM,
ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS WILL BE LIABLE FOR ANY
INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES,
INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF KM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING SHALL APPLY EVEN IF KM WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED
IN ANY WAY WITH THE SITE OR ITS TOS OR PRIVACY POLICY,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF
THE SITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL
CLAIMS AGAINST KM AND ITS AFFILIATES, AGENTS,
REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF
THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS
MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COLLECTIVE
LIABILITY OF KM AND ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE
AMOUNT YOU HAVE PAID TO KM FOR THE APPLICABLE CONTENT,
PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. THE
LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT
OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR
ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE
LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND
EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF
FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
Indemnity
You will indemnify and hold KM, its subsidiaries,
affiliates, licensors, content providers, service
providers, employees, agents, officers, directors, and
contractors (hereinafter known as the "Indemnified
Parties") harmless from: (i) any breach of these TOS by
You, (ii) any use of Content other than as expressly
authorized in these TOS, (iii) Your use of the services
made available via the Site; (iv) any Submission posted
or transmitted by You; (v) Your acts and omissions, and
(vi) Your negligence, intentional misconduct or
violation or alleged violation of any rights of a
third-party. You agree that the Indemnified Parties will
have no liability in connection with any such breach or
unauthorized use, and You agree to indemnify any and all
resulting loss, damages, judgments, awards, costs,
expenses, and attorney's fees of the Indemnified Parties
in connection therewith. You will also indemnify and
hold the Indemnified Parties harmless from and against
any claims brought by third parties arising out of Your
use of the information accessed from the Site. KM
reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by You hereunder, and in such
event, You will have no further obligation to provide
indemnification for such matter; provided, however, that
You will use best efforts to cooperate with KM in such
defense. To the fullest extent permitted by law, the
foregoing indemnity will apply regardless of any fault,
negligence, or breach of warranty or contract of KM or
any of KM’s third party suppliers of Content, and its
and their affiliates, partners, subsidiaries and
employees.
Trademarks
The “KaploMarketing.com” URL, the “KaploMarketing
Affiliate Programs” URL and all other trademarks,
service marks, and logos appearing in the Site are the
property of KM or the party that provided the
trademarks, service marks, and logos to KM. KM and any
party that provided trademarks, service marks, and logos
to KM retain all rights with respect to any of their
respective trademarks, service marks, and logos
appearing in the Site.
Security
Any passwords used for the Site are for individual use
only. You will be responsible for the security of Your
password (if any). KM will be entitled to monitor Your
password and, at its discretion, require You to change
it. If You use a password that KM considers insecure, KM
will be entitled to require the password to be changed
and/or terminate Your account. PLEASE NOTE THAT WHILE KM
IS NOT RESPONSIBLE FOR ANY ACTIVITY THAT TAKES PLACE
USING YOUR PASSWORD YOU ARE RESPONSIBLE FOR ANY AND ALL
DAMAGES THAT RESULT FROM USE OF YOUR PASSWORD.
You are prohibited from using any services or facilities
provided in connection with the Site to compromise
security or tamper with system resources and/or
accounts. The use or distribution of tools designed for
compromising security (e.g., password guessing programs,
cracking tools or network probing tools) is strictly
prohibited. If You become involved in any violation of
system security, KM reserves the right to release Your
details to system administrators at other sites in order
to assist them
in resolving security incidents. KM reserves the right
to investigate suspected violations of these TOS.
KM reserves the right to fully cooperate with any law
enforcement authorities or court order requesting or
directing KM to disclose the identity of anyone posting
any e-mail messages, or publishing or otherwise making
available any materials that are believed to violate
these TOS.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS
KM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KM
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM
ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY
EITHER KM OR LAW ENFORCEMENT AUTHORITIES.
United States Only
By using the Site, You agree and acknowledge that the
Site is hosted in the United States. If You are
attempting to access the Site from a physical location
within the European Union, Asia, or any other region
with laws or regulations governing personal data
collection, use, and disclosure that differ from United
States laws, please be advised that through Your
continued use of this Site, which is governed by U.S.
law, this TOS, and the KM Privacy Policy, You are
transferring Your personal information to the United
States and You consent to (i) such transfer, (ii) the
application of the laws of the United States and/or the
State of Idaho with respect to any dispute arising from
or related to the Privacy Policy and/or Your use of the
Site, other than such rules, regulations, case law,
and/or international treaties that would result in the
application of the laws of a jurisdiction other than the
United States or the State of Idaho, and (iii) the
exclusive jurisdiction of the courts of the United
States and the State of Idaho. Any claim or dispute
between You and KM that arises in whole or in part from
Your use of the Site or in connection with the Privacy
Policy shall be decided exclusively by a court of
competent jurisdiction located in Boise, Idaho, U.S.A.
Each party hereby agrees that such court shall have in
personam jurisdiction and venue with respect to such
party, and each party hereby submits to the in personam
jurisdiction and venue of such courts and waives any
objection based on inconvenient forum.
Notice
From time to time, KM may revise these TOS. To help You
stay current of any changes, KM takes the following two
steps: (i) we note the date the TOS was last updated
below and (ii) when we make a change to these TOS, we
will post conspicuous announcements of such changes on
the homepage of the Site for 30 days following the date
the TOS was updated. Your use of the Site following the
posting of any revised TOS shall be deemed acceptance of
the revised TOS. We strongly recommend checking TOS
periodically. We may also, at our sole discretion and
with no obligation to do so, provide notices and other
communications to You by email or by postings within
Your Account. You will be solely responsible for keeping
Your email addresses updated and KM will not be
responsible for any undelivered notices caused by Your
failure to do so.
Miscellaneous
If any part of these TOS is unlawful, void or
unenforceable, that part will be deemed severable and
will not affect the validity and enforceability of any
remaining provisions. KM’s failure to enforce any
provision of the TOS shall not be deemed a waiver of
such provision nor of the right to enforce such
provision. A printed version of the TOS and of any
notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or
relating to the TOS to the same extent and subject to
the same conditions as other business documents and
records originally generated and maintained in printed
form.
Last updated: November 5, 2009
PRIVACY POLICY
IMPORTANT! THIS PRIVACY POLICY (“POLICY”) DESCRIBES HOW
KaploMarketing.COM, INCORPORATED (“KM”) PROTECTS, USES
AND SHARES ANY INFORMATION WHICH IS PROVIDED BY YOU AT
WWW.KaploMarketing.COM AND WWW.KaploMarketing Affiliate
Programs.COM (COLLECTIVELY, THE “SITE”). BY ACCESSING
THE SITE, YOU ARE INDICATING THAT YOU HAVE READ,
UNDERSTOOD AND AGREE TO THIS PRIVACY POLCY AND OUR TERMS
OF USE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE OR
OUR PRIVACY POLICY, PLEASE DO NOT USE THE SITE OR ANY
SERVICES OFFERED AT THE SITE.
Types of Information that KM Collects
KM collects two different types of information from You
when You use the Site. We collect certain types of
personally identifiable information from You (“Personal
Information”) when You register a member or affiliate
account (“Account”). We also collect certain non-
personally identifiable, aggregate information from
visitors to our Site regardless of whether they create
or sign in to an Account (“Traffic Data”).
Personal Information
In order to create an Account You will have to provide
Personal Information that may include:
· name
· address
· telephone number
· billing information (such as a credit card number)
· the type of personal computer being used to access the
services
· payment and tax withholding information
Your Personal Information is used to manage Your Account
and is not shared with third parties, unless
specifically stated otherwise or in special
circumstances. In compliance with applicable laws, it is
our policy to require only the Personal Information
necessary to manage Your Account and enable You to
participate in our programs (as applicable, the
“Program”). KM does not condition Your participation in
any specific activity on our Site on the disclosure of
more information than is reasonably necessary.
Traffic Data
KM may also use certain web technologies such as
“cookies” to track Your use of our Site. Your browser
may have an option that allows You to reject cookies,
but doing so may limit Your use of our Site. Usage
Information is anonymous and does not personally
identify You. In addition, KM may use web beacons or
other tools to measure the effectiveness of, and
otherwise manage, our online advertising. These web
beacons enable our advertising server to recognize You
when You visit the Site and to determine which banner
ads bring users to the Site. KM does not use spyware,
adware or any other similarly intrusive software. The
Usage Information that KM collects depends on how You
choose to use this Site.
Use of Your Information
KM may use Your Personal Information to manage Your
Account, such as responding to Your email inquiries or
providing You with voluntary customer surveys to helps
us to improve the types of products and services we
offer to You. In addition, KM may use Traffic Data to
deliver tailored advertisements or joint ventures. For
instance, an advertiser or joint venture company tells
us the audience they want to reach and provides us an
advertisement tailored to the audience. Based upon the
aggregated and non-identifying information we have
collected, we may then display or send the advertisement
to the intended audience. Additionally, KM may share
non-identifying and aggregate information (except as
described above), but not Personal Information, with
third parties to administer certain co-branded products
or services. KM does not share Your Personal Information
with these advertisers or joint venture companies unless
You have provided Your permission beforehand. In these
instances, You will be notified before any such data is
collected or transferred and may decide not to use that
particular service or feature. Finally, KM may take the
information collected in response to customer surveys
and combine (or aggregate) it with the responses of
other customers to create broader, generic responses to
the survey questions (such as gender, age, residence,
hobbies, education, employment, industry sector, or
other demographic information). This aggregated,
non-personally identifying information may be shared
with third parties.
Third Party Websites
The Site may be hyper-linked to other sites which are
not maintained by, or related to, KM. If You opt to
provide information to such web sites, for example, to
purchase products and services or register to receive
materials, such as a newsletter, catalog or new product
and service updates, please be aware that KM has no
control over the third parties' use of any personal
information You provide when placing such an order.
Please exercise care when doing so and carefully review
such website’s privacy policies before providing any
information. If You provide information about someone
else, such as a person’s name, address, and phone
number, please be aware that such provision may be
prohibited by certain laws and that You, and not KM, are
solely responsible for doing so.
Contests
From time to time, subject to any rules provided at the
Site at such time, You may be provided with the
opportunity to be entered in a sweepstakes, contest, or
other promotion simply by making a purchase from KM or
by providing KM with personally identifiable information
for some other reason or purpose. In such event, KM may
have to supply personally identifiable information of
the winners to the third parties such as the entity
administering the sweepstakes or contest, so that they
can notify the winners
Exclusions
KM may disclose Personal Information for any reason if,
in our sole discretion, we believe that it is reasonable
to do so, including: to credit agencies, collection
agencies, merchant database agencies, law enforcement,
or to satisfy laws, such as the Electronic
Communications Privacy Act, the Children’s Online
Privacy Protection Act, regulations, or governmental or
legal requests for such information; to disclose
information that is necessary to identify, contact, or
bring legal action against someone who may be violating
our Terms Of Service, or other user policies; or to
protect our company and our members. We may sell or buy
other businesses or entities. In such event, KM may
transfer or assign the information we have collected as
part of such merger, acquisition, sale, or other change
of control In such transactions, Your Personal
Information may be included in the transferred business
assets. Also, in the unlikely event of our bankruptcy,
insolvency, reorganization, receivership, or assignment
for the benefit of creditors, or the application of laws
or equitable principles affecting creditors' rights
generally, KM may not be able to control how Your
Personal Information is treated, transferred, or used
and Your Personal Information may be included in the
transferred assets.
Information-Sharing Disclosures
Under the laws of some jurisdictions, You may be
entitled to request disclosure regarding how KM shares
Your Usage Information with third parties for direct
marketing purposes (“Information-Sharing Disclosure”).
To the extent required by applicable law, KM shall
provide the Information-Sharing Disclosure to You upon
rightful request made in writing to privacyrequest@KaploMarketing.com
and please include the phrase " Privacy Request" and
Your State of residence in the subject line, the domain
name of the Site You are inquiring about, along with
Your name, address and email address. If You are
entitled to such Information-Sharing Disclosure, KM will
respond to You within thirty days of receiving such a
request.
Our Company Commitment to Children's Privacy.
Protecting children's privacy is especially important to
us. It is our policy to comply with the Children's
Online Privacy Protection Act of 1998 and all other
applicable laws. Therefore KM restricts our Site to
persons eighteen years or older. YOU MUST BE EIGHTEEN
(18) YEARS OR OLDER TO ACCESS THIS SITE. IF YOU ARE
UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO
ACCESS THIS SITE FOR ANY REASON. DUE TO THE AGE
RESTRICTIONS FOR USE OF THIS SITE, NO INFORMATION
OBTAINED BY THIS SITE, FALLS WITHIN THE CHILDREN'S
ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT
MONITORED AS DOING SO.
Public Forums
Please remember that any information You may disclose in
any public areas of the Site becomes public information.
You should exercise caution when deciding to disclose
personal information in these public areas. KM cannot
and will not be liable or responsible for any disclosure
of any information You publish in a public area of the
Site.
Our Commitment to Data Security:
KM takes reasonable precautions and has implemented
reasonable technical measures intended to protect
against the risks of unauthorized access to, erroneous
disclosure of, and unlawful interception of Your
Personal Information, including by requiring our payment
processor to comply with applicable laws and industry
standards and by employing Secure Sockets Layer (SSL)
encryption technology supported by most versions of
Microsoft Internet Explorer, Netscape Navigator and
other popular browsers. Once Your Personal Information
is received by KM, we use commercially reasonable
efforts to limit access to Your Personal Information
about You to those employees and service providers whom
KM determines need access to that Personal Information
to complete Your request and/or other provide offers or
opportunities that may be of interest to You. However,
even after KM receives Your Personal Information, KM
cannot guarantee that Your Personal Information may not
be accessed, disclosed, altered, or destroyed as a
result of a breach of our commercially reasonable
efforts or as a result of any other event beyond our
reasonable control. Also, please be aware that Your
email transmissions and/or other communications to KM
containing Personal Information may be unlawfully
intercepted or accessed by third parties and/or this
Site may be subject to hostile network attacks or
administrative errors. Accordingly, KM cannot and does
not guarantee that Your Personal Information is
completely secure and safe from such risks. FOR THE
AVOIDANCE OF DOUBT, WE EXPRESSLY DISCLAIM ANY
REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED,
WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE
OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN
CONNECTION WITH YOUR PERSONAL INFORMATION, PERSONAL
INFORMATION OR USAGE INFORMATION.
Where to Direct Questions About Our Privacy Policy
If You have any questions about this Policy or the
practices described herein, You may contact us through
the contact information provided on this Site.
Revisions to This Policy
From time to time, KM may revise this Policy. To help
You stay current of any changes, KM takes the following
two steps: (i) we note the date the Policy was last
updated below and (ii) when we make a change to the
Policy, we will post conspicuous announcements of such
changes on the homepage of the Site for 30 days
following the date the Policy was updated. Your use of
the Site following the posting of any revised Policy
shall be deemed acceptance of the revised Policy. We
strongly recommend checking the Policy periodically. We
may also, at our sole discretion and with no obligation
to do so, provide notices and other communications to
You by email or by postings within Your Account. You
will be solely responsible for keeping Your email
addresses updated and we will not be responsible for any
undelivered notices caused by Your failure to do so.
Last updated: November 5, 2009
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