Privacy Policy
Last Updated July 7, 2020
Kitchen Ink Publishing
114 John Street
New York, NY 10038
SCOPE OF THIS PRIVACY POLICY
This Privacy Policy applies to kitcheninkpublishing.com and all other websites, applications, online services, and other interactive features or downloads that post a link to this Privacy Policy (collectively, the “Sites”), that are owned or controlled by Kitchen Ink Publishing (“Kitchen Ink”, “we” or “us”). This Privacy Policy describes what kind of information is collected when you interact with our Sites, how we use that information, the measures we take to protect your information, and how you can opt-out and change your preferences.
BY USING THE SITES, YOU ARE EXPRESSLY ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY, AS IT MAY BE AMENDED FROM TIME TO TIME. WE MAY UPDATE AND EXPAND OUR SITES AND SERVICES, AND THIS PRIVACY POLICY MAY CHANGE, SO CHECK BACK TO THIS POLICY PERIODICALLY.
This Privacy Policy only covers information collected through our Sites, although it may also apply to information we collect offline (e.g., if you provide us with information by phone, through the mail, or at book shows and fairs) if specifically stated at the time of collection or if the information is combined in our databases.
KITCHEN INK IS A UNITED STATES COMPANY. IF YOU LIVE OR RESIDE OUTSIDE THE UNITED STATES, BE AWARE THAT INFORMATION WE COLLECT FROM YOU THROUGH OUR SITES WILL BE TRANSFERRED AND PROCESSED IN THE UNITED STATES. BY USING THE SITES OR PROVIDING US WITH YOUR INFORMATION, YOU FULLY UNDERSTAND AND CONSENT TO THIS TRANSFER, PROCESSING OF YOUR INFORMATION IN THE UNITED STATES, A JURISDICTION IN WHICH THE PRIVACY LAWS MAY NOT BE AS COMPREHENSIVE AS THOSE IN THE COUNTRY WHERE YOU RESIDE.
TYPES OF INFORMATION WE COLLECT
We collect information through our Sites to communicate with readers about authors and books we believe may interest them, and for our legitimate business needs. When you use the Sites, we may collect and process the following types of information about you:
Information You Provide Directly to Kitchen Ink
We may collect personal information through the Sites that you directly and voluntarily provide to us on forms submitted to our Sites (e.g. Newsletters, polls, surveys, comments, desk copy orders), through contests and sweepstakes, and/or through your requests for customer or technical support, such as: your name, street address, email address, phone numbers, birthdate, zip code, text message address or other wireless device address, instant messaging address, social media handle, payment information, and/or other information that may identify you as an individual or allow online or offline contact with you as an individual.
Information Automatically Collected When You Visit Kitchen Ink Sites
Certain information is collected automatically about your use and interaction with our Sites which may include: pages or content you open or interact with, pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information about your device, including an identifier, device type, IP address, phone, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform. The ways we collect your data automatically on our Sites are:
A. Cookies and Other Tracking Technologies
We may use “cookies”, web beacons, or similar technologies to collect or receive information about you, including pages and content viewed. Cookies are small data files that are sent to your browser or related software from a Web server and stored on your computer’s hard drive. We may use these tracking technologies to enable certain features and functionalities of our Sites to remember you and your preferences, to track your use of our Sites, to serve targeted ads, and to provide content to users. Some tracking technologies used on our Sites may be implemented and controlled by third-party partners. Most web browsers automatically accept cookies, and some browsers offer a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. We do not respond to these “Do Not Track” signals, but you can modify and control your own browser setting to decline cookies, or to indicate when they are being used. If you choose to opt-out of these tracking technologies some features of our Sites may not function properly.
B. Embedded Scripts
We may use embedded scripts, which are programming code designed to collect information about your interactions with the Sites, such as the links you click on. The code is temporarily downloaded into your device from our web server or a third-party service provider. Third-party services may use this code to track your interactions across sites where their embedded script is deployed, including third party sites.
Information from Third Party Social Media Networks
Our Sites contains links to third party social media sites (e.g. Facebook, YouTube, Instagram, Twitter). If you choose to “like”, review, or “share” content though the Sites or otherwise post information from or via the Sites to a third-party websites, features or applications, that information may be publicly displayed and the third-party website may have access to information about you and your use of our Sites. We may also receive information about you if you choose to participate in social media applications through which you allow us to collect (or the third party to share) information about you, including personal information.
Third party social media sites have different privacy policies than our own. We are not responsible for the content or privacy policies of any such other sites. We encourage you to be aware that when you leave our Sites you should read the privacy policy of the other site you go to understand what that other site collects, and how it uses information about you with others.
THIRD PARTY TRACKING, ANALYTICS AND AD SERVERS
Third parties, such as ad networks, analytics companies and social networking platforms, may collect information about your online activities over time and across our Sites and other third party online properties or services. These companies may use information about your visits to our Sites and other websites, and other general geographic information derived from your IP address, and may employ cookies, web beacons and similar technologies, to better understand your behavior and browsing activities, or to serve targeted advertising when you visit third-party sites. We may also share non-personal, aggregated or de-identified or hashed information with third parties to serve you with relevant advertising, and to allow others to do so. Third parties may track your Internet usage anonymously (that is, without being able to identify you personally) over time and across other websites in their networks beyond our Sites. To learn more about the use of this information or to opt out of having this information used by third-party network advertisers who are members of the Network Advertising Initiative, please visit http://www.networkadvertising.org/managing/opt_out.asp; or by participating companies in the Digital Advertising Alliance Self-Regulatory Program for Online Behavioral Advertising please visit http://aboutads.info/choices.
HOW WE USE YOUR INFORMATION
We use information we collect about you in various ways:
To enable us to provide and maintain our Sites, including Site administration and internal operations such as troubleshooting and testing;
To improve our Sites to ensure that content is presented in the most effective manner for you and for your device of choice;
To tailor content, recommendations and offers we display to you, both on the Sites and elsewhere online;
To send you information or special offers from us or on behalf of third parties;
To determine your eligibility to win and/or to send you a prize or award in connection with a contest or sweepstakes;
To respond to your questions or contact you about our Sites and services;
To enable targeted advertising for our books across unaffiliated web properties;
To notify you about changes to our Sites;
To keep o
To comply with legal and regulatory requirements.
HOW WE SHARE YOUR INFORMATION We may share information about you, which may include personal information, with select third parties in the following ways or in the following circumstances:We may share with business partners, suppliers and sub-contractors to the extent necessary to assist us in providing and maintaining our Sites, to fulfill requests, and for the improvement and optimization of our Sites;We may share with service providers and business partners who supplement information we collect with additional information about our Sites’ visitors and help us better connect with our audiences; We may share email with our authors whose lists you have opted-in to receive via our Sites so that they can reach out to you directly about events and newsletters; We may share with third party advertisers to enable us to target ads; We may share with third parties or co-sponsors of promotions which we conduct (i.e., we are the Sponsor). In those situations, the information we obtain from you in connection with the promotion may be shared with our partner when we specifically indicate to users that we may do so and obtain your consent by participating in the promotion. In those situations, our partner will have the right to email you directly or to ask us to share our information about you with the other party for their own purposes consistent with their own privacy policies, which we urge you read before giving you consent, as we are not responsible for how partners may use the information; andWe may share aggregated demographic information with other third parties, but not information that describes or identifies any individual user.
STORAGE AND SECURITY OF YOUR INFORMATION By visiting our Sites, using our Sites or submitting information to our Sites, you are consenting to the collection, transfer, storing, and processing of information about you. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
We take reasonable precautions to protect your information both online and offline and allow only employees and third-party contractors who need the information to perform a specific job to access your information.
Some information you provide to us or our partners may be stored by third parties, on our behalf or in addition to our own storage. For example, we use third parties to operate some of our promotions, to store our subscription databases, and to process transactions. We take reasonable steps to confirm that those third-party partners who collect information on our behalf take appropriate steps to protect and secure your information. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your information, we cannot guarantee or warrant the security of your data; any transmission is at your risk.
Kitchen Ink reserves the right to monitor all network traffic to our Sites to identify and/or block unauthorized attempts or intrusions, including the uploading or changing of our Sites to or to otherwise change information or cause damage to Sites in any manner. Anyone using our Sites expressly consents to such monitoring. In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we may notify you by e-mail.
YOUR CHOICES
You may choose to opt-out of email communications by Kitchen Ink by clicking on the “unsubscribe” link at the bottom of any of those communications or by contacting us at customercare@KitchenInkpublishing.com. (Please allow us time to delete information about you from such communications and remember that we can only delete such information if you provide us with all email addresses you have used with us; otherwise, we will delete the email address for the communication for which you are opting out.)
If you believe that any of your information is incorrect or needs updating, please let us know by communicating at customercare@kitcheninkpublishing.com Kitchen Ink will use reasonable efforts to correct your information and our records upon verification of the requested change.
CHILDREN
Our Sites are for general audiences and are not intended for or directed to children under 13 years of age, nor does Kitchen Ink knowingly collect or store personal information from the Sites from children under 13. If we discover that a user is under 13 years of age, he or she is not permitted to submit any personal information to the Sites, unless we have specified otherwise for a specific promotion on a Site. If a parent or guardian becomes aware that his or her child has provided us with personal information without the parent or guardian’s consent, he or she should contact us at customercare@kitcheninkpublishing.com We will delete such information from our files within a reasonable amount of time.
CALIFORNIA PRIVACY RIGHTS
FOR RESIDENTS OF CALIFORNIA ONLY
Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of personal information with third parties. If you reside in California and have provided your personal information to us, you may request information about our disclosures of certain categories of personal information to third parties for direct marketing purposes. Such requests must be submitted to us at:
Kitchen Ink Publishing
114 John Street, #277
New York, NY 10038
Attention: Legal Department
Within thirty (30) days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this section, if not labeled or sent properly, or do not have complete information.
MISCELLANEOUS
Affiliate Programs. We participate in affiliate programs offered by our retail partners and allow affiliate links to be encoded on some of our pages. This means that we may earn a commission when you click on or make purchases via those affiliate links and our affiliate partners may use cookies to understand your use of their sites.
Kitchen Ink’sTransfer of your Information as part of a Sale of the Company. If Kitchen Ink sells substantially all of its assets to or is acquired by a third party, information held by Kitchen Ink about you which we have collected from our Sites, including your name and email address, may be one of the transferred assets.
Legal Duty to Disclose your Information. We may share your information if we are under a duty to disclose or share information about you to comply with any court order or any legal obligation, or to enforce or apply our Terms of Use, Privacy Policy, or to protect the rights, property, or safety of Kitchen Ink, our readers, or others.
CHANGES TO OUR PRIVACY POLICY
Kitchen Ink reserves the right to make changes to any terms of this Privacy Policy at any time. Please check back frequently to see any updates or changes to this Privacy Policy. We may also notify you by email, in our discretion, or by posting a prominent notification on our Sites. Your access and/or use of our Sites after the effective date of such changes will be deemed an acceptance of and consent to be bound by the terms as changed.
This Privacy Policy shall be interpreted under the laws of the State of New York, without regard to any conflict of laws provisions or principles.
CONTACT US
Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to: customercare@kitcheninkpublishing.com
Last Updated on July 7, 2020
©2020 Kitchen Ink Publishing, All Rights Reserved.
Terms Of Use
Kitchen Ink Publishing WEB SITE TERMS OF USE
The following terms and conditions (the “Terms of Use”) govern your use of this web site for Kitchen Ink Publishing and related, feature web sites (collectively the “Site” or “Web Site”). This Site, and the Privacy Policy, are made available by Kitchen Ink Publishing or “We”). We may change these Terms from time to time, at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms of Use, you may not access or otherwise use the Site.
1. Proprietary Rights. As between you and Kitchen Ink Publishing, Kitchen Ink owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site.
2. Limited License. You may access and view the content on the Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. The Site and the services offered on or through the Site, including any content and materials thereon, are only for your personal, non-commercial use.
3. Prohibited Use. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express written prior permission of KITCHEN INK or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Kitchen Ink will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
4. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of Kitchen Ink and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Kitchen Ink will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
5. User Information. In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
6. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Site’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that (A) the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (B) that the Submitted Material, and its use, do not and will not violate the law or violate or infringe the rights of any entity or person; and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
7. Prohibited User Conduct. You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from KITCHEN INK or otherwise through the Web Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systemsnthrough the Web Site. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means; (iii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Web Site or the Web Site’s services or features in violation of KITCHEN INK’s or any third party’s intellectual property or other proprietary, personal or legal rights; or (v) use the Site or the Site’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
8. Public Forums, Blogs. Kitchen Ink may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Web Site or Kitchen Ink. You alone are responsible for the content and consequences of any of your activities.
9. Right to Monitor and Editorial Control. Kitchen Ink reserves the right, but does not have an obligation, to monitor and/or review materials, in whole or in part, posted to the Web Site or through the Web Site’s services or features by users, and Kitchen Ink is not responsible for any such materials posted by users. However, Kitchen Ink reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Kitchen Ink’s sole discretion are objectionable or in violation of these Terms of Use, Kitchen Inks policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice of liability.
10. Private or Sensitive Information on Public Forums, Blogs. It is important to remember that comments submitted to a forum or blog may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, and are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
11. Indemnification. You agree to defend, indemnify and hold KITCHEN INK and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms of Use. Kitchen Ink reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with KITCHEN INK’s defense of such claim.
12. Third Party Web Sites. You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Also, Kitchen Ink is not responsible for web casting or any other form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. These Terms of Use only apply to this Site and you should always review the terms and conditions of any third party site that you access through a link from this Site.
13. Infringement Notification. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Kitchen Ink’s agent below: Information to be submitted: ” Your address, telephone number, and e-mail address; ” A description of the copyrighted work that you claim has been infringed; ” A description of where the alleged infringing material is located, with a link if possible; ” A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; ” An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and ” A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please send notifications of claimed infringement to: Legal Department, Kitchen Ink Publishing, 114 John Street, #277 New York, NY 10038 Email: legal@kitcheninkpublishing.com
14. disclaimer of warranties. the site, including, without limitation, all services, content, functions and materials, is provided “as is,” “as available”, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. we do not warrant that the site or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. we make no warranty that the site will meet users’ requirements. no advice, results or information, whether oral or written, obtained by you from us or through the site shall create any warranty not expressly made herein. kitchen ink also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site. if you are dissatisfied with the site, your sole remedy is to discontinue using the site.
15. we try to ensure that the information posted on the site is correct and upto-date. we reserve the right to change or make corrections to any of the information provided on the site at any time and without any prior warning. we cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the site.
16. limitation of liability. in no event, including but not limited to negligence, shall kitchen ink, any member of the kitchen ink family, or any of their directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the site or the content, materials and functions related thereto, your provision of information via the site, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. in no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site. in no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the site exceed, in the aggregate, the amount, if any, paid by you to kitchen ink for your use of the site or purchase of products via the site.
17. Age. Users must be either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms. You hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. In any case, you hereby represent and warrant that you are 13 years of age or older, as this Site is not intended for children under 13. A user’s right to participate in this site may be terminated without warning, if Kitchen Ink discovers that a user is under 13 years of age.
18. Applicable Laws. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
19. Termination. Kitchen Ink may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. Kitchen Ink may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Kitchen Ink maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
20. Changes to Terms of Use. Kitchen Ink reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to this Terms of Use are posted will be considered acceptance of those changes.
21. Miscellaneous. The Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use or out of the use of this Site shall be commenced and be heard in the appropriate court (state or federal) in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
Kitchen Ink Publishing Dated: June 13, 2020