Overview
Welcome to our website thekinbor.shop (the “Website”) owned and operated by Kinbor (“Kinbor”, “we”, “us” and “our”). Please read these Terms and Conditions (the “Terms”) carefully before using our Website.
By accessing and using this Website, you agree to be bound by these Terms and all applicable laws. If you do not accept these Terms, you may not access or use this Website. We may revise these Terms at any time by updating this page. By using this Website, you agree to be bound by any such revisions and should therefore periodically visit this page to review the current Terms.
These Terms were last updated on January 1, 2023.
Key Points
- You must be at least 18 years old or have parental consent to use this Website.
- This Website contains proprietary content, information and material that is owned by Kinbor and/or its licensors, which is protected by intellectual property and other laws.
- We grant you a limited, revocable, non-exclusive, non-transferable license to access and use this Website for your own personal use.
- You may not modify, copy, distribute, transmit, display, reproduce, publish, license, sell, transfer, create derivative works from, or use any content available on or through this Website.
- Any use of the Website not expressly permitted herein is strictly prohibited.
- We reserve the right to suspend, restrict or terminate your access to this Website for any reason at our sole discretion.
Your use of this Website is at your own risk. The content and functionality on this Website is provided on an “as is” and “as available” basis without any warranties of any kind.
Website Access
Registration. You may browse certain sections of this Website without registering. However, to access certain features, you may need to register and obtain an account with us. When you register, you agree to provide true, accurate and complete information about yourself. If any of your information changes, it is your responsibility to promptly update your account.
Passwords. You are responsible for maintaining the confidentiality of your user name and password, if any, and agree not to share these details with any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password and notify us of any unauthorized use.
Prohibited Activities. You agree not to use this Website to:
- Violate any applicable laws or regulations;
- Infringe the rights of third parties;
- Distribute spam, chain letters, viruses or harvest email addresses;
- Distribute copyrighted content that you do not have permission, rights or license to;
- Impersonate any person or entity or provide false information;
- Promote any illegal activity;
- Interfere with or disrupt the Website or violate its security features;
- Access data not intended for you;
- Log into a server or account that you are not authorized to access;
- Attempt to probe, scan or test the vulnerability of the Website or to breach security or authentication measures;
- Attempt to interfere with services provided to any user, host or network;
- Overload, flood, mailbomb or crash the Website;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or disassemble any portion of the Website.
No Warranties. While we aim to maintain access, we do not warrant that access to the Website will be uninterrupted, timely, error-free, free of viruses or other harmful components. We may suspend, restrict, or terminate your access at any time for any reason without notice or liability.
Monitoring. We reserve the right, but do not undertake the obligation, to monitor your access and use of this Website. This includes the right to review and remove any materials in our sole discretion.
Intellectual Property
The materials available on the Website, including but not limited to text, graphics, images, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, webinars and music (the “Content”), and the infrastructure, organization and layout of the Website, are the exclusive property of Kinbor and its licensors and are protected by copyrights, trademarks, trade dress, patents and other proprietary rights and laws.
Except as stated herein, none of the Content may be modified, copied, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our express prior written permission and that of the copyright holder. You must abide by all copyright notices and restrictions contained in the Website.
Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on this Website are registered and unregistered trademarks of Kinbor. Using any Trademark as meta tags, hidden text, or otherwise is strictly prohibited. Nothing on this Website should be construed as granting by implication or otherwise any license or right to use any Trademark without our express written permission.
License to Use. By using this Website, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your own personal use only and not for any commercial purposes.
We reserve the right to suspend, restrict or terminate this license and your access to the Website at any time for any reason without notice or liability. Some Content may be subject to additional terms and conditions specified by us from time to time. Your use of such Content may be subject to those additional terms and conditions.
Restrictions. You agree that you will not reproduce, copy, modify, create derivative works from, sell, re-sell, exploit, or commercially use any Content, in whole or in part, except as expressly authorized in these Terms or by us in writing. The following restrictions apply specifically to your permissible use of Content on the Website:
- You may download, print, and store selected portions of the Content for your own personal use only, and not for any commercial purposes. Any downloads must retain all copyright and other proprietary notices contained in the Content.
- You may not modify, adapt, translate, reverse engineer, decompile, or disassemble the Website or any Content.
- You may not incorporate any portion of the Content into your own works or link any portion of the Website to any other website without our express prior written permission.
- The use of downloads, printing or storing selected Content for personal use does not transfer any intellectual property rights or ownership of the Content to you.
User Content
If you submit, transmit or post any ideas, suggestions, documents, and/or proposals (“User Content”) to us through the Website, you grant us and our affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right to use, copy, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content for any purpose in any form, media or technology.
You are solely responsible for any User Content you submit. You represent and warrant that:
- You own or have all necessary rights to the User Content;
- The User Content is accurate and not misleading or harmful in any manner;
- The User Content does not violate these Terms or the rights of others;
- The User Content does not contain confidential or proprietary information belonging to third parties.
We do not endorse or guarantee the accuracy, integrity or quality of any User Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on User Content obtained through this Website.
You grant us the right to access, read, preserve, and disclose any User Content as we reasonably believe is necessary to enforce these Terms, respond to claims, or protect the rights, property or safety of Kinbor, our users or the public.
Third Party Content
The Website may contain links to other websites maintained by third parties which may include social media buttons that link to those platforms (collectively “Third Party Content”). We do not operate or control the Third Party Content in any way.
Your use of Third Party Content is at your own risk and is subject to the terms and conditions of the respective third party website. We do not endorse or make any warranties about their content, products or services offered.
Purchases and Payments
If you wish to purchase any products or services through the Website (“Purchase”), additional terms and conditions may apply to the transaction. Please carefully review and agree to those terms before making the Purchase.
We may change prices, discounts, and promotions at any time. We reserve the right to refuse or cancel Purchases at any time for any reason. If your payment method fails or your account is past due, we may cancel your order.
You are responsible for all taxes associated with your Purchase, if any. If you are exempt from taxation, you may submit an exemption certificate for consideration.
Disclaimers and Limitations of Liability
No Warranties. This website and all content and functionality is provided “as is” without representations, warranties or conditions of any kind, either express or implied. We disclaim all warranties of any kind, including but not limited to non-infringement, merchantability or fitness for a particular purpose.
No Liability for Third Parties. We will not be liable for any third party goods or services advertised on or accessible through this website, or transactions you conduct with third parties.
No Liability for Conduct. Under no circumstances will we be liable for any loss or damage caused by anyone’s conduct in connection with the use of this website or its content.
No Liability for Content. We will not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography or profanity you may encounter. We are not required to screen or monitor your use of the website.
Disclaimer Regarding Accuracy. Although we aim to provide accurate and timely information on this website, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make changes and corrections as we deem necessary. You agree at all times to verify any information obtained from this website before relying on its accuracy.
No Liability for Loss. Under no circumstances, including negligence, will we be liable for any loss, damage, injury or expense arising out of or related to your use of this website.
Limitation of Liability. Under no circumstances will we be liable for any indirect, incidental, consequential, special or punitive damages arising out of or relating to your access or use of, or inability to access or use, this website or any content. In no event will our total aggregate liability for any claim exceed one hundred dollars ($100).
Indemnification
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, officers, directors, agents, contractors, partners and employees, from and against any loss, damage, liability, claim, demand, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Website, your User Content, your violation of these Terms or your violation of any rights of another. This defense and indemnification obligation will survive these Terms.
Privacy Policy
Please refer to our Privacy Policy to understand our practices regarding personal data collected from users of this Website.
Complaints & Feedback
If you have any feedback or complaints regarding prohibited User Content, please contact us at [email protected]. If you believe your intellectual property rights have been infringed, please notify us at [email protected].
Governing Law
These Terms shall be governed by the laws of the State of Tennessee, without respect to its conflict of laws principles. Venue for any dispute shall be exclusively in the state and federal courts located in Nashville, Tennessee and you consent to personal jurisdiction in those courts.
Termination
We reserve the right to terminate your license to access this Website at any time and for any reason, including for breach of these Terms. Upon termination, all licenses, rights and privileges granted to you will immediately cease.
We reserve the right to discontinue this Website or alter its functionality at any time for any reason without notice or liability to you. Upon discontinuation, all licenses, rights and privileges granted to you will immediately cease.
Miscellaneous
These Terms constitute the entire agreement between you and Kinbor relating to their subject matter and supersede any prior understanding.
Our failure to exercise or enforce any provisions of these Terms shall not constitute a waiver of that or any other provision. If any provision of these Terms is found to be unenforceable, that provision will be limited, narrowed, construed or altered as necessary to make it enforceable. The remaining provisions will remain in full force and effect.
We may assign, transfer or delegate any of our rights and obligations without consent. You may not assign, transfer or delegate any of your rights or obligations without our written consent.
We reserve the right to modify these Terms at any time by posting the revised terms on the Website. Your continued use after any such changes constitutes your acceptance of the revised Terms.
You agree that these Terms and any other notices, agreements, policies or disclaimers posted on the Website constitute an electronic record under the Electronic Signatures in Global and National Commerce Act (“E-Sign Act”), the Uniform Electronic Transactions Act (“UETA”), and any similar state laws based on the Uniform Commercial Code.
Any rights not expressly granted herein are reserved by Kinbor.
Contact Us
Please feel free to contact us if you have any questions about these Terms.
Kinbor
123 Main Street
Nashville, TN 37201
Email: [email protected]