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We offer you the web sites, applications, services and content on Kikichor.com and its affiliated sites and services (“Kikichor”) on the condition that you agree to the following terms.
EACH TIME YOU ACCESS, USE OR REGISTER FOR KIKICHOR®, YOU ARE SIGNIFYING YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS (either the “Terms of Service” or “Agreement”).
You may NOT use Kikichor® if you do not agree to these Terms of Service
Kikichor is provided by Kikichor, a California Corporation, its providers, licensors and affiliates (either “we” or “us”).
When you submit information about you to us, you agree that we may collect and use your information as disclosed in our Privacy Policy located at https://www.kikichor.com/resources/privacy-policy/. You agree that Google, Inc. may use the information you provide when you use the mapping features on Kikichor in accordance with Google’s privacy policy located at http://www.google.com/privacy.html, which Google may amend from time to time. Each time you access and use Kikichor, you acknowledge that you have reviewed the policies disclosed in this section and consent to their terms.
License and Authorized Uses
The Kikichor services and its Content are licensed, not sold. We grant you a non-exclusive, non-transferable, limited license to access and use Kikichor and the Content subject to the terms and limitations of this Agreement. Any use beyond this limited license is prohibited. You may create a profile only on your own behalf or on behalf of your business. Unless otherwise provided in any supplemental terms, you may download and temporarily store Content that you purchase to one computing device under your exclusive control. You may use such Content only (1) to display internally such Content for your internal business and research needs and (2) to quote and excerpt from such Content. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. We do not authorize any other access and use of Kikichor not expressly provided in this Agreement.
You are responsible for all activities under your membership account, including all legal liability incurred from the use of your profile by you or others. You may not give access to your profile, or disclose your password to others. You may not harvest Content for the purposes of sending spam or other forms of unsolicited communications. You are responsible for keeping your profile information, including all passwords, confidential. You shall be solely responsible and accept all liability for your (including your agents’ and representatives’) changes, edits, modifications or additions to the information and/or data you receive through Kikichor. We are not responsible if your profile or account is compromised if any of your devices containing your profile (such as a mobile device) is lost or stolen. You are responsible for notifying us immediately if your profile has been compromised.
KIKICHOR PROVIDES THE CONTENT “AS IS” AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY ARE YOUR OWN RISK. We offer the Content for general information, general discussion, education, and entertainment purposes only. This Content may be provided by us, our Contributors and members. Do not construe any Content on Kikichor is endorsed or verified by our Contributors or us. Kikichor is not intended to provide personalized investment or other regulated professional advice. Nothing contained on Kikichor should be construed as providing (a) a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments or (b) a recommendation to any specific individual or business that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. Our contributors and we are not liable to you or any third party for the truthfulness, accuracy, reliability, completeness, timeliness, legality or applicability of any Content posted or otherwise transmitted by any users. We do not endorse opinions expressed by any users. We reserve the right, but we shall have no obligation or responsibility to you or any third party, to pre-screen, review, flag, filter, modify, refuse or remove any or all Content on Kikichor that violates this Agreement, as we determine in our sole discretion.
You acknowledge that we may, but we have no obligation to you or any third party, to investigate and take appropriate technical, legal and equitable action against anyone who, in our sole discretion, violates this Agreement, including but not limited to, terminating their membership account and/or reporting such Content, conduct, or activity to law enforcement authorities. We may access, preserve or disclose information you provide, including user Content, when we have a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend our and our Contributors legal rights or property, or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of Kikichor or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with application laws or other legal process.
You are solely responsible for backing up any Content that you store on any customizable area on Kikichor. We are not responsible for the loss of any data or Content you elect to store on Kikichor.
By submitting Content on Kikichor, (a) you represent and warrant that your Content is true, accurate, current, complete and that you own or have express permission to post the materials on Kikichor; (b) that you have the authority to post such Content and that such submission will not violate any trade secrets, confidential information, or violate any securities laws; (c) in the event your Content contains the name, image, video, audio or participation by individuals, performers or entities other than you, that you have obtained such parties consent to their appearance or use of their contribution in the Content that you upload; and (d) you agree to indemnify and hold us harmless from all claims, costs and expenses (including legal expenses) arising out of any Content posted or published by you that are in breach of this section.
We may offer from time-to-time additional, premium membership services on Kikichor for business owners and marketing organizations. These premium membership services will be subject to additional terms, conditions and limitations for the user for such services. You agree that you are bound by these additional terms when you sign up for these premium services. We provide links below to the terms that govern our current offerings of premium membership services.
We may bundle various products in different membership plans. You can elect which bundled services you which to purchase when you place an order with us. Any monthly plans for premium membership services are payable in advance, are not refundable, and may be canceled at any time by you. We may offer special prices for longer term membership plans that require longer term commitments, such as three months, six months or a year. Such plans may not be canceled during the term and are non-refundable. All premium membership plans renew automatically unless canceled by you before any renewal date. We may modify and change these offerings at any time.
Kikichor Premium Business Listing Service is an optional fee-based service provided by Kikichor to move your company listing into a higher ranking in the Kikichor company browse and search results list for a 30-day (“Monthly”) or twelve-month period. Each category and location combination enables the participant to feature one (1) company text links in category and location combinations. Your Premium Business Listing is billed at time of submission.
A credit card is required to set-up the Premium Business Listing for the Monthly or annual period. All Premium Business Listings must conform to the Kikichor editorial guidelines, and must be relevant topically to the category and location. All Premium Business Listings are subject to final approval by the Kikichor editorial team, which in their sole discretion may reject a Premium Business Listing request for any reason.
Kikichor reserves the right to decide whether, where, and how a Premium Business Listing is listed.
Kikichor reserves the right to reject a Premium Business Listing submission.
All fees paid for the Premium Business Listing Service are NON-REFUNDABLE.
This Premium Business Listing Service shall be effective on the date you receive email confirmation that your Premium Business Listing was added to the Premium Business Listing Service and will continue for an initial term (“Initial Term”) of 30 days or one year from this date. The Initial Term shall be renewed automatically for the same length of term as the Initial Term (a 30-day or one year) each (“Renewal Term”) and the Monthly or annual fee will be billed to your credit card at the start of a Renewal Term. To terminate this service, you must cancel any time before the start of a Renewal Term. Upon cancellation, your Premium Business Listing will remain active until the end of your Initial Term or a Renewal Term, unless otherwise terminated by Kikichor. If you request that your Premium Business Listing be removed before the end of the Initial Term or a Renewal Term for which you have pre-paid the recurring Monthly or annual fee, you agree that Kikichor will not be required to refund any portion of such fee.
More specific terms of service for specific premium products are below.
EACH PARTY ON BEHALF OF ITSELF AND ITS AFFILIATES DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION for SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND VENDOR SERVICES ARE PROVIDED “AS IS.” Kikichor does not guarantee (a) the appearance and/or location of any listing or advertisement, (b) the level of results you will achieve from the Service or (c) that the Service will meet your requirements.
The Kikichor Terms of Service are incorporated by reference and made a part of these terms, including without limitation, all terms related to limitation of liability and indemnification, governing law and venue.
These additional terms and the Kikichor Terms of Service govern your subscription and use of Listing Manager. By signing up for Listing Manager, you agree to these terms.
You agree to provide a valid payment method for the Service and you agree to keep this information up to date. You agree that your fees serve as a budget to bid on advertising.
All fees are due and payable in advance. Fees are not refundable.
You authorize and direct us to charge your designated payment method for your subscription or, if your designated payment method fails, to charge any other payment method you have on file with us.
You authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us.
Any unused credits from your monthly fees will be rolled over for use in the following month.
You will pay (i) all taxes and other government charges and (ii) reasonable expenses and attorneys’ fees that we may incur in collecting late payments. You agree that charges and any credits will be based solely on measurements made by us and our vendors and the applicable billing metrics (e.g., clicks or impressions).
The Agreement, as supplemented by the following product terms, governs your use of Marketing Pro. Marketing Pro is provided by Kikichor.com. By registering for Marketing Pro or by your access and use of Marketing Pro, you agree to these terms and the general terms of the Agreement.
The Agreement, as supplemented by the following product terms, governs your use of Website Generator. Website Generator is provided by Kikichor.com and its third-party suppliers. (collectively, “we”). By registering for the Website Generator service, or by using Website Generator, you agree to these terms and the general terms of the Agreement.
You must provide at your own expense the equipment and Internet connections that you will need to access and use Kikichor. Those costs are in addition to any purchases you make from Kikichor. If you are accessing a Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location.
Due to the type of the information and services being sold, we unfortunately cannot accept returns of articles, profiles, lists or reports once they have been delivered to you. We cannot and do not warrant that the information available through this service is accurate, complete or updated but rather is provided to the user ‘as is’.
Please be sure to read all available information about a report before you place your order.
You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.
If you establish a Kikichor account or profile on behalf of a company, organization, entity or brand as a representative or agent (such as a marketing or advertising agency, the “Agency”): (a) the terms “you” and “your”, as used throughout the Agreement apply to both Agency and Agency’s client (the “Client”), as applicable and (b) Agency agrees to abide by all the terms of this Agreement and the following supplemental terms.
You understand and agree that (a) Agency is acting as agent for a disclosed principal (i.e., the Client) and (b) Agency will act as agent for taking responsibility and making payment on all amounts due for purchases made from Kikichor. Agency shall provide a payment method for purchases as described in this Agreement. Client and Agency shall be jointly and severally liable for the payment of sums due hereunder, but we agree to look initially to Agency for the payment of sums due hereunder. Nothing in this Agreement relating to the payment of transacted amounts by Agency shall be construed so as to relieve Client for breach of its obligations under this Agreement.
Agency represents and warrants that Agency is the duly authorized agent of Client with full power to act on Client’s behalf with respect to this Agreement, and Agency has the power to enter into, deliver and perform, this Agreement on behalf of Client and Agency. The individual(s) executing this Agreement on Agency’s behalf is/are authorized to execute and deliver this Agreement. Agency agrees that this Agreement is the legal, valid and binding obligation of Agency and/or Client, and shall be enforceable against Agency and/or Client in accordance with its terms.
We may from time to time offer special promotions and promotional pricing for Agencies on behalf of their Clients. Such promotions will be subject to additional terms that supplement this Agreement that you agree is binding on Agency and Client (“Promotions”). We reserve the right to cancel Promotions early or to extend offers without notice.
OUR PARENT, OUR CONTRIBUTORS, OUR DISTRIBUTORS AND WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF KIKICHOR. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR SUPPLIER’S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE, AND YOU WILL REQUIRE THAT ANY THIRD PARTY WHO INDIRECTLY USES THE CONTENT PROVIDED BY YOU (“THIRD PARTY USER”) TO AGREE, THAT IN NO EVENT SHALL WE OR OUR CONTRIBUTORS BE LIABLE FOR THE RESULTS OF ANY THIRD PARTY USER’S USE OR RELIANCE UPON KIKICHOR, FOR ITS INABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
IN NO EVENT SHALL OUR OR OUR CONTRIBUTORS CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE KIKICHOR SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR KIKICHOR SERVICE WITHIN AN IMMEDIATE TWELVE-MONTH PERIOD.
This Agreement and any supplemental terms, policies, rules and guidelines posted on Kikichor constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Location for Resolving Disputes
You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against us, without regard to California’s conflict of laws rules. You further agree that a court located in Franklin County, California will resolve any disputes or claims that you may have against us.
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
We respect the intellectual property of others, and we ask our contributors and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
Our agent for notice of claims of copyright infringement on this site can be reached as follows:
By mail:
Copyright Agent
Kikichor.com Privacy Policy
2245 Railroad Avenue, Suite 100
Pittsburg, CA 94565
By email: help@kikichor.com
Kikichor offers website and mobile applications, research services, databases, business profile services, Content, business profile services, tools and other consulting services to help businesses grow, which collective we refer to as “Kikichor” in this Agreement. We may change, update or discontinue any offering, feature or Content on Kikichor at any time and without notice and without liability to you.
Registration is optional; however, you will need to register with us to use all of our features and services. We will open an individual membership profile account when you register on Kikichor. If you open a membership account, we will give you the ability to set up a profile for your business and use other features of Kikichor. In order to register with Kikichor, you must meet the following qualifications:
We are not responsible if we are unable to communicate with you because you have not kept your registration information up to date. By accessing and/or registering for the use of Kikichor, you represent and warrant that (a) you have the authority and legal capacity to enter into the Agreement and follow its obligations, (b) you have the authority to bind your principal or employer company if you are applying on behalf of a business, and (c) you are providing true, complete and current information.
Our Contributors, licensors and we own all rights in the Kikichor site, Content, aggregate user review ratings, data, text, designs, pages, print screens, the organization and structure of our data and Web sites, trademarks, logos, trade names, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable or otherwise discoverable on Kikichor. We (or as applicable, our licensors) own all intellectual property rights in our databases’ code, indexes, algorithms, organization and structure, and compilation of data. Except for the limited license we grant to you below, you obtain no other rights in Kikichor or its
You may not directly, indirectly or through any intermediary:
Kikichor offers features where Contributors may post Content such as business profiles, ratings and comments on forums and discussion boards. You remain the owner of any Content you post on Kikichor. However, by submitting Content to Kikichor:
If you participate in any feature on Kikichor that allows users to share, modify, or combine user Content with other Content, you grant us and our users an irrevocable, royalty free, fully paid up, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute and perform your Content on Kikichor. Any suggestions or ideas that you submit to us become our property and can be used by us for any purpose. We will not pay you for your submissions. We may refuse to publish, and may remove the Content from Kikichor at any time and for any reason. You represent and warrant to us that you have all rights necessary for you to grant the permissions in this section.
In addition to the restrictions specified above, you may not use Kikichor to submit Content or engage in any conduct that:
In order to help you comply with these Terms of Service, you agree to review the information made available to the public by the Security Exchange Commission regarding the prohibitions against insider trading athttp://www.sec.gov/answers/insider.htm.
You acknowledge that posting Content that violate the terms of this Agreement, the rights of others, or any applicable law or regulation, may result in civil or criminal liability. You represent and warrant to us that your conduct on Kikichor will at all times comply with the terms of this Agreement.
These additional terms govern your subscription and use of Kikichor Ads. By signing up for Kikichor Ads, you agree to these terms.
The following sets out the terms and conditions on which Kikichor.com. offers you access and use of Kikichor Priority Search (the “Service”). Please read these terms carefully.
By registering for Kikichor Priority Search, you signify that you accept and agree to the following terms.
If you do not agree, you must not use the Service.
The Kikichor Terms of Service and the following supplemental terms serve as a contract between you and Kikichor.com. (“Kikichor”) and its vendors regarding your rights and obligations with the Service.
The following terms also apply: (a) the Google AdWords Terms and Conditions, (b) Google AdWords policies www.google.com/ads/policies, the Google Privacy Policy available at www.google.com/privacy.html; the Advertising Cookies Policy available at www.google.com/ads/cookies; and the Trademark Guidelines available at www.google.com/permissions/ guidelines.html.
The Service is an advertising platform that makes bids to place advertising on the Web, such as search engines, based on your monthly budget. Placements and prominence of your advertising will depend on the nature of the products and services you offer, the bidding price to purchase ad impressions, your budget, and the competition for advertising placement.
You may cancel an advertisement at any time before the earlier of auction for the advertisement or placement; however, you may be responsible for cancellation fees if you cancel an advertisement after a commitment has been made for placement of an advertisement. Generally, cancellation of an advertising campaign will take effect in 8 hours. You are responsible for all fees accrued through the cancellation of the advertisement. Kikichor has no obligation to serve advertisement for an amount that exceeds your monthly budget.
You must register for a minimum commitment of three months (the “Initial Term”). You are responsible for all fees due during the Initial Term, even if you terminate early. After the Initial Term, your subscription automatically renews on a month-to-month basis. You can terminate your subscription prior to any renewal term by going to your subscription dashboard online or by contacting our customer service.
Your registration information must comply with the Kikichor Terms of Service. Kikichor may reject any registration for any reason. You may only purchase subscriptions on your own behalf or on behalf of your business. You agree to pay the fees for the subscription plan selected by you.
Kikichor may change, add or delete any aspect of the Service at any time.
You may not submit content, creatives or advertising materials that (a) violate applicable laws or regulations, (b) violate the rights of others, including the copyrights or trademarks of others, (c) are misleading or inaccurate, (d) violate the Kikichor Terms of Service; or (d) promote (i) counterfeit goods, (ii) dangerous products or services such as weapons or recreational drugs, (iii) products or services that enable dishonest or unlawful behavior, (iv) obscenity, (v) alcoholic beverages, (vi) gambling related products or services, (vii) certain health related products and services regulated by law, (vii) certain tobacco and similar products (e.g., such as e-cigarettes) regulated by law, or (viii) other products or services we deem in our sole discretion as being inappropriate or offensive.
All content and information submitted by you for the advertisements shall be subject to Kikichor’s character limits, quality standards, Kikichor Terms of Services, and other applicable listing policies.
You grant us a non-exclusive, worldwide, paid-up, royalty-free, transferable (in the event of a sale or other change of control of Kikichor’s business), perpetual, irrevocable right and license to use, copy, publish, distribute, syndicate, reformat and update (for example, to improve accuracy and/or standardize formats) any and all information, creatives, content and all trademarks and branding associated with your business for the Service.
Kikichor may reject or remove any such content, in whole or in part, in our sole discretion, or modified at any time to comply with our policies and these terms. You represent and warrant that all information and authorizations provided by you are complete, correct and current.
The Agreement, as supplemented by the following product terms, governs your use of Reputation Manager. By registering for Reputation Manager or by your access and use of Reputation Manager, you agree to these terms and the general terms of the Agreement.
Reputation Manager is provided by Kikichor.com and its third-party suppliers (collectively, “we”). We offer Reputation Manager to help you manage your local listings, as well as profiles on review sites and social media.
We may offer Reputation Manager separately bundled with other Kikichor offerings as part of a package. You agree to the terms and conditions of any offer you accept when you sign up for Reputation Manager. For payment obligations and cancellation terms please refer to the general terms of the Agreement.
As with any other Kikichor product or service, we may change, suspend or discontinue any aspect of Reputation Manager at any time, including the availability of any feature or changing the provider of the reputation services.
You agree that we may share your information with our third-party suppliers, in order to provide the Reputation Manager service to you.
You agree to provide timely and adequate assistance reasonably requested by us to enable the performance of the Reputation Manager service, including providing us with accurate and up-to-date information about your business. We will not be liable to you for any deficiency in our ability to provide services to you that result from your acts or omissions, including without limitation, your failure to work with us in providing the services to you or if you fail to provide us with true and up-to-date information about your business.
We cannot and do not: (i) guarantee the accuracy, usefulness, or completeness of any third-party content (e.g. reviews) or analytic content provided to you by us; or (ii) endorse, adopt, or accept responsibility for the reliability or accuracy of any third-party content. Under no circumstances will we be responsible for any loss or damages resulting from any information or other content made available in a review.
Upon termination, expiration or cancellation of your Reputation Manager membership (a) we will discontinue providing any services to you and (b) you remain responsible for the payment of any fees associated with the service.
You agree to pay the applicable fees and charges for membership plans and other purchases that you make from us. We may limit the number of promotions for which you may be eligible in a given period. Your payment and renewal terms at the time you make a purchase from Kikichor are disclosed in these Terms of Service or in the shopping cart; you can also review your payment terms from time to time by visiting the “My Account” area on Kikichor.
You must give us accurate billing and payment information and keep this information up-to-date. Every time you make a purchase or obtain a service from Kikichor, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your profile for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your profile made by you or anyone who uses your account associated with your profile. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on Kikichor. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.
We may offer from time-to-time mobile applications and services. If you access Kikichor through mobile and/or wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing, SMS/MMS alerts and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. If you register for any services from Kikichor.com that are delivered by text messages or short messaging service, you authorize delivery of such messaging services to the wireless unit and number designated by you, you acknowledge that you are responsible for determining any standard text messaging fees that you may incur from your carrier while using the service, and you authorize us to deliver the messaging service to you until you elect to opt out of such messaging service.
You acknowledge and agree that any SMS/MMS alerts and messages may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By providing us your phone number, you expressly consent to receive the SMS/MMS alerts through automatic dialing technology, artificial and pre-recorded voice. You can reply STOP to any text messages you receive to discontinue the messaging services.
You agree that we may send you “push notifications” through Kikichor applications that you may install and use on your devices. You may opt out of receiving push notifications by going to your device settings, click on “notifications”, and the adjust those settings for our applications.
When you use a location-enabled service provided by us, we may collect and process information about your actual location. For example, when you conduct a search, the approximate location of your device will be sent to us along with the search terms, time and date of your search and a unique identifier generated by the application. This information will be used to provide you with Kikichor services. By using a Kikichor location based services, you authorize us to locate your device and to record, compile and display your location in accordance with this Agreement and the Kikichor Privacy Policy. You agree that Google, Inc. may collect information when you use its mapping applications provided on Kikichor under its privacy policy located at http://www.google.com/privacy.html.
You may withdraw this consent at any time by going to the location services setting on your device and turn off the global location service settings and/or the other location settings on your device.
We provide Kikichor “as is”, “with all faults” and “as available.” YOUR USE OF KIKICHOR IS AT YOUR OWN RISK. Our Contributors and we make no express warranties or guarantees about Kikichor and its Content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT KIKICHOR AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF KIKICHOR. WE DO NOT GUARANTEE THAT KIKICHOR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE KIKICHOR AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
We may cancel or suspend your access to Kikichor at any time, without cause and/or without notice. Your right to use Kikichor will end once your service is terminated, and any data you have stored on Kikichor may be unavailable later. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of Kikichor. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree to transact with us electronically. You agree that these Terms of Service have the same effect as an agreement signed in writing. You also agree that we may send to you in electronic form any privacy or other notices, terms, disclosures, reports, documents, communications or other records regarding Kikichor (collectively, “Notices”) or anything related to your use of Kikichor. We can send you electronic Notices (1) to the e-mail address that you provided to us during registration; (2) via text message if you elected to receive any mobile alerts, (3) by posting the Notice on Kikichor’s web page, mobile pages or applications. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service.
Our terms and other Notices are designed for access on most current Internet Web browsers and on the mobile devices in which we offer mobile applications and services.
In order to transact with us electronically, you must have a device and an Internet browser capable of accessing and browsing the Internet. If you wish to print a copy of the Term of Services, your device must have an access to a printer that can print web pages from the print function of your Internet browsers. Also keep in mind that the “print” features on many devices and browsers will enable you to save a copy of the terms as a “note” or “PDF” file on your device.
Special Terms for Kikichor Referral Program
Kikichor.com. (“we” or “us”) may offer from time-to-time a referral program where members can obtain rewards by referring new subscribers to Kikichor.com (the “Referral Program”). Here are the terms if you would like to participate in the Referral Program.
You are responsible for any tax liabilities associated with the Referral Program.