Terms of Use Policy

Effective Date: This Terms of Use Agreement was last updated on 7th day of September in the year 2020.

Preamble
1. This Terms of Use Agreement sets forth the standards of use of the Kim Kulture Club Online Service. By using the KimKulture.com website you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at KimKulture.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
2. The site is provided by Kim Kulture Club, a Gemme Daniels site, (“Kim Kulture Club”) on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Kim Kulture Club makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Kim Kulture Club shall have no liability for any interruptions in the use of this Website. Kim Kulture Club disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
Only Authorized Users Allowed
1. User must be authorized user of Gemme Daniels’ services.
2. User not an authorized user is hereby prohibited and rights granted by Terms of Use revoked.
3. HEAR YE USER who IS NOT an AUTHORIZED USER. GEMME DANIELS HEREBY DEMANDS AND ORDERS TO CEASE USE OF SERVICES IN ALL GEMME DANIELS SITES, EMAIL, MAIL, AND ASSOCIATED THIRD PARTY SOCIAL MEDIA SITES.
Limitations of Liability
1. Disclaimer of Warranties
  1. KIM KULTURE CLUB SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR KIM KULTURE CLUB SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF KIM KULTURE CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
  2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GEMME DANIELS NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GEMME DANIELS OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEMME DANIELS' MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES SHALL BE LIMITED TO, IN THE AGGREGATE, THE AMOUNTS YOU HAVE PAID TO GEMME DANIELS FOR USE OF THE SERVICES OR U.S. $20.00 IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO GEMME DANIELS, AS APPLICABLE.
2. Indemnification
  1. “Authorized User” agrees to indemnify and hold Kim Kulture Club, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of use of the Service, the violation of this Agreement, or infringement by “Authorized User”, or other user of the Service using “Authorized User” computer, of any intellectual property or any other right of any person or entity.
  2. You agree to defend, indemnify, and hold harmless Gemme Daniels (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Services, Documents posted by you on the Site or distributed by you through the Services or your breach of these Terms of Use. Gemme Daniels shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
  3. You agree to defend, indemnify, and hold harmless Gemme Daniels (owner(s) and employee(s)) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Services, Documents posted by you on the Site or distributed by you through the Services or your breach of these Terms of Use. Gemme Daniels shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Modifications and Interruption to Service
1. Kim Kulture Club reserves the right to modify or discontinue the Service with or without notice to the “Authorized User”. Kim Kulture Club shall not be liable to Member or any third party should Kim Kulture Club exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Kim Kulture Club does not guarantee continuous, uninterrupted, or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
1. Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information
1. Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Kim Kulture Club makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Kim Kulture Club makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts of Idaho
1. Our website is operated and provided in the State of Idaho. As such, we are subject to the laws of the State Idaho and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Idaho.
Compliance with Laws
1. User assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
2. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
FITNESS FOR USE.
1. Gemme Daniels makes no representation that materials on these Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with local laws.
Copyright
1. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Kim Kulture Club is strictly prohibited. “Authorized User” agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Kim Kulture Club.
2. All other trademarks displayed on Kim Kulture Club’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Kim Kulture Club.

T3 Think Corp.

Attn: Gemme Daniels
PO Box 455
Middleton, Idaho, 83644
Email: kimkulture@outlook.com

Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Kim Kulture Club, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Effective Date: 9th Day of September in the year 2020

Please read these Terms of Use because they govern use of Kim Kulture Club at https://kimkulture.com, (Site);other websites owned, or operated, by Gemme Daniels and affiliates. The Kim Kulture Club and Gemme Daniels services are referred to as “Services”. “Authorized Users” may access and use the Services in compliance with all Governing Policies. By accessing or using Kim Kulture Club, you expressly agree to be bound by Governing Policies. Accessing or using Kim Kulture Club on behalf of a company, employer, or other legal entity, you warrant your right to represent that entity and bind you and your employer as a single entity.

IMPORTANT NOTICE: IF YOU ARE AN INDIVIDUAL, WHEN YOU AGREE TO THESE TERMS OF USE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GEMME DANIELS THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. "DISPUTE RESOLUTION; INDIVIDUALS" BELOW FOR DETAILS REGARDING ARBITRATION.

Age Requirements
1. You may use the Services if you are under 18 years of age. If you are under 18 years of age, a parent or legal guardian must consent to the Terms of Use. Members must be 18 years of age and agree to be “Authorized User” of all content of Gemme Daniels and all affiliates. Limited rights of an “Authorized User” are invoked when a parent or legal guardian agrees to adhere and bind to the Terms of Use and Privacy Policy acting on behalf of the User under 18.
Content Accessibility and Restrictions
1. Images on the site are probibited from download or copy without a limited use agreement and terms of purchase signed and bound between the Authorized User and Gemme Daniels.
2. Recipes are of sufficient copyright, authorized distribution is limited. The recipes are available to print for “personal use” and commercial uses are only allowed by contract with the author(s).
3. “Authorized Users” will not hyperlink images or use the content of the Site to compete, devalue, or take as their own.
4. Affiliates will have there own Term of Use and Privacy Policy please read on their sites.
5. Subject to your compliance with these Terms of Use, Gemme Daniels grants you a non-exclusive, non-transferable, revocable license (a) to access (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Gemme Daniels ) and use the Sites strictly in accordance with these Terms of Use; (b) to share information regarding Gemme Daniels and the Services with friends, relatives and trusted advisors; and (c) to print out discrete information from the Sites solely for personal, non-commercial purposes so long as you maintain all copyright and other policies contained therein. (d) access to images for sale, in addition to 11.a will require purchase of a contract at the time of payment. These electronic images are not SaaS, but are the electronic imprints of the FCC registered device that produced them in place of film. The SaaS part is all provided free of charge and occurs after the contract between the “Authorized User” and funds are provided after purchase of contract.
ACCOUNT OWNERSHIP
1. “Authorized Users” and users recognize account ownership belongs solely to Gemme Daniels. If you or Gemme Daniels cancels your account, all your account information, and any files, Documents (as defined below), and any other materials you provided, created or associated with your account (collectively with Documents, "User Content") will be deleted and removed from the Services. Some laws will require limited retainment of personally identifiably material. You should know that in certain instances some User Content may continue to be available on the Services for some period of time because of delays in effecting deletion or through cached copies retained by third parties. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
REFUND AND EXCHANGE POLICY.
1. We want you to be 100% satisfied with our Services. If you are less than satisfied or feel there has been an error in billing, please contact us immediately so that we can help you resolve the issue. We will help to direct you to the affiliate who actually made the sale.
THIRD PARTY SITES OR RESOURCES.
1. You may obtain access to third party sites or other resources through the Services. We provide such access only as a convenience and we do not undertake any responsibility or liability for information, products or services of third parties even if you access them through our Services. Your correspondence or business dealings with any such third party (including advertisers found on or through the Services), are solely between you and such third party. You agree that Gemme Daniels shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties' links and/or ads on the Services and Gemme Daniels expressly disclaims any responsibility or liability for any material communicated by third parties through the Services or for any claims, damages or losses resulting from the use thereof.
PROPRIETARY RIGHTS.
1. Gemme Daniels’s Intellectual Property. The Services and the Gemme Daniels Content (including the Gemme Daniels Library) are the sole property of Gemme Daniels and/or its affiliates or its licensors and is protected by U.S. copyright and international treaties. Gemme Daniels reserves for itself and its licensors all right, title and interest in and to the Services, including all intellectual property rights therein. All related products and service names, design marks and slogans are also the service marks or trademarks of Gemme Daniels. In addition, the "look" and "feel" of the Services (including color combinations, button shapes, layout, design and all other graphical elements) are protected by Gemme Daniels' service marks and copyrights. You agree that the Services and any software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
PERMISSIONS TO GEMME DANIELS CONTENT
1. Subject to your compliance with these Terms of Use, Gemme Daniels grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to (a) access and view the Gemme Daniels Content.
PERMISSION TO USE “AUTHORIZED USER” CONTENT
1. Subject to Gemme Daniels’s rights in and to the Gemme Daniels Content, each User retains ownership of his or her User Content. However, in order to make your User Content available on the Services and to provide you the Services, Gemme Daniels needs certain rights to your User Content. As such, by submitting any User Content into the Services, including Documents, you grant to Gemme Daniels a worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable right and license, without compensation or further notice to you:
  1. to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, publicly display and publicly perform such User Content, and the contents of such User Content, in any media now known or hereafter developed, for Gemme Daniels 's business, marketing and promotional purposes and
  2. to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; provided however, that in each case, with respect to the Documents you submit, such rights shall be subject to any restrictions or limitations established by you in connection with your creation or maintenance of such Document (for example, if you limit availability of your Document, Gemme Daniels will use commercially reasonable efforts to ensure that the availability of your Document complies with the settings you selected). By way of further explanation, Gemme Daniels would not be able to perform many of the services we offer without your granting Gemme Daniels these rights. For example, without the right to "adapt," we would be unable to make the necessary changes to the User Content so that the User Content meets our technical criteria; without the right to reproduce, we would be unable to make copies of the User Content on our servers to post the User Content. As noted, this license is non-exclusive (so you can license your User Content to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your User Content) and sublicenseable through multiple tiers (so that we can use our subcontractors to provide Services).
2. Your responsibility for User Content. For each item of User Content, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section and that such User Content and your provision thereof to and through the Services comply with all applicable laws, rules and regulations. You acknowledge that you are solely responsible for verifying any and all information contained in your User Content, including, without limitation, confirming your own data, terms or language, and that Gemme Daniels is not responsible for correcting any information provided by you to any third party.
DISPUTE RESOLUTION.
1. Individuals. If you are an individual, the provisions of this Section 19(a) apply to you with respect to any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes").
2. Mandatory Arbitration of Disputes. We each agree that any Disputes will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Gemme Daniels agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms of Use, and that you and Gemme Daniels are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use.
3. Exceptions. As limited exceptions to Section 19a above:
  1. we both may seek to resolve a Dispute in small claims court if it qualifies;
  2. we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
4. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms of Use. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in Rome, Oregon, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
SERVICE RULES.
1. In order to provide a welcoming and productive community on our Services and to improve the safety and security of our Services, we require that you adhere to the following rules:Do not give your username or password to others. You are responsible for maintaining the confidentiality of your username and password in order to protect your information. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Services, you risk losing your access to the Services. You agree to notify Gemme Daniels immediately of any unauthorized use of your registration and password.
  1. Do not violate or attempt to violate the security of the Services.
  2. Do not access, tamper with, or use non-public areas of the Services.
  3. Do not log into a server or account which you are not authorized to use.
  4. Do not use the Services to advertise or offer to sell or buy any goods or services unless authorized by legal binding agreement.
  5. Do not use the Services for any unlawful purpose or in any manner that would violate international, federal or local laws or regulations, that would infringe any third party's intellectual property rights or in a manner that is defamatory, obscene, abusive or hateful.
  6. Do not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures of the Services without proper authorization.
  7. Do not attempt to interfere with service to any User, Administrator, Gemme Daniel’s Agent, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, "flooding", "mail bombing" or "crashing".
  8. Do not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services.
  9. Do not send SPAM or commercial emails of any kind and do not send any unsolicited e-mail to individuals, entities or other Users.
  10. Do not forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  11. Do not attempt to or actually access the Services by any means other than through the interfaces provided by Gemme Daniels or by navigating to the Services using a web browser. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services unless authorized by legal agreement with Gemme Daniels.
  12. Do not use manual or automated software, devices, script robots, other means or processes to access, "scrape," "crawl," or "spider" any web pages or other services contained in or on the Services.
  13. Do not utilize or copy information, content or any data you view on and/or obtain from the Services to provide any service that is competitive, in Gemme Daniels's sole discretion, with the Services.
  14. Do no use the Services for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law.
  15. Encourage or enable any other individual to do any of the foregoing.
  16. Do not contact, access, or view the site from prohibited hosts or their associated site(s), associated business entity or agent thereof, including, yet not limited to, conpak.net, containers.com, containerandpackaging.com.
Report inappropriate postings or conduct to Gemme Daniels.
Your violation of any of these rules and the Terms of Use may result in civil or criminal liability. Gemme Daniels may investigate occurrences relating to such violations and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such violations. If Gemme Daniels determines you misled Gemme Daniels or violated these rules or the Terms of Use, we reserve the right to terminate your use of the Services. Gemme Daniels is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported. It is your responsibility to ensure that your use of the Services complies with these Terms of Use and all applicable laws.
PAYMENT.
1. While certain Services are provided free of charge, some of our Services require payment. In order to use our Services that have fees associated with them, you must select a payment method and provide accurate billing and payment information when prompted. You agree to pay Gemme Daniels for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize Gemme Daniels to charge your designated payment method for such charges. If Gemme Daniels, for any reason, does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by Gemme Daniels or its operators. Every time you use the Services, you reaffirm that (i) Gemme Daniels (or its designated vendor acting as its billing agent) is authorized to charge your designated payment method; (ii) Gemme Daniels may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges.
2. Please note: Gemme Daniels uses a domestic or an international third-party payment service, the latter of which may result in international transactions fees billed to your credit card, (collectively, the "Payment Service"), to collect payments for all fees. At the time of purchase, you will provide Gemme Daniels your payment information and we will pass that along to the Payment Service. Please note that any international transaction fees that you may incur are charged by your bank and not by Gemme Daniels. All questions concerning such fees should be directed towards your bank. Any information you provide us in connection with payment that we provide to the Payment Service may also be subject to the Payment Service's user agreement and privacy policy. You acknowledge and agree that Gemme Daniels is not, and will not be, responsible or liable for the Payment Service's services, its site or any acts or omissions of the Payment Service. Price and availability of any Services are subject to change without notice. Refunds and exchanges will be subject to Gemme Daniels's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred, including without limitation, any taxes that may be applicable.
REFUND AND EXCHANGE POLICY.
1. When downloading paid images, errors may occur. Gemme Daniels allows for multiple formats and exchanges. If an error is confirmed, Gemme Daniels will refund but does not allow for substitution or exchange of digital content.
2. Content may be required to be received through third party software, sites, or resources. Transmission of file methods with largely be determined be purchasing agreement.

GLOSSARY OF TERMS

authorized user- a user of Gemme Daniels services who acts compliant and bound to the Privacy Policy and Terms of Use Policy for Gemme Daniels including all associated social media sites, mail, and email.

member- authorized user who has filled out the membership form and has been approved

purchase contract- a contract agreement purchased for limited access to specific downloadable or digitally transferable content.

user- an entity accessing a service of Gemme Daniels.