Klusster Terms of Service

Outlined below is important information regarding the terms and conditions of using the products and services of Klusster Media Inc., including www.klusster.com.

PLEASE READ THE FOLLOWING CAREFULLY. BY USING THIS SITE, YOU SIGNIFY YOUR EXPRESS CONSENT OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS SITE.

Welcome to the Terms of Service Agreement (the “Agreement” or “User Agreement”) for users of www.klusster.com (hereafter “KLUSSTER” or the “SITE”). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of KLUSSTER. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and also our Privacy Policy, which include those terms and conditions expressly set out below and in our Privacy Policy and in terms and conditions incorporated by reference, before you may become a user or member of the SITE.

We may amend this Agreement at any time by posting the amended terms on the SITE. This Agreement may not be otherwise amended except in writing. The SITE is owned and operated by Klusster Media Inc., a company incorporated in the Province of Ontario, Canada with registered office in Burlington, Ontario, Canada. KLUSSTER reserves the right, at any time, to modify, alter, or update this User Agreement, and you agree to be bound by such modifications, alterations or updates.

1. Electronic Communications

1. When you visit KLUSSTER or send e-mails to us, you are communicating with us electronically and you expressly consent to receive communications from us electronically. Notwithstanding the foregoing, you can indicate to us that you no longer wish to receive communications from any business user by carrying out the unsubscribe procedure. We will communicate with you by e-mail or by posting notices on this SITE. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. By joining KLUSSTER, the user acknowledges and agrees that KLUSSTER will send member e-mails relating to their member account, transactions and KLUSSTER promotions. You can opt out of KLUSSTER e-mail services at any time by logging in to the SITE and selecting the Notification options. You can also unsubscribe to special promotional e-mails from us and/or our business users at any time by clicking on the unsubscribe link in any of our e-mail communications.

2. Your www.klusster.com Password

KLUSSTER is entitled to act on instructions received under your password. You are responsible for keeping your user ID, password, and account information confidential. KLUSSTER is not responsible for any transactions performed from your accounts by any other party using your password.

General Terms and Conditions of Use

3. Proprietary Rights

1. All materials on this site, including, without limitation, text, data, information, images, illustrations, audio clips, video clips, special games, surveys and special promotions, are protected by intellectual property rights owned and controlled either by KLUSSTER or its subsidiaries, or by third parties who have licensed their material to KLUSSTER. Material from the SITE may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of KLUSSTER or except as specifically permitted on this Web site. Modification of material or use of material for any purpose other than your own personal, non-commercial, institutional or home use is a violation of copyrights and other intellectual property rights. The use of any such material on any other Web site or networked computer is prohibited.
2. The trade marks, logos and service marks that you see on this SITE are registered and unregistered marks of KLUSSTER or its subsidiaries, or third parties who have licensed the use of such marks to KLUSSTER. Nothing in this SITE grants any licence or right to use any marks displayed on this SITE without the written permission of the owner of the mark. Your misuse of the marks displayed on this SITE or any other content on this SITE is strictly prohibited.
3. KLUSSTER makes no representation that materials on the SITE are appropriate or available for use in locations or legal jurisdictions other than the location to which promotions and materials are directed by businesses and other organizational entities in the SITE.
4. KLUSSTER welcomes your comments on our services, including the SITE. However, any notes, messages, billboard postings, ideas, suggestions or other material that you submit to KLUSSTER will become property of KLUSSTER. KLUSSTER is entitled to use any material that you submit for any type of use forever in any media whether known now or developed later. When you submit material to the SITE, you agree that KLUSSTER has the right to publish the material for any use as outlined above including, but not limited to, promotional and advertising purposes, without compensation to you of any kind. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas or artwork.

4. Linked Sites

SOME LINKS IN THE WWW.KLUSSTER.COM SITE LET YOU LEAVE THE WWW.KLUSSTER.COM WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF WWW.KLUSSTER.COM AND WWW.KLUSSTER.COM IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. WWW.KLUSSTER.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY WWW.KLUSSTER.COM OF THE LINKED SITE.

5. Disclaimer

The materials in the KLUSSTER site are provided “as is” and without warranties of any kind either express or implied, unless otherwise specifically noted herein. To the fullest extent permissible pursuant to applicable law, KLUSSTER disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the KLUSSTER site and any Web site with which the KLUSSTER site is linked. KLUSSTER does not warrant the functions, information or links contained on these sites or that their contents will meet your requirements, that these sites or their contents are fit for any particular purpose or that the operations of the KLUSSTER network or its contents will be uninterrupted or error-free, or that these sites or the server that makes them available are free of viruses, worms or other harmful components. Without limitation, KLUSSTER makes no representations and warranties, express or implied, with respect to any specific merchandise or service that will be available for or obtained by members through the redemption of coupons or other posted promotions.

6. Termination

These terms and conditions of use constitute an agreement that is effective until terminated by KLUSSTER, in its sole discretion, at any time without notice. KLUSSTER may terminate your right to use this site immediately, without notice to you if, in the sole discretion of KLUSSTER, you fail to comply with any of these terms and conditions of use or engage in any fraudulent activity. For clarification purposes, it is understood and agreed that KLUSSTER shall be entitled to terminate your right to use this site in its sole discretion. In the event of termination of an account, you are no longer authorized to access the benefits of this site; and the restrictions imposed on you with respect to material copied or downloaded, the disclaimers and limitations of liabilities set forth in these terms and conditions of use, shall survive the termination of this agreement. These terms and conditions of use constitute the entire agreement between you and KLUSSTER related to this site.

7 Governing Law

This agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario and Canada without giving effect to any principles of conflicts of law. You agree to bring any claims against KLUSSTER exclusively in the courts of Ontario. If any provision of these terms of use proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.

8. Compliance with Laws

1. You agree that your use of the site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
2. You agree not to impersonate another person in your use of the site or the sending of any e-mail to an address listed on the site.
3. You will not:
   1. use this SITE to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass e-mail to individuals or entities who have not agreed to be part of such mailings;
   2. omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content;
   3. impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity;
   4. engage in any activities intended to withhold or cloak identity or contact information;
   5. send harassing and/or threatening messages to others;
   6. post excessive (20 or more copies of the same article in a 45-day period) or repeated off-topic articles to newsgroups; or
   7. engage in “flooding”, i.e., ICMP flooding and mail bombing (sending large amounts of e-mail repeatedly to the same e-mail address).
4. You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content on or through this SITE that:
   1. is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
   2. infringes or violates any party's copyright, trade-mark, trade secret, patent or other proprietary rights;
   3. you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or
   4. contains personally identifiable information not belonging to you including personal information belonging to minors.
5. To the extent that the following activities are prohibited by applicable law, in using this SITE you will not:
   1. use the SITE for any illegal purpose, in violation of any applicable laws or regulations;
   2. publish Web pages that contain links that initiate downloads of copyright-infringing or other illegal material;
   3. electronically stalk or otherwise electronically harass others; or
   4. engage in any Internet activities that would violate the privacy rights of others, including but not limited to, collecting, using and disclosing information about Internet users without their permission, except as permitted by applicable law.
6. To the extent that any of the following activities materially interfere with this SITE or the network and systems of a Company service provider ("Third Party Services"), you will not:
   1. post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this SITE or the Third Party Services;
   2. use Internet Relay Chat (IRC) bots or other programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day;
   3. hinder the ability of others to use IRC;
   4. disrupt the normal flow on this SITE or the Third Party Services or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
   5. interfere with, disrupt, or harm in any way the servers or networks connected to this SITE or the Third Party Services;
   6. use this SITE or the Third Party Services to access the accounts of others without permission;
   7. attempt to penetrate security measures of this SITE, the Third Party Services, or another entity, or obtain or bypass others' passwords; or
   8. engage in denial of service attacks, or take actions designed to impair network access by flooding a site or the Internet with useless traffic.
7. You acknowledge and agree that you are solely responsible for your account and the security of your password relating to such account and that you will not disclose it to any third parties. In addition, you will promptly advise KLUSSTER of any unauthorized use of your password.

9. Viruses

While every effort is made to ensure that all information provided at the site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.

10. Business Owner Users

KLUSSTER provides services to Business Owners including tools for the posting of content and promotions to the SITE and enable sharing of that content with consumers through social networks. The Business Owner Users acknowledge that they do not pay any fees to the Company for the use of these services, although, the third party Klusster Owner may decide on their volition to charge a fee to Business Owners for their services, which are enabled through the SITE.

Business Owners acknowledge that each Klusster Owner has the right to determine what content shall be included in any Klusster and may edit the Business Owner’s submitted content. The Klusster Owner also has the right to determine which Business Owners may participate as a contributor of one of their Klussters.

KLUSSTER reserves the right to suspend any account that violates our terms of service or privacy policy.

11. Klusster Owner Users

KLUSSTER provides services to Klusster Owners including tools for the organizing of content and promotions from Business Owners to the Site and enable sharing of that content with consumers through social networks. The Klusster Owner Users acknowledge that they may pay fees to the Company for the use of these services, which are enabled through the SITE.

KLUSSTER will invoice Klusster Owners per Klusster once per month and fees may be paid by credit or debit cards, through branded cards accepted by the Company for payment, which may change from time to time. Fees charged to the Klusster Owner are at the sole discretion of KLUSSTER and based on the number of social network followers for each Business in each Klusster, the number of page clicks in each Klusster as well as the number of subscribers (followers) of a Klusster.

Klusster Owners acknowledge that they are responsible to maintain the appropriateness of the content within their Klusster. KLUSSTER reserves the right to suspend any Klusster Owner account that violates our terms of service or privacy policy.

12. Our Obligations

KLUSSTER may be required by law to disclose information you have provided in obtaining our products or services and if so, shall comply with same. KLUSSTER may also disclose information against someone who poses a threat to KLUSSTER’s interests (such as customer fraud) or whose activities could bring harm to others. In addition, it may be necessary for KLUSSTER to provide customer information to third parties, such as credit card companies, for the purpose of resolving disputes that arise in the normal course of business.

13. Other Web Sites

There are several places throughout the SITE that may link you to other websites that do not operate under KLUSSTER information privacy practices. When you click through to these websites, KLUSSTER information privacy practices no longer apply. We recommend that you examine the privacy statements for all third party websites to understand their procedures for collecting, using, and disclosing your information. For clarification purposes, it is understood and agreed that our Business Owners and Klusster Owners are responsible for their own content and promotions. By accepting these terms and conditions, you agree that any recourse for any losses and/or damages incurred by you and related to the said content and promotions shall only be against such Business Owners and Klusster Owners and not against KLUSSTER.

14. Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We understand clearly that you and your information are one of our most important assets. We store and process your information on computers located in Canada and the United States of America that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at www.klusster.com. If you object to your Information being transferred or used in this way please do not use our services.

15. No Warranty

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

16. Liability Limit

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE. NEITHER KLUSSTER, ITS PARENT, NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED ON THE KLUSSTER SITE OR FROM THE USE OF, OR THE INABILITY TO USE KLUSSTER MATERIALS. YOU SPECIFICALLY AGREE THAT KLUSSTER IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE KLUSSTER SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF KLUSSTER’S TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KLUSSTER SITE.

17. Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliated companies, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

18. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services.

19. No Agency

You and KLUSSTER are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20. Changes to These Terms and Conditions of Use

KLUSSTER reserves the right to change the above Terms and Conditions of Use without notice. Any changes will be posted on our website.