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.
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
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.
3. Proprietary Rights
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.
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.
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
8. Compliance with Laws
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.
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.
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.
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.
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.