Last Updated: May 5th, 2013
Thank you for using Kiinzel.com. This user agreement (the "Agreement" or "User Agreement" or "TOU") describes the
terms and conditions applicable to Your use of our services available under the domain and sub-domains of
http://kiinzel.com (the "Site"). 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 the
reference, before You may become a registered user of Kiinzel.com. We strongly recommend that, as You read this User
Agreement, You also access and read the information contained in the other pages referred to in this document, as
they may contain further terms and conditions that apply to You as a Kiinzel.com user.
We may amend this Agreement at any time by posting the amended terms on the Site.
The TOU apply between us and You or the legal entity that You represent (hereinafter "You").
In addition to these TOU, some parts of the Service may include additional provisions, descriptions of service,
and/or other instructions which You must also comply with in addition to these TOU.
1. General Description: Kiinzel Service
The Service enables trading or selling of goods ("Items") between registered parties ("Users") of the Service. We
are not a party to the trade or transaction but merely offer a platform for trading and selling of Items between
It is important to realize that we do not set up trades or transactions. Instead, the Site acts as a venue to allow
registered users to trade or sell items. We are not involved in the actual transaction between Users of the Service.
As a result, we have no control over the quality, safety or legality of the items offered, the truth or accuracy of
the listings, or the ability of traders to trade. We cannot ensure that a trader will actually complete a trade.
Consequently, we do not transfer legal ownership of items between traders and/or from the seller to the buyer.
2. Service Rules
In connection with Your use of our Service, You may not and You agree that You will not:
(1) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including,
without limitation, zoning restrictions; (2) infringe the rights of any person or entity, including without
limitation, their intellectual property, privacy, publicity or contractual rights; (3) interfere with or damage our
Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood
pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or
similar methods or technology; (4) use our Service in connection with the distribution of unsolicited commercial
email ("spam") or advertisements unrelated to Service; (5) "stalk" or harass any other User of our Service or
collect or store any personally identifiable information about any other User (except as expressly permitted by the
Service); (6) offer, as a seller or trader, any items that You do not Yourself own (without limiting the foregoing,
You will not list items as a Seller if You are serving in the capacity of a broker, rental agent or listing agent
for a third party); (7) register for more than one Kiinzel Account or register for a Kiinzel Account on behalf of an
individual other than Yourself; (8) recruit or otherwise solicit any seller/trader or other User to join third party
services or websites that are competitive to Kiinzel, without Kiinzel's prior written approval; (9) impersonate any
person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity; (10)
use automated scripts to collect information or otherwise interact with the Service; (11) use the Service to find a
seller/buyer/trader and then complete the transaction independent of the Service in order to circumvent the
obligation to pay any fees related to Kiinzel's provision of the Listing; (12) as a seller or trader, submit any
Listing with a false or misleading price information, or submit any Listing with a price, service or activity that
You do not intend to honor; (13) use, display, mirror or frame the Service, or any individual element within the
Service, Kiinzel's name, any Kiinzel trademark, logo or other proprietary information, or the layout and design of
any page or form contained on a page, without Kiinzel's express written consent; (14) access, tamper with, or use
non-public areas of the Service, Kiinzel's computer systems, or the technical delivery systems of Kiinzel's
providers; (15) attempt to probe, scan, or test the vulnerability of any Kiinzel system or network or breach any
security or authentication measures; (16) avoid, bypass, remove, deactivate, impair, descramble, or otherwise
circumvent any technological measure implemented by Kiinzel or any of Kiinzel's providers or any other third party
(including another User) to protect the Service or any content thereon; (17) attempt to decipher, decompile,
disassemble or reverse engineer any of the software used to provide the Service; or (18) advocate, encourage, or
assist any third party in doing any of the foregoing.
Kiinzel has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Kiinzel may involve and cooperate with law enforcement authorities in prosecuting Users who violate this
In order to access certain features of the Service, and to create or make an offer on a Listing, You must register
to create an account ("Kiinzel Account").
You may register to join the Site directly via the Service. You can also register to join by logging into Your
account with certain third-party social networking sites (for example, Facebook). By connecting to Company with a
third-party service, You give us permission to access and use Your information from that service as permitted by
that service, and to store Your log-in credentials for that service.
You may not have more than one (1) active Kiinzel Account. You agree to provide accurate, current and complete
information during the registration process and to update such information to keep it accurate, current and
complete. Kiinzel reserves the right to suspend or terminate Your Kiinzel Account and Your access to the Service for
any reason or no reason. You are responsible for safeguarding Your password.
You agree that You will not disclose Your password to any third party and that You will take sole responsibility
for any activities or actions under Your Kiinzel Account, whether or not You have authorized such activities or
actions. You will immediately notify Kiinzel, via email@example.com, of any unauthorized use of Your Kiinzel
By registering with the Service You agree:
That You are of a legal age to form a binding agreement with us. You specifically may use the Service only if You
can form a binding contract with Kiinzel, and only in compliance with this Agreement and all applicable local,
state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13
is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously
removed from the Service by Kiinzel.
That You acknowledge and agree that Kiinzel acts as a mere passive conduit to facilitate Listing as well as trading
and/or purchase/selling of Listings, and that Kiinzel shall have no liability for verifying the suitability of
Listings for individual Users.
That if You are entering into the agreement embodied in these Terms on behalf of a corporation or other legal
entity, You represent that You have the authority to bind such an entity, its affiliates, and all Users who access
the Service through Your account to these Terms, in which case the terms "You" or "Your" shall refer to such entity,
its affiliates, and Users associated with it.
To provide true, accurate, current and complete information about Yourself as prompted by the registration
To maintain and promptly update the information provided during registration to keep it true, accurate, current,
and complete; and
That if You provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable
grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate Your User
account and refuse current or future use of the Service.
Browsing Items in the Service does not require You to register to the Service. However, if You wish to list Items
to the Service, You need to register.
Following Your registration, You will be granted a user account with personal and individual identification
information. You must preserve the identification information carefully so that any third parties cannot access the
identification information. The identification information is personal to You and You must not disclose it to
If a third party acquires or otherwise becomes aware of Your identification information, You must notify us
immediately thereof by sending an e-mail to firstname.lastname@example.org. (Changes in the e-mail address will be notified in
We have the right, in our sole discretion, to suspend Your User account upon receiving notice from You or otherwise
about Your identification information having been compromised.
We have the right, in our sole discretion, to modify Your identification information at any time for information
security or other similar reasons. You will be informed of such modifications beforehand to the extent reasonably
We have the right, in our sole discretion, to suspend access to Your User account temporarily or permanently if You
or the use of Your User account are in breach of the TOU, applicable laws and/or administrative regulations or if
there otherwise is a similar reason for such a suspension.
4. Personal Data – What about Privacy?
accepting these TOU You also give Your consent for the processing and use of Your personal data in accordance with
- Respect the privacy of other Users;
- Not engage in unauthorized collection of User's content or information, and/ or not otherwise access the Service
by automated means (including, but not limited to, so-called bots or scrapers) without an authorization from us;
- Not reveal any personal data related to another individual, including, but not limited to, a person's address,
phone number, e-mail address, credit card number or any information that may otherwise be used to track, contact
or impersonate another individual;
- Not upload or transmit unsolicited e-mail messages or mobile device messages;
- Not utilize a username that is the name of another person and intending to impersonate that person; and
- Not provide any false personal data to us or create any User account for anyone other than Yourself without such
Moreover, by using the Service, You consent and agree to the collection and use of certain information about You
Please be reminded that You must protect any passwords or other credentials associated with Your account(s) for the
Service, and take full responsibility for any use of the account(s) under Your password. You hereby acknowledge that
You bear the full and sole responsibility for adequate security, protection and backup of Your credentials and
materials You post in the Service.
Kiinzel does not currently charge fees for the creation of Listings or for advanced features. However, You
acknowledge and agree that Kiinzel reserves the right, in its sole discretion, to charge You for and collect fees
from You for the creation of Listings or for advanced features at some time in the future. Please note that Kiinzel
will provide notice of any Listing fee or advanced feature fee collection via the Service, prior to implementing
6. Trading, Selling and Purchasing Items
You can list an item that You wish to sell or trade via the Service (a "Listing").
You acknowledge and agree that You are solely responsible for any and all Listings You post on the Service.
Accordingly, You represent and warrant that any Listing You post: (i) will not breach any agreements You have
entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements,
and rules and regulations that may apply to any offering included in a Listing You post and (b) not conflict with
the rights of third parties. Please note that Kiinzel assumes no responsibility for a Seller's or Trader's
compliance with any applicable laws, rules and regulations.
You agree that any and all Listings You post are not duplicate Listings (defined as being comprised of the same or
substantially the same content), both within the same category and across other sub-categories. You also agree to
post Listings in the most suitable category. Accordingly, Kiinzel reserves the right to remove duplicate Listings
and reallocate miscategorized Listings to the correct category.
You understand and agree that Kiinzel does not act as an insurer or as a contracting agent for, or representative
of, You as a Trader or Seller, and if a User of the Service makes an offer or otherwise participates in Your
Listing, any agreement You enter into with such a User of the Service is between You and the User of the Service.
Specifically, Kiinzel is not a party thereto. Please note that Kiinzel reserves the right, at any time and without
prior notice, to remove, modify, or disable access to any Listing for any reason, including Listings that Kiinzel,
in its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise
If You see an item in our Service that You want to acquire through trading or purchasing, You can post an Offer
referring to that item in the Service (an "Offer"). Trades and/or purchase/sell transactions can be made between two
Users of the Service. When there is an agreement between Users of the Service, the trade and/or purchase/sell
transaction will be completed. You will be notified of offers and completed trades and/or purchase/sell transactions
via the message center of the service.
You represent and warrant to us and to the other Users of the Service that You own and that You have the right and
authority to trade or sell and/or otherwise dispose of the Item(s) You list in the Service.
You also represent and warrant that the Items You list in the Service matches the information provided by You to
the Service, and that the information You have given is not incorrect, out-of-date or misleading. You are obligated
to make the trade and/or payment for the Items You obtain from other members of the Service as agreed between You
and a User of the Service.
We will not become the owner of any Items listed in the Service and therefore we are not a party to any trade or
transaction. We are not liable for any Items (or defects thereof) traded or sold through the Service.
You are obligated to undertake all trades and/or sell/purchase transactions that You have accepted and initiated,
that have been completed. By accepting a trade and/or sell/purchase transaction You agree to be bound by the
conditions of the trade and/or sell/purchase transaction included in the Item's description so long as those
conditions of trade are not in violation of this Agreement or unlawful. By accepting a trade and/or sell
transaction, You are obligated to send the Item associated with the Listing to the other party (the purchaser or
other trader) involved in the trade or transaction.
7. Notifications: How do I Make Notifications Concerning the Service?
All notifications concerning these TOU are to be sent by email to email@example.com. We may send notifications to
You into the e-mail address You have entered in the Service. We may also publish general notifications in the
8. Availability of the Service
We shall have the right to make modifications to the content, technology and use of the Service in our sole
discretion. If such modifications require You to update Your hardware or software, You must do so at Your own
expense. We endeavor but are not obligated to post notifications of such modifications reasonably in advance in the
We shall have the right to suspend the Service, or any part thereof, temporarily and/or permanently in our sole
discretion. We endeavor but are not obligated to notify You of such suspension reasonably in advance in the
We endeavor but are not obligated to notify You about temporary service and other breaks in the availability of the
Service and on the website of the Service.
Your access to and use of the Service is at Your own risk. You understand and agree that the Service is provided to
You on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, OUR AFFILIATES AND WE DISCLAIM ANY
WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make
no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness,
security or reliability of the Service or any content thereon. We will not be responsible or liable for any harm to
Your computer system, loss of data, or other harm that results from Your access to or use of the Service. Moreover,
You agree that we do not have responsibility or liability for the deletion of, or the failure to store or to
transmit, any material or content and other communications maintained in the Service. We make no warranty that the
Service will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or
information, whether oral or written, obtained from the Service or our representatives, will create any warranty not
expressly made herein.
9. Links to Third Party Websites
The Service may contain links to websites owned and/or operated by third parties. Such links are provided for
informational purposes only. We are not responsible for any such third party websites and do not have control over
any materials or content made available therein. Our inclusion of a link to a third party website in the Service
does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content
made available therein. By accessing a third- party website You accept that we do not exercise any control over such
websites or their content. We have no responsibility of the content of any third-party website. We encourage You to
familiarize Yourself with the terms of service applicable to any third-party website You may access.
10. User Content, Kiinzel Content, Proprietary Rights
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information,
comments, questions, Feedback (defined below), pictures, and other content or information ("User Content"). For the
avoidance of doubt, User Content shall include all information posted, transmitted, or otherwise made available by
Users on the Service in connection with the creation of Listings or user interaction associated with Listings.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional
distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any
animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit
children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv)
may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be
unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy
or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane,
or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation,
the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any
information or content that You do not have a right to make available under any law or under contractual or
fiduciary relationships; or (viii) contains any information or content that You know is not correct and current or
(ix) violates any school or other applicable policy, including those related to cheating or ethics.
You agree that any User Content that You post does not and will not violate third-party rights of any kind,
including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent
that Your User Content contains music, You hereby represent that You are the owner of all the copyright rights,
including without limitation the performance, mechanical, and sound recordings rights, with respect to each and
every musical composition (including lyrics) and sound recording contained in such User Content and have the power
to grant the license granted below. Kiinzel reserves the right, but is not obligated, to reject, modify and/or
remove any User Content that Kiinzel believes, in its sole discretion, violates these provisions. You understand
that publishing Your User Content on the Service is not a substitute for registering it with the U.S. Copyright
Office, the Writer's Guild of America, or any other rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask
work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade
secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all
applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country,
territory or other jurisdiction.
In connection with Your User Content, You affirm, represent and warrant the following:
- A. You have the written consent of each and every identifiable natural person in the User Content to use such
person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has
released You from any liability that may arise in relation to such use.
- B. Your User Content and Kiinzel's use thereof as contemplated by this Agreement and the Service will not
violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property
Rights and privacy rights.
- C. Kiinzel may exercise the rights to Your User Content granted under this Agreement without liability for
payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining
agreement or otherwise.
- D. To the best of Your knowledge, all Your User Content and other information that You provide to us is truthful
Kiinzel takes no responsibility and assumes no liability for any User Content that You or any other User or third
party posts or sends over the Service. You shall be solely responsible for Your User Content and the consequences of
posting or publishing it, and You agree that we are only acting as a passive conduit for Your online distribution
and publication of Your User Content. You understand and agree that You may be exposed to User Content that is
inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that
Kiinzel shall not be liable for any damages You allege to incur as a result of User Content.
By posting any User Content on the Service, You expressly grant, and You represent and warrant that You have all
rights necessary to grant, to Kiinzel a royalty-free, sublicensable, transferable, perpetual, irrevocable,
non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, syndicate,
publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or
likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now
known or hereafter developed, for use in connection with the Service and Kiinzel's (and its successors' and
affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and
derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of
the Service a non-exclusive license to access Your User Content through the Service, and to use, reproduce,
distribute, display and perform such User Content as permitted through the functionality of the Service and under
You shall have the right to use the Service for its normal and intended use. You may not use the Service or the
material available in the Service for any other purpose. Except for the express rights granted to You in these TOU,
we do not grant You any rights under any intellectual property or other proprietary rights of ours. Except for Your
User Content, the Service and all materials therein or transferred thereby, including, without limitation, software,
images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio,
videos, music, and User Content belonging to other Users ("Kiinzel Content"), and all Intellectual Property Rights
related thereto, are the exclusive property of Kiinzel and its licensors (including other Users who post User
Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a
license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative
works from any Kiinzel Content. Use of the Kiinzel Content for any purpose not expressly permitted by this Agreement
is strictly prohibited.
11. Kiinzel Content and User Content License
Subject to Your compliance with the terms and conditions of this Agreement, Kiinzel grants You a limited,
non-exclusive, non-transferable license, to access and view any Kiinzel Content solely for Your personal and
non-commercial purposes solely for the purposes expressly permitted by the Service. You have no right to sublicense
the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service, except as expressly
permitted in this Agreement. No licenses or rights are granted to You by implication or otherwise under any
intellectual property rights owned or controlled by Kiinzel or its licensors, except for the licenses and rights
expressly granted in this Agreement.
12. Prohibited Items
By accessing or otherwise using the Service You agree not to list prohibited Items ("Prohibited Items"). We reserve
the right to suspend or terminate the rights of User who lists a Prohibited Item to use the Service. Suspended or
terminated Users of the Service remain obligated to pay us for any and all unpaid fees. The list of Prohibited Items
- Tobacco and other smokeable products
- Drugs, medical drug claims about an item, drug paraphernalia
- Live animals, illegal animal products
- Human remains or body parts
- Firearms and/or weapons
- Hazardous materials (for example: flammable, explosive, corrosive, poisonous, etc.)
- Recalled items
- Real estate
- Motor vehicles (for example: automobiles, motorcycles, boats, travel trailers, etc.)
- Items or listings that promote, support or glorify hatred toward or otherwise demean people based upon: race,
ethnicity, religion, gender, gender identity, disability, or sexual orientation; including items or content that
promote organizations with such views
- Items or listings that promote or support illegal activity or instruct others to engage in illegal activity
- Items or listings that promote, support or glorify acts of violence or harm towards self or others
13. Copyright Infringement
Since we respect artist and content owner rights, it is Kiinzel's policy to respond to alleged infringement notices
that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is
accessible via the Service, please notify Kiinzel's copyright agent as set forth in the DMCA. For Your complaint to
be valid under the DMCA, You must provide the following information in writing:
- 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- 2. Identification of the copyrighted work that You claim has been infringed;
- 3. Identification of the material that is claimed to be infringing and where it is located on the Service;
- 4. Information reasonably sufficient to permit Kiinzel to contact You, such as Your address, telephone number,
and, e-mail address;
- 5. A statement that You have a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or law; and
- 6. A statement, made under penalty of perjury, that the above information is accurate, and that You are the
copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
- Attn: DMCA Notice
- Kiinzel Inc.
- Email: firstname.lastname@example.org
IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR
PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Kiinzel and its affiliates that Your copyrighted
material has been infringed. The preceding requirements are intended to comply with Kiinzel's rights and obligations
under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an
attorney regarding Your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Kiinzel has adopted a policy of terminating, in appropriate
circumstances, Users who are deemed to be repeat infringers. Kiinzel may also at its sole discretion limit access to
the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others,
whether or not there is any repeat infringement.
14. Assignment of the TOU
We shall have the right to assign our rights and obligations under these TOU to a third party without Your consent.
We endeavor but are not obligated to notify You of such assignment in the Service or in another manner in advance.
We shall also have the right to transfer our receivables based on the TOU to a third party. Upon the receipt of a
notification of such a transfer from us, You can effectively pay the transferred receivable only to the transferee.
You do not have the right to assign or transfer the rights or obligations of the TOU either partially or in whole to
a third party.
15. Force Majeure
We are released from our obligations under these TOU to the extent the fulfillment of such obligations is prevented
or delayed due to a Force Majeure. Force Majeure means an impediment beyond the control of either party of
agreement, which could not be reasonably be foreseen at the time of entering into the agreement, and the effects of
which cannot reasonably be avoided or overcome.
16. Intellectual Property Rights
The works and other material on our site are protected by copyright laws and treaties around the world. All such
rights and other intellectual property rights are reserved. You may print off one copy, and may download extracts,
of any page(s) from our site for Your personal reference and You may draw the attention of others within Your
organization to material posted on our site. You must not modify the paper or digital copies of any materials You
have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio
sequences or any graphics separately from any accompanying text. You must not use any part of the materials on our
site for commercial purposes without obtaining a license to do so from us or our licensors. If You print off, copy
and You must, at our option, return or destroy any copies of the materials You have made.
17. Viruses and Hacking
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which
is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on
which our site is stored or any server, computer or database connected to our site. You must not attack our site via
a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You may commit a
criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate
with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our
site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may infect Your computer equipment, computer
programs, data or other proprietary material due to Your use of our site or to Your downloading of any material
posted on it, or on any website linked to it.
You may link to our home page, provided You do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of
association, approval or endorsement on our part where none exists. Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice. If You wish to make any use of material on our
site other than that set out above, please send Your request to email@example.com.
19. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED
SAVINGS; ACCRUED BUT WASTED EXPENDITURE; COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR
OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii)
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE,
HARMFUL, OR ILLEGAL CONDUCT OF THE USERS OF THE SERVICE OR THIRD PARTIES; (iii) FROM ANY COMMUNICATIONS,
INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A
RESULT OF YOUR USE OF THE SERVICE; (iv) ANY CONTENT OR ITEM OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS,
USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN SOME
JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL
BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE
SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM FOR DAMAGES, OR (B) TEN DOLLARS. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
20. NO WARRANTIES
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT KIINZEL DOES NOT
CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, TRADERS, BUYERS AND SELLERS. THE SERVICE AND
COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING
THE FOREGOING, KIINZEL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KIINZEL
MAKES NO WARRANTY THAT THE SERVICE, LISTINGS OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KIINZEL MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICE OR
CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY LISTINGS OR CONTENT OBTAINED
THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KIINZEL OR THROUGH THE SERVICE OR ANY CONTENT,
WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH
OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT
LIMITED TO, ANY TRADERS, SELLERS OR BUYERS. YOU UNDERSTAND THAT KIINZEL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE
STATEMENTS OF USERS OF THE SERVICE OR TO REVIEW OR VISIT ANY LISTINGS. KIINZEL MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND
WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT
LIMITED TO, TRADERS, BUYERS AND SELLERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
21. No Endorsement
Kiinzel does not endorse any Users or any Listings. In addition, although this Agreement require Users to provide
accurate information, we do not attempt to confirm, and do not confirm, any User's purported identity. You are
responsible for determining the identity and suitability of others who You contact via the Service. Kiinzel will not
be responsible for any damage or harm resulting from Your interactions with other Users. By using the Service, You
agree that any legal remedy or liability that You seek to obtain for actions or omissions of other Users or other
third parties will be limited to a claim against the particular Users or other third parties who caused You harm and
You agree not to attempt to impose liability on, or seek any legal remedy from Kiinzel with respect to such actions
or omissions. Accordingly, we encourage You to communicate directly with other Users on the Service regarding any
bookings made by You.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND
WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT
LIMITED TO, BUYERS AND SELLERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to indemnify and hold us harmless from any claim or demand, including attorneys' fees, made by any third
party due to or arising out of Your breach of these TOU, or Your violation of any law or the rights of a third
party. Nothing in these TOU shall be deemed to exclude or limit Your liability in respect of any indemnity given by
You under these TOU. We reserve the right to assume the exclusive defense and control of any matter, which is
subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests
assisting our defense of such matter.
23. No Agency
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee
relationship is intended or created by this Agreement.
24. Termination and Kiinzel Account Cancellation
We may, in our discretion and without liability to You, with or without cause, with or without prior notice and at
any time: (a) terminate this Agreement or Your access to our Service, and (b) deactivate or cancel Your Kiinzel
Account. Upon termination we will promptly pay You any amounts we determine we owe You in our sole discretion,
including those amounts we are legally obligated to pay You. In the event Kiinzel terminates this Agreement, or Your
access to our Service or deactivates or cancels Your Kiinzel Account You will remain liable for all amounts due
hereunder. You may cancel Your Kiinzel Account at any time via the Cancel Account feature or by sending an email to
firstname.lastname@example.org. Please note that if Your Kiinzel Account is cancelled, we do not have an obligation to delete
or return to You any User Content You have posted to the Service.
25. Entire Agreement
These TOU and any instructions and rules posted by us in the Service are the entire agreement between You and us
regarding the Service, and the TOU supersede all prior or contemporaneous communications and proposals (whether
oral, written or electronic) between You and us with respect to the Service.
26. Waiver and Severability
Our failure to exercise any rights under these TOU shall not constitute or be deemed a waiver or forfeiture of such
rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these TOU is held
to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining
provisions of these TOU will remain in full force and effect.
27. Governing Law and Resolution of Disputes
The laws of the province of Ontario, without regard to or application of its conflict of law provisions, will
govern these Terms and any claim, cause of action or dispute arising out of or relating to these Terms will be
brought solely in the courts of Ontario. You hereby consent to the jurisdiction of and venue in such courts and
waive any objection as to inconvenient forum.
The Service is operated and provided by Kiinzel, Inc. If You have any questions about these Terms, please contact
us at email@example.com.