Welcome to KABINETT
Terms of Service
Effective date: October 1st, 2016
These Terms of Service (“Terms”) are a contract between you and Kabinett, Inc. (“Kabinett”). They govern your use of Kabinett’s sites, services, mobile apps, products, newsletter and content (“Services”).
By using Kabinett, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use our Services.
We can change these Terms at any time. If a change is material, we’ll let you know before they take effect. What constitutes a material change will be determined at our sole discretion, in god faith. By using Kabinett on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of the site and content will be subject to the new Terms. We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right to terminate or modify the Services for any reason, without notice at any time.
Content rights & responsibilities
You own the rights to the content you create and post on Kabinett.
By posting content to Kabinett, you give us a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, reproduce, translate such content, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). In consideration for Kabinett granting you access to and use of the Services, you agree that Kabinett may enable advertising on the Services, including in connection with the display of your content or other information. We may also use your content to promote Kabinett, including its products and content. We will never sell your content to third parties without your explicit permission.
You’re responsible for the content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By posting content you didn’t create to Kabinett, you are representing that you have the right to do so.
You’re welcome to post content on Kabinett that you’ve published elsewhere, as long as you have the rights you need to do so. By posting content to Kabinett, you represent that doing so doesn’t conflict with any other agreement you’ve made. You will be responsible for any activity that occurs under your user name. Kabinett shall not be liable for any mistakes, defamation, obscenity, pornography, incitement and/or any other unlawful and/or infringing post you made under your user name. We can remove any content you post for any reason.
You commit not to abuse, harass, threaten, impersonate or intimate other users of the Services.
You can delete any of your posts anytime. To delete your account you will need to send us an email to support@wearekabinett.com. Processing the deletion may take a little time, but we’ll do it as quickly as possible. We may keep backup copies of your deleted post or account on our servers for up to 30 days after you delete it.
Our content and services
We reserve all rights in Kabinett’s look and feel. Some parts of Kabinett are licensed under third-party open source licenses. We may also make some of our own code available under open source licenses. As for other parts of Kabinett, you may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from Kabinett unless otherwise permitted by law.
You may not do, or try to do, the following: (1) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers; (2) access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide;
(3) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (4) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.
Crawling the Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Services is prohibited.
We may change, terminate, or restrict access to any aspect of the service, at any time, without notice.
No children
Kabinett is only for people 13 years old and over. By using Kabinett, you affirm that you are over 13. If we learn someone under 13 is using Kabinett, we’ll terminate their account and delete all posts and the account on our servers.
Security
If you find a security vulnerability on Kabinett, tell us.
Incorporated rules and policies
By using the Services, you agree to let Kabinett collect and use information as detailed in our Privacy Policy. If you’re outside the United States, you consent to letting Kabinett transfer, store, and process your information (including your personal information and content) in and out of the United States.
By using Kabinett, you agree to follow these Rules and Policies. If you don’t, we may remove content, or suspend or delete your account.
Miscellaneous
Disclaimer of warranty. Kabinett provides the Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None express, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.
Limitation of Liability. Kabinett won’t be liable to you for any damages that arise from your using the Services. This includes if the Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.
No waiver. If Kabinett doesn’t exercise a particular right under these Terms, that doesn’t waive it.
Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
Choice of law. These Terms are governed by New York law, without reference to its conflict of laws provisions.
Initial Dispute Resolution: If you have any concerns or queries regarding our Services, our customer support team can be reached through our support@wearekabinett.com or www.wearekabinett.com/support.
Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit.
Binding Arbitration: If the parties do not reach a mutually agreed solution within a period of 60 days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate
binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these terms and the Privacy Policy (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of any of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of these terms notwithstanding any other choice of law provision contained in these terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these terms, including without limitation any claim that all or any part of these terms or the Privacy Policy is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Location: Arbitration will take place in the City of New York, New York.
Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRIVACY POLICY ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Intellectual Property and Small Claims Court claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these terms. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the "Binding Arbitration," "Location," and "Class Action Waiver" paragraphs above by sending written notice of your decision to opt-out to the following address: 203 Lafayette St. New York, NY.10012. The notice must be sent within 30 days of commencing use of our Services; otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between Kabinett and you concerning the Services.
