As of 7 May 2015
1. You must be at least 18 years old to use the Services, Content and Story Submissions.
2. You may not post User Content that is violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos via the Services.
3. You will find information and content in the site for your own use and will allow you to submit information (Services). Your access to or use of these Services constitutes your acceptance of all the provisions of these Terms of Service. The Site may also contain links to third party websites that are not owned or controlled by Kate. Kate has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.
4. You may be asked to provide information by Kate to gain access to some Services, such as story submissions, comments, Collaborate page or to register for the Kate newsletter. You are required to provide accurate and up to date information. You may not impersonate another person. Kate reserves the right to stop your access to the site at anytime.
5. Kate hereby grants you permission to use the Site and Services, provided that:
• you use the Site for personal, non-commercial use,
• you will not duplicate or distribute any part of the Site without Kate’s approval,
• you will not alter or modify any parts of the Site, and
6. You are responsible for any activity when using the site and you agree that you will not sell, transfer, license or assign your account, followers, username, or any account rights to others. Kate prohibits the creation of an account for anyone other than yourself, and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or have provided to Kate upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
7. You agree that you will not solicit, collect or use the login credentials of other Kate users.
8. You are responsible for keeping your password secret and secure.
9. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Services, Content and Story Submissions, including but not limited to, copyright laws.
10. You are solely responsible for your conduct and any data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, links and other materials that you submit, post or display on or via the Services (“Story Submissions”).
11. You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services of Kate.
12. You must not create or submit unwanted email, comments, or other forms of commercial or harassing communications (spam) to any Kate users.
13. You must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Kate page is rendered or displayed in a user’s browser or device.
14. You must not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
17. You are solely responsible for your interaction with other users of Kate, whether online or offline. You agree that Kate is not responsible or liable for the conduct of any user. Kate reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you post personal or other information.
18. DISCLAIMER. Some of Kate’s content are based on opinion and may contain errors in spelling, grammar, intent, rumor, presumption. There are brands and companies with links in Kate’s content which may sell products though their sites. Kate may be given a percentage of sales from links to these sites (?). This does not affect Kate’s editorial integrity.
Content, User Content & Rights
Kate makes services like Kate Shop, Celebrations by Kate, Brand Partnerships, Story Submissions (“Services”) and content like Articles, News, Features (“Content”) available to its users. Kate assumes no responsibility whatsoever for any consequence relating directly or indirectly for the use of its Services, Content and User Content. Kate does not guarantee, and will not be responsible for any damage and/or loss related to the accuracy, completeness and/or timeliness of the Services Content and Story Submissions found in its website.
Finally, you agree not to post or use Kate to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting materials or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
Terms for Kate Shop
All transactions, selling, buying, trading, and bartering (“Transaction”) within the Kate Shop is solely between individuals or group of individuals who are registered users of Kate. Kate is by no means involved in any capacity including as neither agent nor principal; and has no control in the conduct of Transaction among its users.
Kate assumes no responsibility whatsoever for any consequence relating directly or indirectly to any Transaction you take, or fail to make, based on the contents, information, services or other materials found in its Kate Shop. Kate does not guarantee, and will not be responsible for any damage and/or loss related to the accuracy, completeness and/or timeliness of the contents found in its Kate Shop.
In order to conduct Transaction in the Kate Shop, you must:
1. be 18 years of age and above;
2. be responsible for the accuracy and correctness of information when posting an item for Transaction;
3. be responsible for reading and understanding the full information about an item for Transaction;
4. not post any item that is illegal, immoral, racist, dangerous, prohibited, or otherwise deemed, at the sole discretion of Kate, as inappropriate or a violation of its policies;
5. as sellers, not fail to deliver items purchased from as the user, unless the buyer fails to meet the agreed terms, or the user cannot authenticate the buyer’s identity;
6. as buyers, not fail to deliver payment for items purchased by as a buyer, unless the seller fails to meet the agreed terms, or the buyer cannot authenticate the seller’s identity;
7. as traders, deliver items agreed to be exchanged for another item, unless either party fails to meet the agreed terms, or either party cannot authenticate the other’s identity.
Disclaimer of Warranties
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE KATE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE KATE CONTENT; (C) STORY SUBMISSIONS; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE KATE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE KATE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE KATE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF KATE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICES, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE KATE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICES, OR OTHER CONTENT OWNED OR CONTROLLED BY THE KATE PARTIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF THE CIVIL CODE OF THE PHILIPPINES, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
KATE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.