Kaboodle has launched a Brand Program (the "Program") which will allow Kaboodle users who are authorized employees and/or agents of merchants or other companies to "claim" and manage a page in the Kaboodle community that displays brands, products or goods of such merchant or company (such page, a "Brand Profile Page") for such merchants or other companies (such merchants or other companies, "Brands") on the Kaboodle site. The following supplemental terms of service (the "Supplement") govern the use of the Kaboodle site by each Kaboodle user that is designated to manage a Brand Profile Page and the Brand on whose behalf a Kaboodle user has claimed a Brand Profile Page (each a "Brand Admin"). Each user that claims a Brand Profile Page must have a standard Kaboodle user account and this Supplement only serves to supplement those Terms of Service and Privacy Policy that each Kaboodle user accepts and agrees to in connection with the use of their standard Kaboodle account. In the event of a conflict between the Terms of Service and this Supplement, this Supplement shall govern.
The Brand Profile Page has basic features which will generally be available to all Brand Admins. In addition, some Brand Admins may be given access to enhanced or different features that may not be available to other Brand Admins. These Brand Admins may be subject to additional terms of service as agreed to between Kaboodle and the Brand Admin for such features. This supplement applies to all Brand Admins regardless of whether such user has access to a basic or any other features that Kaboodle may offer from time to time.
Brand Admins. You shall only claim a Brand Profile Page if you are duly authorized to claim such Brand Profile Page by the management of the Brand whose Brand Profile Page you wish to claim. If a Brand has more than one location, branch, etc. then you must receive due authorization from appropriate management of the Brand (not just that of a particular location, branch, etc.). You will not impersonate any person or entity or misrepresent your affiliation with any Brand or other person or entity. Kaboodle reserves the right, but does not have an obligation, to independently verify whether a user has the proper authorization to become or continue to be a Brand Admin for a particular Brand. Kaboodle may restrict any user from becoming or continuing to be a Brand Admin at any time in its sole discretion. You shall withdraw as a Brand Admin the moment you are no longer authorized by a Brand to be a Brand Admin on its behalf, please notify Kaboodle by email at support@kaboodle.com or at 408-492-0028 in this event.
Commercial Activities. Users that claim a Brand Profile Page and thus become Brand Admins will be identifiable to other Kaboodle users as being associated with that Brand. The Brand Profile Page may only be used for proper business purposes as permitted by Kaboodle and your use shall otherwise not interfere with Kaboodle�s business or the site. Kaboodle is not able to foresee all of the impermissible ways that Brand Admins may misuse the site and the Brand Profile Page and reserves the right to specifically restrict certain uses from time to time in its sole discretion. While the Brand Admins may have additional functionality in connection with the Brand Profile Page, Brand Admins may not have access to certain features and functions that are ordinarily available to a Kaboodle user. Such features and functions may change from time to time in the sole discretion of Kaboodle. Brand Admins may not engage in any commercial activities anywhere on the site other than within the Brand Profile Page. Such activities include, but are not limited to :
- Solicitation
- Posting external links
- Friend Invite; or
- Using any of the following Kaboodle features for commercial purposes:
- P2P Message
- Profile Comment
- Catalog Item Comment
- List Comment
- Sending a List via P2P
- Group Comment
- Adding an Item to a Group
- Adding a List to a Group
- Creation of Group
- Creation of Help Me Choose Poll
- Voting on Help Me Choose Poll
- Sending a Help Me Choose Poll via P2P
Right to Monitor and Editorial Control. Kaboodle reserves the right, but does not have an obligation, to monitor, review and/or edit, all materials posted to the site within the context of Brand Profile Pages.
No Liability to Brand or Brand Admin. Kaboodle offers the Program for the benefit of Brand and their Brand Admins. You acknowledge that we are not involved in the actual transaction between buyers and sellers and do not offer any guarantees regarding the impact of the Brand Profile Page on your business. You hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees), on behalf of yourself and the Brand you represent, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected to the affect of the Program on the Brand�s business, including the use of you or other Kaboodle users of the site or any outage of the site or otherwise. If you are a California resident, you waive California Civil Code �1542, which says: "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."
Messages to Kaboodle Users. Certain features of the Brand Profile Page will allow Brand Admins to send in-system messages to Kaboodle users who have elected to become fans of a particular Brand on Kaboodle. You may only communicate with Kaboodle users for proper commercial purposes (for example, sending in-system messages related to products, deals or discounts) within the Brand Profile Page. You may not communicate with Kaboodle users for any commercial purposes from areas of the site outside of the Brand Profile Page. Kaboodle users may elect not to receive messages from one or more Brand Admins at which point such user will no longer receive messages sent by such Brand Admin. Users will have the ability to opt out of receiving messages from Kaboodle and specific Brands in accordance with applicable laws (and in some circumstances, more than is required by law). You will not do anything to circumvent the desire of such user to not receive messages from you or the Brand. You will not collect information regarding Kaboodle users.
Compliance with Laws. You agree to comply with all applicable laws while using the Program. Brand Admins shall not indicate that a Brand is offering a particular item for purchase at the Brand's website unless such product is in stock and Brand has all other legal rights to offer such item for sale. Brand Admins shall not indicate that a Brand is offering a particular item for purchase if offering such item for sale would infringe the intellectual property rights of a third party. You will not engage in "keyword spamming", "bait and switching", or list items in inappropriate categories or give items inappropriate or misleading names or names that infringe upon a third party�s trademark. You agree to indemnify and hold Kaboodle, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss or liability arising out of your use of the sites or from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the sites in violation of these terms of service and/or any breach of your representations, warranties and obligations set forth above and/or if any content that you post in Postings on the sites or through the sites causes Kaboodle to be liable to another.
Termination. Kaboodle may terminate, change, suspend or discontinue any aspect of the Program at any time in its sole discretion. Kaboodle may terminate, change, suspend or discontinue use privileges of Brand Admins (or the Brands) at any time in its sole discretion.
Changes to Supplemental Terms of Service. Kaboodle may change this Supplement from time to time in its discretion. Your continued use of our sites indicates your consent to these terms of service and any amended versions of it.
