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Terms of Use

INTRODUCTION

Knobs-Pulls.com (“Service”) allows a user to create wish lists and share related information. The following Terms of Use are a legal agreement between you and Knobs-Pulls.com (“Knobs-Pulls”) and apply to you, whether you are a registered member of the Service or a visitor just browsing the website knobs-pulls.com, or one of its affiliated applications or URLs (collectively, the “Website”). Please review the following terms carefully. Your access or use of the Website signifies that you have read, understand, and agree to be bound by these Terms of Use, including the following policies, which are incorporated in this agreement by reference:

  • Privacy Policy (which explains how we collect, use, and disclose information that pertains to your privacy)
  • DMCA Compliance (Take down notice procedures)

If you do not agree to these Terms of Use, then you have no right to access or use the Website, or any content contained on it. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

REGISTRATION

Accounts; Password

To access some of the features of the Website, you will have to create an account (“Account”). During the registration process, you will be required to provide certain information. You represent and warrant to Knobs-Pulls that all information you submit when you create your Account is accurate and complete. If Knobs-Pulls has reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, Knobs-Pulls reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.

You are solely responsible for your account and the activity that occurs while signed in to or while using your account, whether authorized by you or not. You must keep your Account information secure, including without limitation your user number/login and password. You must notify Knobs-Pulls immediately of any breach of security or unauthorized use of your Account. Knobs-Pulls is not responsible for any liabilities, losses, or damages arising out of the unauthorized use of your number/login, password or account.

CHILDREN UNDER 13

You must be at least 13 years old to register for and use the Service. To comply with the Children's Online Privacy Protection Act (COPPA), children under 13 years of age should not open their own accounts on this service. Wish lists for children under 13 years of age should be created and shared within a parent account or an account they open and maintain on behalf of the child under 13 years old.

USE RESTRICTION

Without limiting anything in these Terms of Use, your permission to access and use the Site is conditioned on your agreement that you will not:

  • use the Site to abuse, harass, threaten, intimidate, or invade the privacy of any other person or entity;
  • use the Site to impersonate or misrepresent your affiliation with any person or entity;
  • use the Site for any unlawful purpose or for the promotion of illegal activities;
  • post to, or link from the Site anything that:
  • infringes the copyright or intellectual property right of others, or rights of publicity or privacy;
  • is defamatory, obscene, or pornographic;
  • is fraudulent, false, misleading, or deceptive;
  • promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  • violates, or encourages any conduct that would violate, any applicable law or regulation, would give rise to civil liability, or otherwise violate these Terms of Use;
  • use the Site to post advertising, promotional materials, or other forms of solicitation.
  • use the Site or any of its content for any commercial purpose. Further, under no circumstances may you:
  • use, display, mirror, frame, or utilize framing techniques to enclose the Site, or any content or individual element within the Site;
  • access, tamper with, or use non-public areas of the Site, Knobs-Pulls’ computer systems, or the technical delivery systems of Knobs-Pulls’ providers;
  • attempt to probe, scan, or test the vulnerability of any Knobs-Pulls system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Knobs-Pulls or any of Knobs-Pulls’ providers or any other third party (including another user) to protect the Site or Knobs-Pulls’ Content;
  • attempt to download Knobs-Pulls Content from the Site through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than those generally available third party web browsers for general consumer use (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, or its content;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • not to use this site to collect or harvest personal information about other participants at this site;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • create accounts for the purpose of creating public lists with back links for link farm purposes
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  • encourage or enable any other individual to do any of the foregoing.

You acknowledge that any violations of the provisions of this Section are subject to injunctive relief and you agree to personal liability on behalf of all participants to the violations regardless of entity affiliation, for all related attorney fees, and legal costs.

INTELLECTUAL PROPERTY

The Site and its original content (excluding User Content), features and functionality are and will remain the exclusive property of Tapper’s Incorporated and its licensors. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from Knobs-Pulls.

The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Knobs-Pulls.

Any other trademarks, service marks, logos, trade names, and any other proprietary designations contained on the Service are the sole property of their respective parties.

USER CONTENT TO RECEIVE COMMUNICATION IN ELECTRONIC FORMAT

For contractual purposes, you (a) consent to receive communications from Knobs-Pulls in an electronic form via the email address you submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Knobs-Pulls provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Knobs-Pulls may also use your email address to send you transactional emails which are core to the service such as group invites, reminder emails initiated by others, and password reset emails. Knobs-Pulls may also send other messages, including information about Knobs-Pulls and special offers from the company, its affiliates and partners. You may opt out of these messages by changing your account settings, using the unsubscribe options at the bottom of the email, or sending an email to support@knobs-pulls.com or mail to the following postal address:

Customer Support Knobs-Pulls 212 Chelsea Rd Monticello, MN 55362 USA

Opting out may prevent you from receiving messages regarding Knobs-Pulls feature updates or special offers from Knobs-Pulls affiliates and partners.

WARRANTY DISCLAIMER

THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, KNOBS-PULLS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, KNOBS-PULLS MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES AND RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KNOBS-PULLS, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH KNOBS-PULLS OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KNOBS-PULLS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, or with a Third Party Site you accessed via our Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

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.”

CHANGES IN TERMS OF USE

Knobs-Pulls reserves the right to make changes to these Terms of Use (including the referenced privacy policy and DMCA notice) at any time by posting the revised Terms of Use to the Site. It is your responsibility to check the Site from time to time to view any such changes in the Agreement. Your continued use of the Site after the effective date of such changes constitutes your acceptance of such changes. Knobs-Pulls may attempt to place a notice of significant changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.

All notices will be deemed made upon being transmitted or posted regardless of the date of receipt by you. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site.

GENERAL TERMS

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Minnesota, without regard to conflict of law provisions. Any failure on the part of Knobs-Pulls to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. You agree that any cause of action related to or arising out of your relationship with Knobs-Pulls must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

LEGAL NOTICE

Where notice to Knobs-Pulls is required by any law or regulation, notice may only be addressed to:

Knobs-Pulls 212 Chelsea Rd Monticello, MN 55362 USA

Communications made through any Site e-mail or messaging systems, will not constitute legal notice to Knobs-Pulls or any of its officers, employees, agents or representatives in any situation.