Terms and Conditions

Terms and Conditions

Privacy

Privacy Policy

Thank you for visiting the website located  www.theknifemedia.com (“Site”). The Site is Internet property of The Knife, LLC (“The Knife”, “we” or “us”). We have created this privacy policy (“Privacy Policy”) in order to disclose our information gathering and dissemination practices associated with our services provided through all websites and applications associated with The Knife. We understand the importance that Internet users place on privacy and have designed our Site with this in mind. In order to utilize the Site’s features, parties must register as a member of The Knife (“Member”) by filling out the applicable registration form (“Registration Form”) at the Site, which enables Members to utilize the services available by and through the Site (“Member Services”). In order to complete the Registration Form, and to utilize the Member Services, applicants must supply certain of their own personally identifiable information. We are an optional service. WE ARE NOT A CREDIT REPORTING AGENCY FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”). AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THIS PRIVACY POLICY. Use of data obtained by The Knife We do not rent, sell, share, or trade your personal data with third parties other than as disclosed within this Privacy Policy. We reserve the right to release current or past Site Data: (a) in the event that we believe that the Site is being or has been used in violation of this Privacy Policy, the Beta Test Agreement, other agreements associated with user of the Site, or to commit unlawful acts; or (b) as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site. We reserve the right to use all Site Data associated with Members to investigate fraudulent or other claims made against us. We gather three (3) types of data: – Data that Members directly submit to us – we keep this data fully private unless Member explicitly consents to disclose data or we are legally compelled as described in this Privacy Policy; – Data that we derive from Member usage – we keep this fully private unless Member explicitly consents to disclose data or we are legally compelled as described in this Privacy Policy; – Population data which we derive from population groups and is not associated with specific Members – we own this data and do not share any Member-specific data unless Member explicitly consents to disclose data or we are legally compelled as described in this Privacy Policy; Data that Members directly submit to us In order to facilitate our products and services, and also to develop a trust-based community, we gather personal information from Members through our Registration Form and also through their ongoing use of our products. Information required on the Registration Form may include, but not be limited to, submission of the following information: (a) e-mail address; (b) full name; (c) date of birth; (d) a Member-specified password; (e) mailing address; (f) credit card information; (g) social security or other national ID; (h) gender; and (i) phone number(s). Additionally, we gather information that Members generate through using the application, such as other Members you relate to, what parts of the applications you visit, profile data, calls made, messages sent, GPS location data, etc. The Knife may also gather voice and video data, as well as other data in order to develop and improve certain Site features and to develop and improve Site experience and functionality for each individual user. All information you submit to us is private and will not be shared with any other users or third parties without your consent unless required by legal persuasion such as a court order or subpoena or if the Site is being used or has been used in violation of any agreements associated with the use of the Site. Data we derive from Member usage We gather Members’ server, IP address, browser-type, clicks, impressions, device, browser, and network environment data, and other traffic and/or user action related information in connection with the general administration of the Site (“Site Data”). We also gather and derive data based on Member usage. This data includes browsing and searching data, data based on pattern analysis, and other data derived through The Knife data analysis algorithms. All information not directly submitted to us is private and will not be shared with any other users or third parties without your consent unless required by legal persuasion such as a court order or subpoena or if the Site is being used or has been used in violation of any agreements associated with the use of the Site. Population data which we derive from population groups and is not associated with specific Members We also gather data not associated with a user that is derived as gross data from the population of all The Knife users (“Population Data”). Population Data is compiled by The Knife through analysis of all users of The Knife and is comprised of the demographic, usage and/or other data of Members as a group. An example of Population Data may be, for example only, that ‘75% of all male users of The Knife users between the ages of 18 and 30 have a MasterCard’. Population Data is not associated with specific users, but is aggregate data. All data not associated with a specific user is owned by The Knife and The Knife may utilize this data as we see fit. The Knife will not sell or otherwise make known any data specific to a Member as it relates to Population Data without the consent of the Member. The Knife may, for example, ask Members if they wish to participate in certain benefits or features based on their associated Population Data and the Member may choose to participate or not. If a Member chooses to participate, The Knife may share limited information about that Member as necessary. The Knife will always communicate what Member information will be shared if the Member chooses to participate. Cookies and Other Tracking Technologies When a Member or Non-Member visits the Site, we send a cookie (“Cookie”) to assign an anonymous, unique identifier to the applicable Member’s Internet browser. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site, and are in many instances necessary for the provision of Member Services. We use Cookies on this Site to store your passwords, so you don’t have to enter it more than once and to enhance your experience on the Site. We do not link the information we store in Cookies to any personally identifiable information you submit while on our Site. To find out more about Cookies, please visit www.cookiecentral.com. To disable and reject certain Cookies, please reference the above website for specific browser disabling information. Please be advised that if you disable or reject Cookies, you may not be able to use the Member Services. The Knife reserves the right to retain Cookie data indefinitely. Sharing of the Information Gathered/Tracked by the Site Any personal information that you submit at the Site remains your property. However, by submitting that information to us, you grant to us the right to use your personal information, subject to applicable state and federal law, in the ways set forth herein. We use other third parties such as a credit card processing company to bill you for services. We will share your name, email address, billing address, credit card number and expiration date and other data as necessary for the third party to provide that service. All personal and sensitive information that The Knife collects from Members for the purpose of identity verification may be shared with certain third party companies (such as data partners) for the sole and exclusive purpose of verifying the subject information applicable to the particular verification. These third party companies shall be subject to an obligation of confidentiality regarding such information, and shall not themselves store, save or transfer such information other than as necessary to perform the applicable verification services. Communications from the Site We will send you service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the personally identifiable information you provide us, we may send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We may also employ other companies and individuals to perform certain functions on our behalf. Examples include removing duplicate information from data sets, analyzing data, credit card processing, and providing data analysis. The agents performing these limited functions on our behalf may have access to our Members’ personal information as needed to perform their functions for us but we do not permit them to use Members’ personal information for other purposes. We will also use Members’ personal information for customer service, to provide Members with information that Members may request, to customize Members’ experience on the Site and/or to contact Members when necessary in connection with transactions entered into on the Site. We may also use Members’ personal information for internal business purposes, such as analyzing and managing our business and services. We may also combine the information we have gathered about Members with information from other sources. We may use third parties to help us operate our business and the Site or to administer activities on our behalf. The Knife may release account and any other personally identifiable information of Members: (i) to respond to a subpoena or otherwise comply with the law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site; (ii) to enforce or apply this Privacy Policy and other agreements and policies of The Knife; (iii) when we deem it necessary or appropriate including, without limitation, sharing Members’ e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and Federal Trade Commission implementing regulations; and/or (iv) to protect the rights, property or safety of The Knife or others, including exchanging information with other companies and organizations for fraud protection purposes. To the extent that The Knife collects your credit card-specific information, we will use this information to process and complete any transaction that you request. By submitting your credit card information to us, you authorize The Knife to verify that your credit card account is valid and active one by charging, and thereafter immediately crediting, a small sum to the card upon registration. Such verification may be conducted through a third-party and, in that case, The Knife would share your specific credit card information with this third-party for verification purposes. Apart from said uses, we will not share your credit card information with any third parties without your prior informed consent. Data Retention We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at support@theknifemedia.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Changes in Our Privacy Policy If we change our Privacy Policy, we will notify Members of those changes so that our Members are always aware of changes. We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you here, by email or by means of a notice on our system. Your continued use of the applicable Member Services and Site after posting of the Privacy Policy change on the Site, or receipt of a Privacy Policy change notification e-mail, as applicable, constitutes an affirmative acknowledgment and acceptance by you of the modified Privacy Policy. Security The Knife takes precautions to protect our Members’ information. The Knife regularly reviews its security practices to identify security threats or opportunities for improvement. When Members submit Sensitive Information via the Site, we endeavor to keep this information protected both online and off-line. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk. When we ask Members to enter information (such as a credit card number, Social Security Number, general posted data, etc.), and when such information is stored and/or transmitted, that information is encrypted and protected with SSL encryption software. If you have any questions about Site security, please contact us at support@www.theknifemedia.com.

Terms of Use

Acceptance of the Terms

These Terms of Service (“Terms”) apply when you use a website, mobile application or other online service (collectively, the “Services”) that links or refers to these Terms. These Terms are a legal contract and between you and The Knife, LLC (“The Knife”, “we” or “us”) and govern your access to and use of theknifemedia.com (the “Site”). By using the Services, including the Site, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at Privacy Policy tab (the “Privacy Policy”), which is incorporated herein by reference.

Changes to the Terms or Services

(a) We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. (b) We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Services without notice or liability. (c) IF ANY OF THESE TERMS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR REGISTRATION BY SENDING E-MAIL TO: [support@theknifemedia.com] (SEE SECTION 11 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICES, INCLUDING THE SITE, NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL INDICATE YOUR ACCEPTANCE OF SUCH RULES, CHANGES, OR MODIFICATIONS.

Registration and Security

(a) As part of the registration or account creation process, you will be asked provide certain registration details or other information, including a password and an email address. Each registration is for a single user only. It is a condition of your use of the Services that all the information you provide is correct, current and complete. You agree that all information you provide to register for the Services is governed by our [Privacy Policy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy. (b) If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to or share it with any other person or entity. We may cancel or suspend your access to the Services if you share your login credentials. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of your account. (c) We have the right to terminate access to the Services and disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. (d) You must be 13 years or older to subscribe to all parts of the Services.

Content of the Services

(a) These Terms permit you to use the Services for your personal, non-commercial use only. All materials published on the Services, including, but not limited to news articles, opinions, editorials, reviews, photographs, images, illustrations, audio clips and video clips (collectively, the “Content”) are owned by The Knife, its licensors or other providers of such Content and are protected by United States and international copyright, trademark and other intellectual property or proprietary rights laws. Except as specifically authorized in Section 4(b) below, you agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services in whole or in part. You agree to comply with all additional copyright notices, information and restrictions contained in any Content accessed through the Service. (b) You may occasionally (i) download a copy of the Content from the Service without charge for personal, non-commercial use only, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service; and (ii) [use our “Email Article” service to email an article from the Service to a few individuals without charge]. Please consult The Knife’s [Reprints/Permissions Department] at [email] you need to distribute any Content to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by these Terms. (c) No right, title or interest in the Content is transferred to you, and The Knife reserves all rights not expressly granted by these Terms. Any distribution, modification, copying or other use of the Content not expressly permitted by these Terms is a breach of these Terms that may violate copyright, trademark and other laws and result in termination of the Services.

User Contributions

(a) The Site may contain message boards, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “Contributions”) on or through the Services. All Contributions must comply with these Terms. (b) Contributions must not (i) contain any material which is defamatory, obscene, indecent, pornographic, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable or illegal; (ii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (iii) be likely to deceive any person; (iv) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; (v) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; or (vi) deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.” (c) The Knife encourages heated debate and welcomes active discussions on the Services, but personal attacks are a breach of these Terms and are grounds for immediate and permanent suspension of access to all or part of the Services. (d) Any Contribution you provide to the Services will be considered non-confidential and non-proprietary. By making a Contribution, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses. By posting any Contribution on the Site or otherwise in connection with the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to your Contributions, which includes without limitation the right for The Knife or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Contribution posted by you on or to the Services or any other website owned by The Knife, including any Contribution posted on or to the Services through a third party. (e) You are solely responsible for the content of your Contributions. The Knife does not and cannot review every Contribution and is not responsible for the content of any Contributions. The Knife reserves the right to delete, move, or edit Contributions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

Third-Party Content and Links

The Services may contain third-party owned content and links to other websites (“Linked Sites”). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under our control, and we are not responsible for the content or privacy practices of the Linked Sites.

Charges for Services

We may charge for access to portions of the Services or to the Services as a whole. We reserve the right at any time to change the amount we charge for such access or subscriptions that include authorization to access the Services. We will notify you in advance, and give you an opportunity to subscribe (or un-subscribe) to the Services. More information about any subscriptions can be found in the appropriate locations of the Services, including our [Refund Policy]. You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. You agree to pay all applicable taxes relating to use of the Services through your account.

Representations and Warranties

(a) You represent, warrant and covenant (i) that no materials of any kind submitted through your account will (A) contain libelous or otherwise unlawful material or (B) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; and (ii) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless The Knife and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these or the foregoing representations, warranties and covenants. The Knife reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate as fully as reasonably required in the defense of any such claim. (b) THE SERVICES ARE PROVIDED “AS IS”. THE KNIFE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. THE KNIFE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. YOUR USE OF THE SERVICES AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES IS AT YOUR OWN RISK. THE KNIFE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (IV) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF THE INFORMATION MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY THE KNIFE, INCLUDING ANY OPINION, STATEMENT, ADVICE OR OTHER MATERIAL DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES RELATING TO THE PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE KNIFE OR ANY THIRD PARTY.

Limitation of Liability

IN NO EVENT WILL THE KNIFE OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABILE FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, SECURITY BREACH, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF THE KNIFE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF SUCH DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY COURT OR OTHER AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Trademarks and Service Marks

All rights in the product and service names, logos, designs, trade dress and slogans are trademarks of The Knife or its affiliates or licensors. You must not use the marks or other materials without the prior written permission of The Knife. All other product and service names, logos, designs, trade dress and slogans contained in the Services are the trademarks of their respective owners.

Terms of Use

You may terminate your registration for the Services at any time by emailing us at admin@theknifemedia.com. Upon termination, we will send you an email confirmation that the cancellation was processed, and your access will be suspended within 24 hours. The Knife may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms.

Terms of Use

(a) Entire Agreement. The Terms and our Privacy Policy constitute the sole and entire agreement between you and The Knife with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. (b) Governing Law. These Terms of Service have been made in and shall be construed and enforced in accordance with New York law. (c) Arbitration. At The Knife’s sole discretion, we may require you to submit any disputes arising from the use of these Terms or the Services (including the Site), disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying in Saratoga Springs, New York. (d) Copyright Violations. You agree to report any copyright violations of the Terms to The Knife as soon as you become aware of them. If you have a claim of copyright infringement with respect to material that is contained in the Services, please notify admin@theknifemedia.com. For general information and questions, please contact info@theknifemedia.com.

Terms of Sale

These terms governs the sale of The Knife Media products and services.

Digital Product

The Knife Media offers information services via the website www.theknifemedia.com. These services will only be available if you become a member of The Knife Media and subscribe with a monthly membership fee. Only one person may use the user name and password associated with a digital product account. The Knife Media reserves the right to modify at any time the content, type and availability of any of its digital products.

Subscription and Billing

The Knife Media accepts major credit cards. At any time, we reserve the right to reject any order. Access will be terminated if the initial payment is revoked. All charges are nonrefundable unless otherwise specified in the Cancellation and Refund Policy. You agree to pay the price and the billing frequency that is stated at the time of your order, as well as any applicable taxes. You can review or change your payment method in My Account. Your digital product subscription, which may start with an initial fee and /or a promotional rate, will renew automatically at the end of each billing cycle, until you cancel your subscription or we terminate it. You will not be notified in advance of impending renewals. We reserve the right to make changes in the timing of the billing cycle, in particular in the event that the payment method has failed to settle charges. If your payment method is declined for a recurring payment, your subscription may be immediately suspended.

Promotions, Price Changes, Additional Costs

We reserve the right to change or terminate any offered subscriptions or promotions at any time. We reserve the right to change subscription fees for any of our digital products at any time. We will notify you of any changes in the fee for your subscription from what was stated at the time of your initial order. You will have the opportunity to cancel your subscription at that time. If you do not cancel your subscription, you will be charged the new subscription fee at your next billing cycle. Your subscription may not include access to all of the digital products offered by The Knife Media. You may have to pay additional fees to access other products. The additional costs will be clearly stated. When you use the digital product, you may incur other additional charges from third party service providers (such as telecommunications fees, data fees or service provider fees.) You are responsible for paying any additional charges.

Changes to the Terms of Sale

We may change these Terms of Sale, you will have access to new terms if such changes are made.