Last Modified: June 06, 2023
By participating in the Kale community, you agree to abide to Kale's Community Guidelines and any modifications thereof. If you violate these guidelines, we may take action against your account, up to and including permanent suspension or termination of your account without prior notice.
We reserve the right to withdraw or amend the Platform, and any service or material we provide on or through the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users. You are responsible for making all arrangements necessary for you to have access to the Platform.
By creating an Account, you agree and give express consent that the Company may send you text (SMS) messages as part of the normal business operation of your use of the Platform and Kale Rewards Program. You may opt-out of receiving text (SMS) messages from the Company at any time by replying "STOP" in response to the text message you received. You acknowledge that opting out of receiving text (SMS) messages may impact or disable your use of the Platform and Kale Rewards Program.
Upon registering for an Account, you may be required to integrate your Account with third-party social media accounts, such as Facebook, Instagram, and TikTok ("Social Media Properties"). In connection with such integration, you authorize Company to obtain certain information about you from your Social Media Properties, including the content created and/or posted by you in connection with the Kale Rewards Program ("Creator Content"), and certain personal information, such as your name, profile information, profile picture, social media account metrics, number of followers, and any information that you may make publicly available on your Social Media Properties (collectively, "Social Media Information"). Company may include and integrate some or all of your Creator Content and Social Media Information in the Platform, and your Creator Content and Social Media Information may be available to Brands or other users of the Platform. By using the Platform and creating an Account, you are directing the Company to share the Creator Content, Social Media Information, and other personal information you provide to us with participating Brands, regardless of your actual interaction with each such brand.
The Platform allows Kale, in its sole discretion, to provide eligible users with access to special promotional programs, including those conducted in collaboration with one or more Brands, whereby users may receive rewards for posting about a Brand's product on such users Social Media Properties. Rewards, if any, will be determined solely by Kale, in its sole discretion, and Kale's determination is final and binding. Additional terms and conditions govern your participation in rewards programs.
Company may terminate, suspend, or otherwise restrict or prohibit access to and use of the Platform and any services made available through the Platform, including the Kale Rewards Program, for any reason and without prior notice.
You acknowledge and agree that the Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), and all related intellectual property rights, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Platform are the trademarks of their respective owners.
You hereby grant to Kale a non-exclusive, perpetual, sublicensable, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicence, modify, create derivative works, communicate, publish, publicly perform and publicly display your Creator Content for any purpose. You further grant Kale a non-exclusive, perpetual, worldwide, royalty-free, sublicensable license to use your name, images, and likeness as incorporated in the Creator Content in connection with the licenses granted hereunder.
You are solely responsible for your Creator Content and your Social Media Properties. You shall adhere to all applicable consumer protection and privacy-related laws and regulations, including, without limitation, all endorsement requirements of the U.S. Federal Trade Commission ("FTC") and the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising and similar such FTC rules and regulations (collectively, "FTC Regulations"). You shall include full, fair, and effective disclosures of the material facts relating to your relationship with Kale and any Brand. Your disclosures should be clear and concise. Examples of required disclosures that may be acceptable include #ad, #paid, #[BRAND]partner, or #[BRAND]ambassador. The foregoing is provided for informational purposes only, and does not constitute legal advice. It is your sole and exclusive responsibility to ensure the compliance of all Creator Content.
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Platform, or by anyone who may be informed of any of its contents. This Platform may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You are solely responsible for paying any and all applicable taxes or other charges required by any governing entity in connection with your rewards from the Kale Rewards Program, including, without limitation, any income tax related to your rewards from the Kale Rewards Program.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
We may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We provide the Platform for use only by persons located in the United States and Canada (the "Territory"). We make no claims that the Platform or any of its content is accessible or appropriate outside of the Territory. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the Territory, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR ANY SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IF YOU ARE DISSATISFIED WITH THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERINATE THIS AGREEMENT AND DISCONTINUE USE OF THE PLATFORM.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY CONTENT ON THE PLATFORM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
No agency, fiduciary, partnership, joint venture, employee/employer, franchisor-franchisee is intended or created by your use of the Platform or any services provided through the Platform.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, please notify Kale's Copyright Agent in writing, pursuant to the Digital Millennium Copyright Act ("DMCA"), with the following information (see 17 U.S.C. § 512(c)(3) for further detail): (a) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work that is claimed to be infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and email address; (e) a statement that you have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
The above information must be submitted to the following Copyright Agent:
Attn: DMCA Notice
Palette Technologies, Inc.
Address: 3267 Coastal Oak Drive Simi Valley CA 93065