Terms of Use

1. About the Terms of Use Generally

These terms of use (“Terms of Use”) constitute a legally binding agreement between KENNETH MEDIA (“KENNETH MEDIA”, “we” or “us”) and you, and govern the rights and obligations applicable to your use of KENNETH MEDIA’s websites and mobile websites (the “KENNETH MEDIA Properties”), as well as the apps, tools, content, functions and features thereon (collectively, the “Content”).

By using or attempting to use our KENNETH MEDIA Properties, you acknowledge that you have read and understood these Terms of Use and agree to be bound by the terms and conditions hereunder. If you do not agree with these Terms of Use, then do not use or attempt to use, whether in whole or in part, the KENNETH MEDIA Properties.

Below is a short summary of some significant terms that are included in these Terms of Use. You should always read these Terms of Use in their entirety since they represent the terms of a binding agreement to which you are a party, but we thought it might be helpful to bring several key points to your attention right away:

  • You are granted a non-exclusive, non-transferable limited license to use the KENNETH MEDIA Properties, subject to these Terms of Use.
  • To access certain tools, features or functions contained within the Content, you may be required to establish an account.
  • We may make periodic updates to the KENNETH MEDIA Properties at any time and from time to time with or without notice to you.
  • The Content may include digital rights management, security and anti-tampering related features which, if triggered, may result in Content that was previously available for use being unavailable thereafter.
  • You must be at least 18 years of age to accept these Terms of Use and to use our KENNETH MEDIA Properties.
  • By using the KENNETH MEDIA Properties in any manner, you consent to the collection, processing and use of all information that we may collect from you, all of which is collected and handled pursuant to the terms of our Privacy Policy.
  • You understand that you may encounter Content on the KENNETH MEDIA Properties that you may find objectionable.
  • Any User Content (as defined in Section 9 below) that you submit and/or contribute to KENNETH MEDIA may be used by KENNETH MEDIA under a royalty-free, non-exclusive, worldwide and perpetual license
  • We may modify these Terms of Use and may change (e.g., add to, remove or modify) all or any part of these Terms of Use at any time, and although we will post a notice whenever we make a material change, you are responsible for checking these Terms of Use periodically to be sure you are aware of the terms and conditions that apply to you at any time.
  • No information presented throughout any of the KENNETH MEDIA Properties is intended to be construed as, or a substitute for, professional advice. The information presented throughout the KENNETH MEDIA Properties is for general informational purposes only, and is not to be taken as medical advice or treatment information.
  • Your use of any portion of the KENNETH MEDIA Properties and/or your reliance on any of the information contained therein is at your own risk.
  • KENNETH MEDIA disclaims, to the fullest extent permissible by law, all representations and warranties regarding the KENNETH MEDIA Properties as well as any and all products, services and content featured thereon, and limits its liability with respect to these representations and warranties, all as described below.

2. License; Reservation of Rights

By accepting these Terms of Use, you are granted a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the KENNETH MEDIA Properties solely for the purposes of downloading, using, and/or viewing the Content in connection therewith.

We make no representations about the accuracy, reliability, completeness, or timeliness of any Content or the results to be obtained from using the KENNETH MEDIA Properties, and you expressly agree that your use of the KENNETH MEDIA Properties is solely at your own risk. You agree that you will only use the KENNETH MEDIA Properties for non-commercial personal use and for no other purpose. Other than the limited license granted in this Section 2, you have no other rights, title or interest in the KENNETH MEDIA Properties, and any rights not specifically granted to you by us are fully reserved by us and our licensors, as applicable. Any unauthorized or prohibited use of the KENNETH MEDIA Properties may subject you to civil liability, criminal prosecution, or both. You understand and acknowledge that in all circumstances your rights with respect to the KENNETH MEDIA Properties, including the Content therein, will be limited by applicable intellectual property laws and by these Terms of Use.

3. Additional Restrictions

Your use of the KENNETH MEDIA Properties is also subject to the following restrictions:
You agree to abide by all of the terms and conditions in these Terms of Use. These Terms of Use will be enforced in a non-discriminatory manner to all end users of the KENNETH MEDIA Properties, and may include, for example, required or automated updates and modifications, and obtaining available patches to, among other reasons, address security, interoperability, and/or performance issues. These updates, modifications and the like may occur on a periodic or as needed basis without notice to you.

You must be at least 18 years of age to agree to and accept these Terms of Use on your own behalf unless otherwise permitted by us in writing. We believe that children using the Internet require special protection, and we urge parents or guardians to explain Internet safety to their children. Parents are urged to spend time online with their children to become familiar with the types of Content available on the Service and the Internet in general. Control tools are available from online services and software manufacturers to help create a safer environment for children.

You may not use the KENNETH MEDIA Properties to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) so as to violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, or pornography; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iv) that harms minors in any way. You agree not to interrupt or attempt to interrupt the operation of the KENNETH MEDIA Properties in any way.

Because the KENNETH MEDIA Properties include security components, special rules and policies apply. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble, or otherwise alter, tamper or interfere with any aspect of the KENNETH MEDIA Properties. You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any part of the KENNETH MEDIA Properties, including, but not limited to, any text, images, video or audio, for any business, commercial or public purpose.

The license granted to you hereunder does not convey to you any of the following: (a) reproduction or promotional use rights in the Content (e.g., any uses that implicate or require public performance or print music rights, or any use that would result in the commercial redistribution of the Content or the musical composition underlying the Content), (b) rights to enter into arrangements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (c) rights to distribute or redistribute Content on streaming applications (via Internet, intranets and/or other networks), (d) rights to distribute to others Content on other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (e) commercial, sale, resale, reproduction, distribution or promotional use rights for the Content.

You acknowledge and agree that the views expressed on the KENNETH MEDIA Properties do not necessarily reflect the views of KENNETH MEDIA, and KENNETH MEDIA does not support or endorse any content or materials, whether or not edited by KENNETH MEDIA, that is posted or submitted by you or any other user.

You may be required to register as a user on the KENNETH MEDIA Properties to access certain sites, pages and offerings (i.e., e-commerce, promotions, discounts, sweepstakes, etc.). You agree to provide true, accurate, current and complete information about yourself as prompted by any subscription form, contribution form and any registration form contained within the KENNETH MEDIA Properties. If any information provided by you is untrue, inaccurate, not current or incomplete, KENNETH MEDIA reserves the right to terminate your subscription and refuse any and all current or future use of the KENNETH MEDIA Properties. KENNETH MEDIA reserves the right, in its sole discretion, to terminate your registration at any time for any reason without notice.
Without limiting any of the foregoing, you agree to not use the KENNETH MEDIA Properties to:

  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
  • “Stalk” another user;
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content or materials that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Impersonate any person or entity, including, but not limited to, a KENNETH MEDIA official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
  • Act in a manner that negatively affects other users’ ability to engage and use any aspect of the KENNETH MEDIA Properties;
  • Intentionally or unintentionally violate any applicable local, state, national or international law; and/or
  • Harvest, collect or store information about the users of the KENNETH MEDIA Properties posted by others or use such information for any purpose inconsistent with the purpose contemplated hereunder.

You acknowledge that KENNETH MEDIA is not responsible for material submitted to any of the KENNETH MEDIA Properties by its users. KENNETH MEDIA does not pre-screen, monitor, review or edit the content posted by users. However, KENNETH MEDIA and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any submissions, in whole or part, that, in KENNETH MEDIA’s judgment, does not comply with this Terms of Use or is otherwise undesirable, inappropriate or inaccurate. KENNETH MEDIA is not responsible for any failure, non-failure or delay in removing such content. You agree to immediately notify KENNETH MEDIA of any unauthorized use of the Service or any other breach of security known or suspected by you.

4. External Links Disclaimer; Affiliate Partnerships

The KENNETH MEDIA Properties routinely contain links to external, third party websites. By providing links to other sites, KENNETH MEDIA does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the site in question.

KENNETH MEDIA does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors to any KENNETH MEDIA Properties assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to the site administrator or webmaster.

KENNETH MEDIA or its affiliate brands may earn a portion of sales from products that are purchased through our site (for example, by clicking a link in an article).

5. Contests, Promotions, Simulations or Games

From time to time, KENNETH MEDIA may offer as part of the KENNETH MEDIA Properties, contests, promotions, simulations or games (collectively, the “Promotions”). To participate in any Promotion, players/contestants may be required to complete a registration form. Upon submission, all registrations become the exclusive property of KENNETH MEDIA. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. KENNETH MEDIA, at its sole discretion, may suspend or revoke the registration of any Registered User.

Registered Users agree to release KENNETH MEDIA and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Promotion located on, or accessed through, the KENNETH MEDIA Properties. KENNETH MEDIA is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.

Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behaviour published on the KENNETH MEDIA Properties, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. KENNETH MEDIA is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

6. Intellectual Property Rights

The KENNETH MEDIA Properties contain and/or embody copyrighted material, trade secrets, patented (and/or patent pending) inventions and/or other proprietary material and intellectual property of ours and/or our licensors. All title and ownership rights in the KENNETH MEDIA Properties and all elements and portions thereof, remains with us and our licensors, as applicable. You agree to keep information contained in the KENNETH MEDIA Properties which is not publicly known confidential to yourself, and not to disclose such information to others without our prior written approval.

You cannot use any of the trademarks or protected copyright materials found on and within the KENNETH MEDIA Properties, except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks or protected copyright materials without prior written permission of the owner. Any unauthorized use may violate United States, Canadian and foreign copyright laws, trademark laws, the laws of privacy and publicity, and civil or criminal statutes.

7. Unsolicited Materials; User License

In operating the KENNETH MEDIA Properties, KENNETH MEDIA neither solicits nor desires to receive any materials (confidential or otherwise) from its users through any means (excluding certain transaction information that may be required to process financial transactions such as your credit card number or other payment information (the “Transaction Information”)). Any information or material submitted or sent to KENNETH MEDIA will not be treated as confidential or secret, save certain Transaction Information.

In addition to the foregoing, by communicating with KENNETH MEDIA and submitting or sending content, materials, drawings, ideas, concepts, designs, or information in any format now existing or hereafter devised (the “User Content”), you are granting KENNETH MEDIA a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part). Such license includes incorporating the User Content, in whole or in part, into any KENNETH MEDIA work product. You also warrant that any “moral rights” in posted materials have been waived.

8. Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

9. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREUNDER TO THE CONTRARY, THE KENNETH MEDIA PROPERTIES THE CONTENT THEREON AND THE PRODUCTS/SERVICES OFERRED THEREBY ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH ELSEWHERE IN THESE TERMS OF USE, KENNETH MEDIA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE KENNETH MEDIA PROPERTIES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE KENNETH MEDIA PROPERTIES FEATURED OR SOLD THEREON, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT THEREIN, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE THEREOF, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. KENNETH MEDIA DOES NOT WARRANT OR GUARANTEE (A) THAT ANY PORTION OF THE KENNETH MEDIA PROPERTIES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (B) THAT ACCESS TO THE KENNETH MEDIA PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRECEDING SHALL EQUALLY AND FULLY APPLY TO ALL CONTENT, SERVICES OR PRODUCTS MADE AVAILABLE BY KENNETH MEDIA (AND/OR OTHERS) THROUGH THE KENNETH MEDIA PROPERTIES. KENNETH MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE KENNETH MEDIA PROPERTIES. IN ADDITION, EACH AND EVERY USER THAT SEEKS TO PROCURE AND USE PRODUCTS AND/OR SERVICES FROM ANY OF THE KENNETH MEDIA PROPERTIES SHALL DO SO AT HIS/HER OWN RISK. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10. Limitation of Liability

IN NO EVENT WILL KENNETH MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, SUPPLIERS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE KENNETH MEDIA PROPERTIES, EVEN IF KENNETH MEDIA OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY LIABILITY OR HARM ARISING FROM YOUR USE OF ANY REFERRAL; OR (iii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OF THE KENNETH MEDIA PROPERTIES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KENNETH MEDIA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

11. Indemnification

Upon a request by KENNETH MEDIA, you agree to defend, indemnify and hold KENNETH MEDIA, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the KENNETH MEDIA Properties, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms of Use by you. KENNETH MEDIA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with KENNETH MEDIA in asserting any available defence.

12. Image Terms of Use and Copyrights

Claims of Copyright Infringement

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
  • Identification of the copyrighted work(s) that you claim has been infringed;
  • A description of the material that you claim is infringing and the location of that material on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the site(s).

13. Remedies

You agree that any unauthorized use of the KENNETH MEDIA Properties will result in irreparable injury to KENNETH MEDIA, for which money damages would be inadequate. Therefore, in such event, KENNETH MEDIA shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing contained in this Section or elsewhere in these Terms of Use shall be construed to limit remedies available pursuant to statutory or other claims that KENNETH MEDIA may have under separate legal authority.

14. Provisions unenforceable or invalid

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

15. Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Use. KENNETH MEDIA may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

Last Updated: January 2, 2021