KUEBER COMMUNICATIONS LLC TERMS OF SERVICE
Welcome to Savethepinkbathrooms.com (collectively the “Site”), created by Kueber Communications, LLC. This document constitutes a legally-binding agreement (this “Agreement”) governing the terms of providing you with services (“Service”) related to the Site.
BY ACCESSING AND USING THE SITE (AS DEFINED HEREIN), YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU AGREE WITH THE TERMS OF THIS AGREEMENT AS WELL AS OUR PRIVACY NOTICE.
Throughout this Agreement, “Kueber,” “us,” “we,” and “our” refer to us, Kueber Communications, LLC, or our Site, SavethePinkBathrooms.com, as is appropriate in the use of the words. Likewise, the words “you” and “your” refer to you, the person who is bound by this Agreement as a condition of using the Site, as defined herein.
What we are about – and what we’re not:
The Site spotlights the history of pink bathrooms and may feature inspiration images, stories from and about homes in the postwar era, relevant products, and related topics. We don’t endorse any particular manufacturer or business per se and may not have personal experience with the products discussed. The driving force behind the Site is a writer and homeowner turned avid researcher, not an interior designer or contractor.
You should do your own research before making any decisions about whether to buy the products or work with a particular business.
The Site features occasional “guest columns” by, interviews with, or suggestions from readers or others. The Site does not necessarily endorse their positions or advice.
In addition, the Site focuses on aesthetics and social history, and although it may occasionally feature a story about a restoration issue, the Site does not have a fix-it or DIY focus.
Renovating, remodeling and living in our midcentury and vintage homes can be gratifying, but please always remember, there can be safety and environmental hazards in the surfaces, layers, materials and products in our homes. Anything old, even New Old Stock, that you buy also may have issues. We all care very much about managing safety and environmental issues properly, so when moving into a home … when undertaking cleaning, repair, remodeling or restoration projects … or when adding old materials (salvaged, used, new old stock, etc.)… be sure to get with your own properly licensed professionals to determine what you are dealing with/working with so that you can make informed decisions how to handle, become familiar with and use recommended best practices, and also learn about the proper disposal of debris, etc. For more info, see the Be Safe / Renovate Safe page on our other site, RetroRenovation.com… and the EPA hosts a website on lead in the home and a website on asbestos in the home … etc.
Enjoy our Site, but do not lose track of your common sense.
2. Use of the Site
Kueber is not responsible for the delivery of information and content from or to the Site or to a mobile device as such delivery may fail due to circumstances or conditions beyond Kueber control. You understand and acknowledge that aspects of the Site, including but not limited to embedded content, may be managed by third party service providers and are outside of Kueber’s control. Kueber is not responsible or liable for problems related to features managed by third party service providers.
You understand and acknowledge that your use of the Site from a terminal such as a mobile device or personal computer is subject to any agreements you have with your network service provider. Content distributed via the Site may be unencrypted. As such, transmissions may be unknowingly and/or unintentionally intercepted by third parties. Your use of the Site acknowledges this fact and releases Kueber, its contractors, agents, representatives and affiliates from any such liability that may arise in the event of such unauthorized interception or access.
As Kueber does not maintain or have access to your device, e-mail server, and does not maintain or have access to networks outside of the domain and control of Kueber, by using the Site you agree that Kueber bears no liability or responsibility for the security or control of any communication once delivered.
As reliability and effectiveness of the Site may be limited by your geographic location, selected network operator or your mobile device, you agree and accept that Kueber is not responsible in the event the Site or any portion of the Site does not function.
Kueber is unable to guarantee the reliability and delivery of content or the Site to your mobile device, since technology such as mobile networks and internet service providers are outside of Kueber control. Accordingly, by using the Site you acknowledge that any such disruptions shall not be the responsibility of Kueber.
3. License to Access and Use
You may not access, use, or copy any portion of the Site or their content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Site’ content. Except as expressly authorized by us in writing, in no event you will reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or its content or any access to or use of the Site or their content.
4. Information Supplied
The Collected Information that you provide to us, or that we collect about you and your access to and use of the Site, is subject to our Privacy Notice, the terms of which are hereby incorporated by reference into these Terms. You must read and become familiar with our Privacy Notice.
By disclosing or offering any Collected Information to us, including quotes, ideas, suggestions, Content or other information, either through your use of the Site or Service or otherwise, you authorize Kueber to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the submission on the Site. By providing Collected Information, you automatically grant, and you represent and warrant that you have the right to grant, to Kueber and irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, adapt, publish, publicly perform, publicly display, reformat, translate, excerpt and distribute such submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such submission, and to grant and authorize sublicenses of the foregoing.
By disclosing or offering any Collected Information to us, you represent and agree that all information that you provide to us in connection with your access to and use of the Site or Service is true, accurate, and complete to the best of your knowledge and belief, and that you are not infringing the rights of anyone through your submission. You also agree that you will not post or transmit any Content or material that contains viruses, or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or personally identifiable information.
5. Rules for Online Conduct
You agree to use the Site or Service in accordance with all applicable laws. You are responsible for your own Collected Information, including the upload, transmission and posting of Collected Information and you are responsible for the consequences of posting on or through the Site or Service. We do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or other statements made public at the Site or Service and any information or material sent by visitors through any interactive services that may be available at the Site or Service. Such Collected Information represents the view and is the responsibility of those visitors and does not necessarily represent the views of Kueber.
You agree that you will not misuse the Site or Service. Among other acts, your conduct constitutes misuse if you:
- Distribute, disseminate, post, or publish any information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or nonunion affiliation, or any other basis protected by federal, state, or local law or ordinance;
- Abuse, defame, harass, stalk, threaten, or otherwise violate others’ legal rights, including but not limited to rights of privacy and publicity;
- Download or upload files that may damage the operation of another’s computer, such as computer viruses, corrupt files, or similar software;
- Download or upload files that contain materials, including but not limited to software that violates the intellectual property, privacy, or publicity rights of others unless you own, control, or have been authorized to exercise such rights;
- Misrepresent or omit the origin or source of any file you download or upload;
- Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright, patent, or trademark notices;
- Distribute, disseminate, post, or publish any indecent, infringing, obscene, or unlawful information or material;
- Post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person;
- Download or upload files that you know, or reasonably should know, cannot be legally distributed through the Site;
- Copy or create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through the Site;
- Take any action that will or could impose an unreasonable or disproportionately large load on our site infrastructure; or
- Engage in any other conduct that is, or that we deem to be, in conflict with these Terms.
- What constitutes misuse, whether listed above or not, is determined at our sole discretion. We forbid misuse of the Site or Service and reserve the right to refuse any further use of the Site or Service by you for any misuse.
We reserve the right, without notice or liability, to:
- disclose any information that we possess control as may be necessary to satisfy any law, regulation, or legal request;
- edit, refuse to post, or remove any comment or material that does not follow the Terms of Service or that we find objectionable for any other reason, known or unknown, all determined at our discretion, at any time.; and
- block your access to the Site at our discretion.
Please keep in mind the following:
- Participation in the Site is limited to those users who are at least 13 years old.
- You may access and view the content on the Site on your computer or other device only for your personal, non-commercial use.
- You may comment on posts in the blog. Currently all comments are moderated.
- Key to successful participation as a Commenter is: Civility. Please respect others and their choices. Relatedly, we don’t typically approve comments that use words like “hate”, “hideous”, etc.
- We discourage product reviews and am likely to delete them, because we may not know how to assess who’s posting the review, that is, whether they are associated with the company or a competitor of the company, etc.
- We do not typically approve any comments in which readers give safety or environmental advice. On this, get with your own properly licensed professional(s). For more info see the Be Safe/Renovate Safe on our other site RetroRenovation.com.
- If you would like to add Content, do not infringe or violate anyone’s rights and please refer to original sources.
- No buying or selling on the blog, or it becomes chaos. Please note, we do not do valuations.
- From time to time, Users will communicate directly with Pam. These communications and Content are Collected Information, subject to the Terms of Service, as discussed in detail herein.
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site. If you are under 13, do not use this Site or provide any information about yourself to us.
If a parent or guardian is made aware that a child under the age of 13 has provided us with personally identifiable information through any point of contact, we ask to be contacted us at email@example.com and we will delete the information.
We are committed to protecting the security of your personal information and to honoring your choices for its intended use. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we strive to maintain physical, electronic, and administrative safeguards. We use industry standard security protocol such as encryption and https security protocol to protect your information. Any time we share your information with a third party consistent with our Privacy Notice, we utilize technological or contractual safeguards in an effort to keep your information safe.
8. Intellectual Property
You acknowledge and agree that the Site and its contents, including, but not limited to, all photographs, information, data, text, product descriptions, software, music, sound, graphics, video, messages, tags and/or other materials (collectively, the “Content”) are proprietary or confidential information that belongs exclusively to Kueber and is protected by applicable copyright, trademark, trade secret, patent or other proprietary rights and laws. You are not authorized to reproduce, republish, distribute, transmit, modify, sell or otherwise use the Content, or to create derivative works based on the Content, in whole or in part, without Kueber express written authorization. This includes, but is not limited to, a prohibition on aggregating information on our Site that is in the public domain and publishing it elsewhere. Without limiting the above, you are not authorized to use the Content in order to gain a competitive advantage for marketing purposes (including third-party solicitations), to harass, abuse or harm others, or in a way that otherwise exceeds the scope of your authorized access to this Site. In addition, you are not authorized to use, access, search or obtain data from the Content of this Site by using any deep-link, framing, page scrape, robot, spider or other automatic device, program, algorithm or similar methodology.
All logos, slogans and trade dress, including the look and feel of the Site (“Trademarks”) are trademarks owned by Kueber to uniquely identify our Site and the services offered. You agree not to use these Trademarks anywhere without our prior written consent. In other words, by accepting this Agreement, you cannot use the Trademarks for any purpose.
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Copyright Agent under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2).
Pam Kueber, Copyright Agent
Kueber Communications, LLC
25 Kneeland Ave.
Lenox, MA 01240
So that we can respond to your concerns, please send along the following in your notice to us:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
- Your contact information, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
KUEBER IS NOT RESPONSIBLE FOR THE CONTENT PRODUCED BY OR THE SERVICES RENDERED BY ANY THIRD PARTY THAT MAY BE REFERENCED ON THE SITE OR TO WHICH ACCESS MAY BE PROVIDED VIA THE SITE. KUEBER MAY PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SITE. KUEBER DOES NOT OPERATE OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SITE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SITE, AND ANY THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KUEBER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. KUEBER DOES NOT PROMISE THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECT WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KUEBER DOES NOT PROMISE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SITE OR IN THIRD PARTY SITES OR THE SERVICES PROVIDED BY THIRD PARTIES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
YOU ASSUME ALL RISK OF ERROR AND/OR OMISSIONS IN THE SITE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
10. Limitation of Liability
IN NO EVENT WILL KUEBER, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, INCLUDING ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT.
You agree to defend, indemnify and hold us and our representatives harmless from any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of the Site, their content and any services available on or through the Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims, and we may require you to pay for an attorney(s) in such cases. However, we reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties, and you shall be liable for the damages as though we had proceeded with a trial.
12. Choice of Law and Forum
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. The offer and acceptance of this contract is deemed to have occurred in the Commonwealth of Massachusetts.
By using the Site, you agree to submit to the personal and exclusive jurisdiction of the courts located within Berkshire County in the Commonwealth of Massachusetts with respect to any claims arising from these Terms or your use of the Site.
13. Waiver of Jury Trial
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE MATTERS CONTEMPLATED HEREBY.
14. Waiver and Severability
Kueber failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If such right or provision is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and other provisions of this Agreement shall remain in full force.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we do so, we will update this page with the amended Agreement. You may refuse to agree to the amendments, but if you do so, you must immediately cease using our Site. Your continued use of the Site constitutes consent to any amendment. It is your sole responsibility to familiarize yourself with this Terms of Service and Privacy Notice, and any changes or amendments, each time you come to our Site.
17. Privacy Notice
To review the Kueber Privacy Notice, please click here.
If you have any questions regarding the Site or this Agreement, please email us at firstname.lastname@example.org.
Updated Dec. 14, 2019