ImageAbility Inc. DBA, KitAbility.com
Online Terms of Agreement & Internet Privacy Statement
KitAbility.com is owned and operated by ImageAbility Inc. and is protected by international copyright, trademark and other intellectual property laws
Site users may not modify, copy, reproduce, republish, post, transmit or distribute in any way any material from this site.
By posting messages, e-mail or engaging in any other form of communication through KitAbility.com, users are granting ImageAbility Inc. DBA KitAbility.com royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
The nature of KitAbility.com’s DIY section is to provide a forum so customers can share their own projects and products uses, upload and display photographs. To that end, customer’s stories will be published within the same legal boundaries as professionally prepared stories and are subject to the same libel laws as the professional stories. There are numerous reference works about libel law in print on the Web that customers can consult if they have questions.
In general, libel is injury to reputation. The Associated Press libel manual says, “Words, pictures or cartoon that expose a person to public hatred, shame, disgrace or ridicule, or induce an ill opinion of a person are libelous.
“Actions for civil libel result mainly in stories that allege crime, fraud, dishonesty, immoral or dishonorable conduct, or stories that defame the subject professionally, causing financial loss either personal or to a business.”
There is only one complete and unconditional defense to civil action for libel. That defense is that the facts in the story are provably true.
The AP libel manual also points out:
“The publication of defamatory matter that consists of comment and opinion, as distinguished from fact, with reference to matters of public interest or importance, is covered by the defense of fair comment as long as the facts stated are true.
“Everyone has the right to comment on matters of public interest and concern, provided they do so fairly and with an honest purpose. Such comments or criticism are not libelous, however severe in their terms, unless they are written maliciously.”
We encourage fair comment and discussion about stories published on KitAbility.com.
It’s important for those posting to remember that while comments may be conversational in nature they are subject to the same rules of libel as all other published material. More details on libel can be found in the Customer’s Stories section of this page.
Posts that are in all capital letters, have an inordinate number of errors, have errors in fact could be removed. Posts that are potentially libelous, off-topic, inflammatory, personal attacks or otherwise inappropriate will be removed. Repeat offenders will be prohibited from commenting. Those who find such a comment should report it to the site editor.
Named authors and contributors are sent an email when you comment on a story. This email contains information you have provided and any network identification that is available. Authors are not allowed to share this information with others but may use it for their own purposes.
When placing orders through KitAbility.com, customers are assured the information will not be provided to any other organization.
Online visitors who supply personal information while making a purchase may receive a phone call or email for confirmation purposes or, when indicated, for review.
KitAbility.com automatically collects information about which pages are visited and the domain name of visitors but that collection of information does not personally identify a visitor. This information is used for internal review and as a measure of the usefulness or popularity of individual stories or story categories.
KitAbility.com may provide links and pointers to Internet sites maintained by third parties. Neither KitAbility.com nor ImageAbility Inc. DBA KitAbility operates or controls any information, products or services on third-party sites. Content at KitAbility.com and third-party sites is provided as is and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, KitAbility.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. KitAbility.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components.
KitAbility.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. Users (and not KitAbility.com) assume the entire cost of all necessary maintenance, repair or correction if any.
Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall KitAbility.com, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, KitAbility.com materials. Users specifically acknowledge and agree that KitAbility.com is not liable for any defamatory, offensive or illegal conduct of any user. If a user is dissatisfied with any KitAbility material, or with any of KitAbility.com’s terms and conditions, his or her sole and exclusive remedy is to discontinue using KitAbility.com.
Contests and Information
ImageAbility Inc. DBA KitAbility.com is committed to protecting consumer privacy online. We believe that greater protection of personal privacy on the Web will not only protect consumers, but also increase consumer confidence and ultimately their participation in online activities. At KitAbility.com , we intend to give you as much control as possible over your personal information.
The purpose of our policy is to inform you about the types of information we gather about you when you visit our site(s), how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct, the information.
I. Information Which We Collect
We may request that you voluntarily supply us with personal information, including your e-mail address, postal address, home or work telephone number, credit card number (only if you choose to purchase a product online), for purposes such as correspondence, making a purchase, or participating in online contests, surveys or games. If you choose to give us personal information via the Internet that we or our business partners may need — to correspond with you, process an order or provide you with a product, for example — it is our intent to let you know how we will use such information.
We may at some time require you to supply us with personal information (demographic information such as average age, income, education, population data, zip codes) during a “registration” process online prior to using certain features of our site. For example, you may be required to register to comment, use future chat rooms, forums, to access archival stories, to subscribe to our services, subscribe to an e-mail version of our site, and to access other features. We use this general information to aggregate information according to demographics, such as gender, geographic location, age, income or a combination of these or other demographics.
II. Use of User Information
We may perform statistical analyses of aggregate user behavior. This allows us to measure relative consumer interest in the various areas of our Web sites for product development purposes. Any information we collect is used for its own internal purposes to improve the content of the Web sites, to enhance users’ experiences when visiting our site(s), to customize the content and/or layout of our pages, and to provide the services required by an individual user. We do not use personal identifying information for any reason that is not disclosed either in this Policy or at the time the information is requested. We never send e-mail to you unless you request a particular service, or consent to being contacted by e-mail. There are instances where you will have the opportunity to subscribe to an e-mail list that will send information about the site or our advertisers to your e-mail address, but this will be done only with your permission and consent.
III. Disclosure to Third Parties
IV. Accuracy of User Information
You can also write us at:
7 Fiddlers Ridge Road.
Londonderry, NH 03053
These privacy policies are effective immediately. We reserve the right to change this policy at any time, and will post any changes to this policy as soon as they go into effect.
V. Security of Information
We use our best efforts to ensure the security of personal information submitted by users. When collecting credit card information for online purchases, we offer secured-server transactions that encrypt your information in transit to thwart someone from intercepting it and misusing it. When we collect other information from our users, it is stored in an area where the general public does not have access to it.
At any time while assessing our site(s), any user while online may “opt-out” of further e-mail contact from us (while still allowing access to our site(s)). For further information about opting-out, contact us at the e-mail addresses, postal addresses or telephone numbers stated above. You may also opt out any time by using the form on our contact page, select “Un-Subscribe”.
VII. Use of Materials
Any reproduction, transmission, performance, display or editing of these materials by any means mechanical or electronic without the express written permission of us is strictly prohibited. Users wishing to obtain permission to reprint or reproduce any materials appearing on this site may contact us at help@KitAbility.com.