Disclaimer of Warranties
The service, including, without limitation, Big Kahuna Content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Big Kahuna nor any of its employees, managers, officers, affiliates or agents (collectively, the “Big Kahuna Parties“) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the Big Kahuna Content; (c) user content; or (d) security associated with the transmission of information to Big Kahuna or via the service. In addition, the Big Kahuna Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
The Big Kahuna Parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
Limitation of Liability; Waiver
Under no circumstances will the Big Kahuna Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the Big Kahuna Content; (c) user Content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the Big Kahuna Parties or law enforcement authorities regarding your or any other party’s use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Big Kahuna Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Service). In no event will the Big Kahuna Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. In no event will the Big Kahuna Parties total liability to you for all damages, losses or causes or action exceed one hundred Canadian dollars ($100.00).
You agree that in the event you incur any damages, losses or injuries that arise out of Big Kahuna’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Big Kahuna Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Big Kahuna Parties.
By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.
Big Kahuna is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Big Kahuna must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Big Kahuna to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Big Kahuna provides.
Our Policy applies to all visitors, users, and others who access the Service (“Users“).
1. INFORMATION WE COLLECT
We collect the following types of information.
Information you provide us directly:
We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.
Cookies and similar technologies:
Log file information:
Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP“) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Big Kahuna.
A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.
Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments or other data. This makes your User Content more searchable by others and more interactive. If you geotag your photo or tag your photo using other’s APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) if your photo is made public by you in accordance with your privacy settings.
2. HOW WE — USE YOUR INFORMATION
3. SHARING OF YOUR INFORMATION
We will not rent or sell your information to third parties outside Big Kahuna (or the group of companies of which Big Kahuna is a part) without your consent, except as noted in this Policy.
Parties with whom we may share your information:
We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Big Kahuna is part of, or that become part of that group (“Affiliates“). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your photos.
We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers“). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
We also may share, edit or alter any User Content and reserve the right to use, remove and/or re-use User Content without prior notice and without any obligation to you.
Parties with whom you may choose to share your User Content:
Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public. Once you have shared User Content or made it public, that User Content may be re-shared by others.
What happens in the event of a change of control:
Responding to legal requests and preventing harm:
We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of Canada where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
4. HOW WE STORE YOUR INFORMATION
Storage and Processing:
Your information collected through the Service may be stored and processed in Canada or any other country in which Big Kahuna, its Affiliates or Service Providers maintain facilities.
Big Kahuna, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located outside Canada, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Big Kahuna cannot ensure the security of any information you transmit to Big Kahuna or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
5. YOUR CHOICES ABOUT YOUR INFORMATION
Following termination or deactivation of your account, Big Kahuna, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
6. CHILDREN’S PRIVACY
Big Kahuna does not knowingly collect or solicit any information from anyone under the age of 16. The Service and its content are not directed at children under the age of 16. In the event that we learn that we have collected personal information from a child under age 16 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 16, please contact us.
7. OTHER WEB SITES AND SERVICES
© 2014 Big Kahuna