Audience Kitchen
Try It For Free
Agreement between User and Audience Kitchen
These Terms of Service ("Terms") are a legally binding agreement between the user or subscriber of the Services ("You", "Your" or "User") and Ad Bacon Digital LLC ("Ad Bacon", "We", or "Us"). By accessing, using, or registering for the Services, you acknowledge you have read, understood, and agree to be bound by these Terms.
If you accept these Terms on behalf of any other person(s) or organization(s), then you represent to Ad Bacon that you are legally authorized to do so.
Services
The Audience Kitchen website (the "Site") is comprised of various web pages and subdomains operated by Ad Bacon and located at https://www.audiencekitchen.com. The "Services" consist of various tools located at the Site, including, without limitation, resources and information related to marketing intelligence, social advertising insight, blogs, search results, surveys, and guides, among other things.
Privacy
Your use of AudienceKitchen.com is subject to Ad Bacon's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Registration
To register for the Services, you must create a user account. Some aspects of the Services may be available at no cost. To access some functionality, you may be required to provide billing details.
Individual Use
Each account is intended to be used by an individual user, unless otherwise stated in a service agreement between you and Ad Bacon. If Ad Bacon detects access to the same account from various IP addresses, physical devices, or geographic locations, in a way that suggests the possibility of multiple users, we may immediately suspend or terminate such account at our discretion.
User Responsibilities
You are responsible for complying with the terms of these Terms, maintaining up-to-date account and billing information, and providing all hardware or services necessary to access the Services.
Fees and Payment
If you use the paid Services, you will be charged the fees presented in the relevant paid plan or otherwise agreed in a written document signed by you and Ad Bacon.
The billing cycle begins immediately upon payment. The billing cycle does not necessarily align with calendar month. For example, a monthly billing cycle may conclude on the same day of the following month. If the following month does not have the same day as the previous month, then a monthly billing cycle may conclude on the last day of the month. For example, a subscription starting on January 31 may conclude on February 28 (or February 29 in a leap year).
Fees will be billed at the beginning of your subscription, term, or any renewal. All fees are nonrefundable unless we state otherwise in writing. For example, if you request cancellation in the middle of a month, you will not be refunded the fees already collected for that month. You will retain access and functionality until the end of the paid billing period.
Renewal
If you are on an automatically renewing subscription plan, your subscription will renew automatically. You are responsible for cancelling your plan prior to renewal if you do not want your plan to be renewed automatically. You may or may not receive notice of your renewal schedule. You must visit your My Accounts page to find out when your subscription renews.
Changes in Fees
We may change our fees and prices at any time. We may provide notice to you via email or merely post them on our Site at our discretion. Changes will become effective as of the first day of the renewal of your subscription term. You may act to cancel prior to the renewal if you desire. For pre-paid purchases, changes will not apply until your pre-paid period has elapsed.
Change in Service
We may change the Service at any time, with or without notice to you. This includes, but is not limited to, changes to the scope of features, functionality, information, and data available on the Site or in conjunction with the Service. For example, we may stop updating the recency of information, change the scope of search results, or discontinue features at any time.
Upon any change to the Service, you agree to continue paying all fees associated with the Service in accordance with your paid plan. You may act to cancel prior to the next renewal in accordance with the cancellation policy in these Terms. We may decide, in our sole discretion, whether to adjust fees in relation to any change in Service.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Ad Bacon is not responsible for third party access to your account that results from theft or misappropriation of your account. Ad Bacon and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You are responsible for abiding by all applicable laws, treaties and regulations in connection with your use of the Service.
Cancellation/Refund Policy
If you are on an automatically renewing subscription plan, you may cancel your paid plan in the My Accounts page of AudienceKitchen.com. Cancellations shall take effect at the end of your current paid subscription period. By cancelling, your account will remain active until the end of the current period, when it will be downgraded in features and functionality and/or removed from our servers. Cancellation does not entitle you to any refund, pro-rated reimbursement, or credit for fees or time remaining in the period.
If you are on a fixed term or prepaid plan, then you will be responsible for payment in full, unless expressly agreed in a signed contract with Ad Bacon.
Notices
We may provide notices by sending emails to the email address associated with your account, or merely posting them on our web site, in our sole discretion. You agree to promptly notify us of a change in your email address by updating the information in your My Account page or notifying contacting us via email or web form submission at AudienceKitchen.com.
Electronic Communications
Visiting AudienceKitchen.com or sending emails to Ad Bacon constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Email and Phone Communications
You agree to receive email and phone communications from us. These email and phone communications may include notices, announcements, updates to toolset, promotional messages, reminders, tips, billing notifications, tutorials and system messages.
We may send emails from our own servers, or through a 3rd party provider such as Sendgrid.
Children Under Thirteen
The Services are available only to individuals who are at least thirteen years old. Ad Bacon does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
Links to Third Party Sites/Third Party Services
AudienceKitchen.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Ad Bacon and Ad Bacon is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ad Bacon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ad Bacon of the site or any association with its operators.
Certain services made available via AudienceKitchen.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the AudienceKitchen.com domain, you hereby acknowledge and consent that Ad Bacon may share such information and data with any third party with whom Ad Bacon has a contractual relationship to provide the requested product, service or functionality on behalf of AudienceKitchen.com users and customers.
Content/Intellectual Property
We disclaim any responsibility for the content of any audience names, descriptions, photos, sizes, or any other information that you encounter in our database or on our Site. Our content may contain mistakes, inaccuracies, or errors. Our content may be offensive or have a sexually explicit nature. You agree to hold us harmless from any claims arising from such occurrences.
Our Services display some content that does not belong to Ad Bacon. This content is the sole responsibility of the entity that makes it available. For example, information related to audience interests, behaviors, and demographics came from sources including Facebook, and information related to audience descriptions and URLs came from sources including the Wikimedia Foundation.
Our Sites and Services are not part of Facebook or Facebook Inc. Our Sites and Services are NOT endorsed by Facebook in any way. Facebook is a trademark of Facebook Inc.
Feedback/Suggestions
If you elect to send us ideas, suggestions, questions, comments, or data related to the Site, the Services, or Ad Bacon, then you agree that such communications are non-confidential and non-proprietary in nature and that we have the right to use and incorporate them into the Services, or any other product or service, without paying or attributing you.
Service Outages/Limitations
We cannot guarantee that the Sites or Services will be available all of the time. Outages and interruptions may occur. We reserve the right to modify, suspend, or discontinue all or part of any of the Sites or Services without notice. You agree that Ad Bacon will not be held liable for any delays, delivery failures, or damages resulting from such modification, suspension or discontinuance of any Sites or Services.
Hosted Data
You acknowledge and agree that we may erase, at our sole discretion, all data and information associated with your account stored on our servers for any reason or no reason at all.
From time to time, for purposes related to the operation or promotion of the Service, we may access, view or download data or information associated with your account, including, but not limited to, any audiences you save or lists you create. We may share insights from this data or information at our sole discretion on an anonymized and/or aggregated basis.
Blocking IP Addresses
We reserve the right to block certain IP addresses or ranges of IP addresses from accessing the Site and/or Services, at our sole discretion.
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use AudienceKitchen.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Ad Bacon that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Copyright Infringement
If you believe that your work has been used in association with the Sites or Services in a way that constitutes copyright infringement or intellectual property violation, please notify Ad Bacon via contact form on the Site or by mail as follows:
Attn: Copyright Infringement Notification c/o Chief Executive Officer, Ad Bacon Digital LLC, 350 Townsend St. #700, San Francisco, CA 94107.
You must identify the copyrighted content that you believe has been infringed, and include a statement that you believe the use is not authorized.
Upon receiving the notice, Ad Bacon will take any action it deems appropriate.
International Users
The Service is controlled, operated and administered by Ad Bacon from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ad Bacon Content accessed through AudienceKitchen.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Personal Data
With respect to personal data as defined under the General Data Protection Regulation [GDPR], Ad Bacon does not process any Personal Data as part of the core function of the Site or Service. Therefore, Ad Bacon is generally acting as a Data Controller and is not a Data Processor. In the unlikely event that you believe Ad Bacon is a Data Processor to you as a Data Controller, please contact Ad Bacon through the contact form on the Site or through the following mailing address:
Attn: Data Protection Officer, Ad Bacon Digital LLC, 350 Townsend St. #700, San Francisco, CA 94107.
Indemnification
You agree to indemnify, defend and hold harmless Ad Bacon, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ad Bacon reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ad Bacon in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AD BACON DIGITAL LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AD BACON DIGITAL LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AD BACON DIGITAL LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AD BACON DIGITAL LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AD BACON DIGITAL LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Ad Bacon reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ad Bacon as a result of this agreement or use of the Site. Ad Bacon's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ad Bacon's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ad Bacon with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ad Bacon with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ad Bacon with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Warranty Information
We provide data retrieved from third parties. We cannot promise any particular level of accuracy, usefulness, or provide any warranty regarding our services. Data that you receive may be misleading, incomplete, or inaccurate. You agree to hold us harmless and wave any liability related to the quality of the data or information you receive from us.
Changes to Terms
Ad Bacon reserves the right, in its sole discretion, to change the Terms under which AudienceKitchen.com is offered. The most current version of the Terms will supersede all previous versions. Ad Bacon encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Ad Bacon welcomes your questions or comments regarding the Terms:
Ad Bacon Digital LLC
350 Townsend St.
Suite 700
San Francisco, California 94107
Email Address:
Please use the contact form that can be accessed from https://www.audiencekitchen.com
Telephone number:
(415) 413-8094
If you accept these Terms on behalf of any other person(s) or organization(s), then you represent to Ad Bacon that you are legally authorized to do so.
Services
The Audience Kitchen website (the "Site") is comprised of various web pages and subdomains operated by Ad Bacon and located at https://www.audiencekitchen.com. The "Services" consist of various tools located at the Site, including, without limitation, resources and information related to marketing intelligence, social advertising insight, blogs, search results, surveys, and guides, among other things.
Privacy
Your use of AudienceKitchen.com is subject to Ad Bacon's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Registration
To register for the Services, you must create a user account. Some aspects of the Services may be available at no cost. To access some functionality, you may be required to provide billing details.
Individual Use
Each account is intended to be used by an individual user, unless otherwise stated in a service agreement between you and Ad Bacon. If Ad Bacon detects access to the same account from various IP addresses, physical devices, or geographic locations, in a way that suggests the possibility of multiple users, we may immediately suspend or terminate such account at our discretion.
User Responsibilities
You are responsible for complying with the terms of these Terms, maintaining up-to-date account and billing information, and providing all hardware or services necessary to access the Services.
Fees and Payment
If you use the paid Services, you will be charged the fees presented in the relevant paid plan or otherwise agreed in a written document signed by you and Ad Bacon.
The billing cycle begins immediately upon payment. The billing cycle does not necessarily align with calendar month. For example, a monthly billing cycle may conclude on the same day of the following month. If the following month does not have the same day as the previous month, then a monthly billing cycle may conclude on the last day of the month. For example, a subscription starting on January 31 may conclude on February 28 (or February 29 in a leap year).
Fees will be billed at the beginning of your subscription, term, or any renewal. All fees are nonrefundable unless we state otherwise in writing. For example, if you request cancellation in the middle of a month, you will not be refunded the fees already collected for that month. You will retain access and functionality until the end of the paid billing period.
Renewal
If you are on an automatically renewing subscription plan, your subscription will renew automatically. You are responsible for cancelling your plan prior to renewal if you do not want your plan to be renewed automatically. You may or may not receive notice of your renewal schedule. You must visit your My Accounts page to find out when your subscription renews.
Changes in Fees
We may change our fees and prices at any time. We may provide notice to you via email or merely post them on our Site at our discretion. Changes will become effective as of the first day of the renewal of your subscription term. You may act to cancel prior to the renewal if you desire. For pre-paid purchases, changes will not apply until your pre-paid period has elapsed.
Change in Service
We may change the Service at any time, with or without notice to you. This includes, but is not limited to, changes to the scope of features, functionality, information, and data available on the Site or in conjunction with the Service. For example, we may stop updating the recency of information, change the scope of search results, or discontinue features at any time.
Upon any change to the Service, you agree to continue paying all fees associated with the Service in accordance with your paid plan. You may act to cancel prior to the next renewal in accordance with the cancellation policy in these Terms. We may decide, in our sole discretion, whether to adjust fees in relation to any change in Service.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Ad Bacon is not responsible for third party access to your account that results from theft or misappropriation of your account. Ad Bacon and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You are responsible for abiding by all applicable laws, treaties and regulations in connection with your use of the Service.
Cancellation/Refund Policy
If you are on an automatically renewing subscription plan, you may cancel your paid plan in the My Accounts page of AudienceKitchen.com. Cancellations shall take effect at the end of your current paid subscription period. By cancelling, your account will remain active until the end of the current period, when it will be downgraded in features and functionality and/or removed from our servers. Cancellation does not entitle you to any refund, pro-rated reimbursement, or credit for fees or time remaining in the period.
If you are on a fixed term or prepaid plan, then you will be responsible for payment in full, unless expressly agreed in a signed contract with Ad Bacon.
Notices
We may provide notices by sending emails to the email address associated with your account, or merely posting them on our web site, in our sole discretion. You agree to promptly notify us of a change in your email address by updating the information in your My Account page or notifying contacting us via email or web form submission at AudienceKitchen.com.
Electronic Communications
Visiting AudienceKitchen.com or sending emails to Ad Bacon constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Email and Phone Communications
You agree to receive email and phone communications from us. These email and phone communications may include notices, announcements, updates to toolset, promotional messages, reminders, tips, billing notifications, tutorials and system messages.
We may send emails from our own servers, or through a 3rd party provider such as Sendgrid.
Children Under Thirteen
The Services are available only to individuals who are at least thirteen years old. Ad Bacon does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
Links to Third Party Sites/Third Party Services
AudienceKitchen.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Ad Bacon and Ad Bacon is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ad Bacon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ad Bacon of the site or any association with its operators.
Certain services made available via AudienceKitchen.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the AudienceKitchen.com domain, you hereby acknowledge and consent that Ad Bacon may share such information and data with any third party with whom Ad Bacon has a contractual relationship to provide the requested product, service or functionality on behalf of AudienceKitchen.com users and customers.
Content/Intellectual Property
We disclaim any responsibility for the content of any audience names, descriptions, photos, sizes, or any other information that you encounter in our database or on our Site. Our content may contain mistakes, inaccuracies, or errors. Our content may be offensive or have a sexually explicit nature. You agree to hold us harmless from any claims arising from such occurrences.
Our Services display some content that does not belong to Ad Bacon. This content is the sole responsibility of the entity that makes it available. For example, information related to audience interests, behaviors, and demographics came from sources including Facebook, and information related to audience descriptions and URLs came from sources including the Wikimedia Foundation.
Our Sites and Services are not part of Facebook or Facebook Inc. Our Sites and Services are NOT endorsed by Facebook in any way. Facebook is a trademark of Facebook Inc.
Feedback/Suggestions
If you elect to send us ideas, suggestions, questions, comments, or data related to the Site, the Services, or Ad Bacon, then you agree that such communications are non-confidential and non-proprietary in nature and that we have the right to use and incorporate them into the Services, or any other product or service, without paying or attributing you.
Service Outages/Limitations
We cannot guarantee that the Sites or Services will be available all of the time. Outages and interruptions may occur. We reserve the right to modify, suspend, or discontinue all or part of any of the Sites or Services without notice. You agree that Ad Bacon will not be held liable for any delays, delivery failures, or damages resulting from such modification, suspension or discontinuance of any Sites or Services.
Hosted Data
You acknowledge and agree that we may erase, at our sole discretion, all data and information associated with your account stored on our servers for any reason or no reason at all.
From time to time, for purposes related to the operation or promotion of the Service, we may access, view or download data or information associated with your account, including, but not limited to, any audiences you save or lists you create. We may share insights from this data or information at our sole discretion on an anonymized and/or aggregated basis.
Blocking IP Addresses
We reserve the right to block certain IP addresses or ranges of IP addresses from accessing the Site and/or Services, at our sole discretion.
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use AudienceKitchen.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Ad Bacon that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Copyright Infringement
If you believe that your work has been used in association with the Sites or Services in a way that constitutes copyright infringement or intellectual property violation, please notify Ad Bacon via contact form on the Site or by mail as follows:
Attn: Copyright Infringement Notification c/o Chief Executive Officer, Ad Bacon Digital LLC, 350 Townsend St. #700, San Francisco, CA 94107.
You must identify the copyrighted content that you believe has been infringed, and include a statement that you believe the use is not authorized.
Upon receiving the notice, Ad Bacon will take any action it deems appropriate.
International Users
The Service is controlled, operated and administered by Ad Bacon from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ad Bacon Content accessed through AudienceKitchen.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Personal Data
With respect to personal data as defined under the General Data Protection Regulation [GDPR], Ad Bacon does not process any Personal Data as part of the core function of the Site or Service. Therefore, Ad Bacon is generally acting as a Data Controller and is not a Data Processor. In the unlikely event that you believe Ad Bacon is a Data Processor to you as a Data Controller, please contact Ad Bacon through the contact form on the Site or through the following mailing address:
Attn: Data Protection Officer, Ad Bacon Digital LLC, 350 Townsend St. #700, San Francisco, CA 94107.
Indemnification
You agree to indemnify, defend and hold harmless Ad Bacon, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ad Bacon reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ad Bacon in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AD BACON DIGITAL LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AD BACON DIGITAL LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AD BACON DIGITAL LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AD BACON DIGITAL LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AD BACON DIGITAL LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Ad Bacon reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ad Bacon as a result of this agreement or use of the Site. Ad Bacon's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ad Bacon's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ad Bacon with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ad Bacon with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ad Bacon with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Warranty Information
We provide data retrieved from third parties. We cannot promise any particular level of accuracy, usefulness, or provide any warranty regarding our services. Data that you receive may be misleading, incomplete, or inaccurate. You agree to hold us harmless and wave any liability related to the quality of the data or information you receive from us.
Changes to Terms
Ad Bacon reserves the right, in its sole discretion, to change the Terms under which AudienceKitchen.com is offered. The most current version of the Terms will supersede all previous versions. Ad Bacon encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Ad Bacon welcomes your questions or comments regarding the Terms:
Ad Bacon Digital LLC
350 Townsend St.
Suite 700
San Francisco, California 94107
Email Address:
Please use the contact form that can be accessed from https://www.audiencekitchen.com
Telephone number:
(415) 413-8094
Audience Kitchen
350 Townsend St., Suite 700
San Francisco, California 94107
(415) 413-8094
(415) 413-8094
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