Terms & Conditions
Effective Date: [Feb 01 2016]
- Changes to these Terms. Kiss Products may prospectively change these Terms at any time, in our sole discretion. Such changed Terms and Conditions will be posted on the Kiss Products Sites and you can review the most current terms at any time at: [http://www.kisseurope.uk/terms-conditions/]. You should review these Terms periodically for changes prior to using the Kiss Products Sites. Your use of the Kiss Products Sites following the Effective Date of the updated version of these Terms will constitute your acceptance of the updated Terms.
- Permitted Use; No Distribution. Unless otherwise noted, the content on the Kiss Products Sites is intended for non-commercial purposes only. User agrees to use the Kiss Products Sites only for lawful, noncommercial purposes. Except as expressly permitted, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the Kiss Products Sites. No right, title or interest in or to any trademark, service mark, logo or trade name of Kiss Products or its licencors is granted under these Terms. You may not remove any proprietary notices on the Kiss Products Sites or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Kiss Products Sites or Content. You further agree not to interfere with the proper functioning of the Kiss Products Sites and not to use the Content in a way that suggests you are a representative of Kiss Products. Any scraping, automated access, or other unauthorised access to and storage of Content is prohibited. You may not use the Kiss Products Sites or Content for any illegal purpose. Use of the Content for any purpose other than what is described in this Section is prohibited.
User Code of Conduct. The Kiss Products Sites may allow you to post information, contribute to forum discussions, or provide product reviews. You agree that while using the Kiss Products Sites, you will comply with all applicable laws and regulations and with the restrictions set forth in this Section. Kiss Products reserves the right to terminate your access to the Kiss Products Sites for any violation of this Section of any other provision of these Terms. While using the Kiss Products Sites, you may not:
- A. Impersonate others, including, without limitation, a Kiss Products employee, host, or representative, as well as other members or visitors on the Kiss Products Sites;
- B. upload commercial content on the Kiss Products Sites or use the Kiss Products Sites to solicit others to join or become members of any other commercial online service or other online or offline organisation;
- C. upload, post, e-mail, or otherwise transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals);
- D. upload, post, e-mail, or otherwise transmit any User Content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability;
- E. harm any person in any way;
- F. upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- G. upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- H. upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Kiss Products Sites or any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
- I. interfere with or disrupt the Kiss Products Sites or servers or networks linked to the Kiss Products Sites, or disobey any requirements, procedures, policies, or regulations of networks linked to the Kiss Products Sites;
- J. intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law;
- K. upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Kiss Products Sites, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability;
- L. use the Kiss Products Sites for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services;
- M. solicit other guests of the Kiss Products Sites to become members of any commercial online service or other group or organisation;
- N. harvest, collect or store information about the users of the Kiss Products Sites or the User Content or use such information for any purpose inconsistent with the purpose of the Kiss Products Sites or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
- Communications Submitted by You. You assign and transfer all of your right, title, and interest in the content of any messages, submissions, e-mails, postings, or other communications you submit to Kiss Products, whether on the Kiss Products Sites or otherwise. Kiss Products will have all intellectual property rights in and to such communications and Kiss Products may use such communications for any purpose in its sole discretion.
- Site and User Content Availability and Support. You may access the Kiss Products Sites if and when they are available. Kiss Products does not guarantee availability of the Kiss Products Sites, the Services, your Account, Content, or User Content and Kiss Products reserves the right to make changes to the Site, the Services, your Account, and Content at anytime and without notice. The Kiss Products Sites may occasionally be down for service, upgrades, maintenance, or for other reasons. To the maximum extent authorised under applicable law, Kiss Products reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice. Kiss Products has no obligation to provide any support in relation to the Kiss Products Sites, the Services, Content, User Content, or your Account. You understand that the technical processing and transmission of the Kiss Products Sites may involve (A) transmissions over various networks; and (B) changes to conform and adapt to technical requirements of connecting networks or devices. Kiss Products assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the Kiss Products Site.
- Reservation of Rights; Copyright and Trademark Notice. As between Kiss Products and you, except for User Content, Kiss Products is the sole owner of all content on the Kiss Products Sites, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the Kiss Products Sites ("Kiss Products Proprietary Material"). The compilation (meaning the collection, arrangement and assembly) of all Kiss Products Proprietary Material on the Kiss Products Sites is the exclusive property of Kiss Products. The contents of the Kiss Products Sites are copyrighted under United States copyright laws. Except as otherwise provided in these Terms and Conditions, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the Kiss Products Proprietary Material or any portion thereof, for any purpose. You may, however, (1) print a copy of individual screens appearing as part of the Kiss Products Sites solely for your personal, non-commercial use or records, provided that any marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens, and (2) download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included or accessed through the Kiss Products Sites and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such materials for any commercial purpose. Modification of the materials appearing on the Kiss Products Sites or use of such materials for any other purpose is a violation of Kiss Products' copyright and other proprietary rights.
- DMCA Copyright Notice and Takedown Procedures. Kiss Products respects the intellectual property rights of others. If you believe that any Content or other material available on the Kiss Products Sites infringes your copyright or the copyright of any third party, please send written notice in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”) to our Designated Copyright Agent, who can be reached as follows:
[Kiss Products, Inc.]
[57 Seview Blvd
Port Washington, NY 11050
e-mail: firstname.lastname@example.org ]
To be effective, notice must include the following in compliance with Section 512(c) of the DMCA:
- A. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and specific information sufficient to permit us to locate the material;
- D. Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Kiss Products Sites is infringing, you should contact an attorney prior to sending notice. After receiving notice, Kiss Products may remove or disable access to infringing material.
- Third Party Websites and Links. You may be able to link to third party Websites ("Linked Sites") from the Kiss Products Sites. Kiss Products is not responsible for and does not endorse the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein. Kiss Products cannot ensure that you will be satisfied with any products or services that you purchase from Linked Sites, since such sites are owned and operated by independent third parties. Kiss Products does not make any representations or warranties as to the security of any information you might be requested to give to any third party. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such Linked Sites and any content contained thereon. In no event shall Kiss Products be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. Kiss Products reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Kiss Products Sites and/or introduce different features or links to different users.
- Links to Kiss Products Sites. Other sites may link to the Kiss Products Sites only through a plain-text link subject to the prior written approval of a duly authorised employee of Kiss Products. To seek our permission, please contact us at the address below. Kiss Products reserves the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Kiss Products Sites, at our discretion, with or without cause, at any time.
- DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISITORS TO THE KISS PRODUCTS SITES AGREE THAT THEIR USE OF THE KISS PRODUCTS SITES AND CONTENT IS AT THEIR OWN SOLE RISK. THE KISS PRODUCTS SITES ARE PROVIDED "AS IS," “WITH ALL FAULTS,” AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND THE ENTIRE RISK OF PERFORMANCE REMAINS WITH YOU. WITHOUT LIMITATION OF THE FOREGOING, KISS PRODUCTS (INCLUDING ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENCORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE KISS PRODUCTS SITES AND CONTENT, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE KISS PRODUCTS SITES; (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (iii) ANY WARRANTY THAT THE KISS PRODUCTS SITES OR CONTENT WILL MEET YOUR REQUIREMENTS; (iv) ANY WARRANTY THAT THE KISS PRODUCTS SITES OR CONTENT WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS; AND (v) ANY WARRANTY THAT DEFECTS ON THE KISS PRODUCTS SITE OR IN CONTENT WILL BE CORRECTED. KISS PRODUCTS DOES NOT ASSUME ANY LIABILITY RELATING TO DELAYS OR INTERRUPTIONS ATTRIBUTABLE TO THIRD PARTY FAILURES BEYOND ITS CONTROL. KISS PRODUCTS ALSO MAKES NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND KISS PRODUCTS HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE KISS PRODUCTS SITES MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. KISS PRODUCTS AND ITS AFFILIATES DO NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE KISS PRODUCTS SITES BY ANYONE OTHER THAN AUTHORISED KISS PRODUCTS EMPLOYEES ACTING IN SUCH CAPACITY. KISS PRODUCTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE KISS PRODUCTS SITES. YOU (AND NOT KISS PRODUCTS OR ANY OF ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE KISS PRODUCTS SITES, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE KISS PRODUCTS SITES, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. KISS PRODUCTS DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE KISS PRODUCTS SITES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE KISS PRODUCTS SITES WILL BE UNINTERRUPTED OR ERROR-FREE.
- DISCLAIMER OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KISS PRODUCTS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; WRONGFUL DEATH; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE KISS PRODUCTS SITES, PRODUCTS, CONTENT, OR YOUR ACCOUNT, EVEN IF KISS PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KISS PRODUCTS SHALL IN NO EVENT BE LIABLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND RESULTING FROM ANY OF ITS EMPLOYEES, REPRESENTATIVES OR SALES PERSONS RENDERING TECHNICAL OR OTHER ADVICE.
- LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 17 OR 18, KISS PRODUCTS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICES, PRODUCTS, CONTENT OR THE KISS PRODUCTS SITES WILL BE LIMITED TO THE ACTUAL PRICE PAID FOR PRODUCTS PURCHASED FROM US, WITHOUT INTEREST. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE SITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
- Independent Remedies. The exclusion of damages under Section 18 is independent of your exclusive remedy in Section 19 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 17, 18, and 19 apply without regard to whether loss, liability, or damage arise from: (A) breach of contract, (B) breach of warranty, (C) fault or tort, including negligence and misrepresentation, (D) strict liability, or (E) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
- NOTICE ON POTENTIAL LIMITS OF SECTIONS 17, 18, and 19. Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 17, 18, or 19 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this section may not apply to you.
- Limited Use. Kiss Products controls and operates the Kiss Products Sites from our offices in the State of New York, United States of America. While we invite visitors from all parts of the world to visit the Kiss Products Sites, visitors acknowledge that the Kiss Products Sites, and all activities available on and through the Kiss Products Sites, are governed by the laws of the United States of America and the laws of the State of New York. We do not represent that materials on the Kiss Products Sites are appropriate or available for use in other locations. Persons who choose to access the Kiss Products Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Kiss Products Sites are intended and directed to residents of the United States and all advertising and claims contained in the Kiss Products Sites are valid only in the United States.
- Governing Law and Exclusive Jurisdiction. These Terms and governed by and construed in accordance with the laws of the State of New York, excluding its conflicts-of-law rules. You agree that the UN Convention on Contracts for the International Sale of Goods does not apply. Please note that your use of the Kiss Products Sites may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Kiss Products or relating in any way to your use of the Kiss Products Sites resides in the courts of the County of Nassau, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Nassau, State of New York, in connection with any such dispute and including any claim involving Kiss Products or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the Kiss Products Sites must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.
- Termination. Kiss Products reserves the right to suspend or terminate the Kiss Products Sites or your Account or your use of the Kiss Products Sites at any time, for any reason. You may terminate your Account by [insert description of termination process]. Upon termination, we will remove your personally identifiable information from the Kiss Products Sites, although some information (including personally identifiable information) may be archived indefinitely, or as long as legally required or allowed, for our business needs and in order to deter fraud, abuse, or breach of contract. Any provision which, by its nature or express terms should survive will survive such termination, including, but not limited to, Sections 3, 6, 7, 12, 13, 14, 17-25.
- General. Kiss Products' failure to insist upon or enforce any provision of these Term and Conditions shall not be construed as a waiver of any provision or right of Kiss Products. Kiss Products may assign its rights under these Terms and Conditions to any party at any time without notice to you. A waiver will only be binding on Kiss Products if it is in writing and signed by Kiss Products. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Kiss Products intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Kiss Products agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Kiss Products may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicence your rights, if any, in the Kiss Products Sites. These Terms will be binding upon all of Kiss Products’ successors and assigns. These Terms (including any incorporated terms) constitute the entire agreement between you and Kiss Products with respect to your use of the Kiss Products Sites and the Services. Both you and Kiss Products warrant to each other that, in entering these Terms, neither Kiss Products nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Kiss Products, or Kiss Products’ successors and permitted assigns, will have any right to enforce any of these Terms.
- Notices. You agree that Kiss Products may send all required notices (including legal process) to you regarding your use of the Kiss Products Sites by any lawful method, including by means of electronic mail, a general notice posted on the Kiss Products Sites or by written communication delivered either by overnight courier or US mail to your e-mail or mailing address as appearing in Kiss Products' records from time to time. You agree to send Kiss Products notices by contacting us at: [email@example.com].
- Contact Information. Please feel free to contact us via one of the methods described on our “Contact Us” page, or mail us a letter to: Customer Service at Kiss Products, Inc., 57 Seaview Boulevard, Port Washington, NY 11050.