We are free to change the Terms at any time by revising the Terms found on the Site. You agree that no other notice will be required in order to change the Terms. If you don’t agree with any change made to the Terms then you must exit the Site immediately and discontinue using the Site. Your continued use of the Site will be deemed to be you agreement to be bound by the revised Terms.
To the extent the Terms conflict with any other KISS& WEAR terms or policy, the Terms will govern to the extent of that conflict.
All text, graphics, user interfaces, interface design and layout, visual interfaces, designs, photographs, trademarks, logos, written content, images, illustrations, sound or video clips, software code and animation found on the Site (collectively, “Content”), including but not limited to the structure, selection, coordination, expression and arrangement of such Content, is owned, controlled or licensed by or to KISS & WEAR, and except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
- YOUR USE OF THE SITE
Subject to the Terms, www.kissandwear.com hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Site, solely for purposes of purchasing or reviewing KISS & WEAR products and not for any commercial use or for use with, or on behalf of, any third party. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws and who are not barred from using the Site under applicable laws. You may not use the Site or any Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
With your limited license you may download or print pages and images from the Site for your own personal use only. You may re-copy, extract, or forward pages from this Site to a third party for their personal use only. With your limited license, you agree that you will not make any modifications to any pages, images, content that you copy, email, post, forward, share, in any way. You will acknowledge credit to www.kissandwear.com and ensure that all acts comply within our Terms. Should you wish to incorporate any part of www.kissandwear.com into any work or publication, including incorporation into an electronic organization, you must contact KISS & WEAR for our express prior written consent.
We reserve the right to ask for the removal of any content that violate these Terms or that is otherwise in our opinion, offensive or inappropriate misuse of information or Content found on the Site or owned by KISS & WEAR.
You acknowledge and agree that KISS & WEAR, in its sole discretion and without notice or any further obligation to you, may temporarily or permanently suspend or discontinue and refuse any and all current and future, access to or use of the Site. You agree that you will not resell for commercial purposes products purchased through use of the Site. You agree that you will not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You agree that you will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any KISS & WEAR server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You agree that you will not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of KISS & WEAR to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
- GRANT OF LICENSE
- REGISTRATION AND ACCOUNT RESPONSIBILITY
Registration on the Site is available to anyone eighteen years or older who truthfully and accurately provides all required information, including a legitimate address, and who obtains a unique username and password. Each time you log in to the Site you will be confirmed an authorized user as defined within Our Terms. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on our Site including but not limited to, all transmissions and obligations (i.e. financial obligations) with your username and password or any other breach or threatened breach of the sites security of which you become aware.
You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead KISS & WEAR or our service providers.
- ELECTRONIC COMMUNICATION
You consent to receive electronic communications from KISS & WEAR either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
- LINKS TO OTHER SITES
The Site may contain links to websites and other resources operated by third parties. Such links are provided solely as a convenience to you. We do not control such third party websites, and we are not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties. For example, Kiss & Wear uses Pinterest Tag to track it's customers' behavior.
- COLLECTION USE AND DISCLOSURE OF YOUR INFORMATION
KISS & WEAR considers your privacy and online safety of utmost importance. By placing an order with KISS & WEAR you give us your consent to process and use your personal data in accordance with the Terms. Personal information collected may be used to contact you regarding your orders or returns. With a www.kissandwear.com account, you will automatically be added to our mailing list. Should you wish not to receive updates you may unsubscribe from our mailing list at any time by clicking ‘unsubscribe’ found on the bottom of any newsletter sent to your email.
We may also use the information that we collect from you to:
- Process and fulfill your orders
- Manage your account with Kiss & Wear
- Administer the Site
- Monitor customer online traffic patterns and site usage to help us develop and improve the design and usability of the site.
- Protect the security or integrity of the Site and Our business
- Notify you about enhancement to our services, such as recent updates to the Website, new services and special offers that may be of interest.
Please note KISS & WEAR does not knowingly collect personally identifiable information from anyone under the age of eighteen. Please do not submit any personal details if you are under nineteen years of age – you may rely on your parent or guardian to assist you.
KISS & WEAR may provide certain information to third party service providers who perform specific functions on our behalf. For example, We may share your mailing address and other contact information with our delivery partners. Please note Our service providers (i.e. web hosting, credit card processing and others) may have access to all or parts of the information We maintain. All such information to third parties is limited to the information required to perform their functions. We seek to limit third-party use of information, however We are not responsible for such third-party use of information that is not in compliance with the Terms.
KISS & WEAR may be involved in the sale or transfer of some or all of its business. As part of that sale or transfer, KISS & WEAR may disclose your personal information to the acquiring organization, but will require the acquiring organization to agree to protect the privacy of your personal information in a manner that is consistent with the Terms. KISS & WEAR has no liability for the acquiring organization’s use and disclosure of your personal information. Without limiting the generality of the foregoing, we reserve the right to transfer or assign all your information, without your consent or notification, pursuant to a merger, sale, reorganization, purchase or other transaction in relation to Kiss & Wear.
- SECURITY OF YOUR PERSONAL INFORMATION
Personal information is only gathered at the point of purchase and all information is gathered securely using an SSL certificate/secure server. KISS & WEAR uses appropriate security measures to protect the information you give us. However, although we take all reasonable steps to protect your personal information, you should recognize that there is no “perfect security” and as such, no Internet data transmission can be guaranteed to be secure from access by unintended recipients. You agree that KISS & WEAR will not be held responsible for any breach of your security unless this is due to our gross negligence.
KISS & WEAR may use certain tracking data. Tracking data information may be used for a variety of purposes, including, without limitation, to compile statistical, demographic, or aggregated information about visitors to the site generally, and also may be used to create reports on user demographics and the traffic patterns of the Site. The reports that are generated from tracking data information are used for a variety of purposes, including, for example to improve the Site and Our services.
- SITE DIRECTED AT VISITORS FROM THE U.S.A.
Please note the Site is directed and intended for the use of visitors residing in the U.S.A. However, the Site may be accessed by visitors residing outside of the U.S.A. with the realization that we make no warranties that www.kissandwear.com is appropriate or available for use in countries outside of the U.S.A. Visitors who choose to access www.kissandwear.com from outside the U.S.A. do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
- PRODUCT INFORMATION
The availability of products on the Site may be limited to the quantities listed on the Site. In some cases, products displayed on the Site in images or other intellectual content, may not be available for purchase on www.kissandwear.com. We try to maintain accurate information on the Site regarding product availability, size, and pricing, however we cannot guarantee any such accuracy. In addition, the actual colors of the products displayed on the Site will depend on the settings of your monitor, and KISS & WEAR cannot guarantee that your monitor’s display of any color will be completely accurate.
- SITE TRANSACTIONS
We reserve the right to refuse, in our sole discretion, any order placed on the Site (including, without limitation, orders placed with incorrect information or errors in pricing, including, without limitation, any such errors made by KISS & WEAR). We further reserve the right to change or modify any order placed on the Site. In the event any order is cancelled or changed, Kiss & Wear will attempt to notify you of such cancellation or change; however, we cannot guarantee that you will receive such notice.
We disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or untimely delivery of any information or material including, without limitation, any purchase order submitted to or transmitted through www.kissandwear.com.
We do not warrant that the Site will be uninterrupted or error free. In addition, we do not make any warranty as to the Content on the Site. KISS & WEAR and the Content and services available on the Site are distributed on an “as is, as available” basis. Any material that you download or otherwise obtain through the Site is done at your own discretion and risk, and you will be solely responsible for any damages to your computer system or loss of data that results from your download of any material. We make no warranties of the following:
- That Site and its products will meet your requirements;
- That the Site will be uninterrupted, timely, secure or error free;
- That the Content including, without limitation, information regarding products, pricing, or availability that may be obtained from the Site will be accurate or reliable, the quality of any products, services, information, or other material that you purchase or obtain through the Site will meet your expectations;
- That the Site will be free of viruses or other harmful or malicious code; and
- That any errors on this Site will be promptly corrected.
By using the Site you expressly agree to assume the entire risk as to the quality and performance of the Site and the accuracy or completeness of its Content.
In no event shall KISS & WEAR, or any third-party involved in the creation and maintenance of the Site and its Content, be liable for any damages (including without limitation, direct, incidental, special, consequential, indirect, or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use, or inability to access or use the site, including damages to your computer equipment.
As noted above, we reserve the right to terminate your access, or suspend any user’s access to all or part of the Site without notice or recourse, for any conduct that KISS & WEAR believes is in violation of any applicable law or of these Terms, or that We believe to be harmful to the interests of another user, a service provider, KISS & WEAR or its affiliates.
By visiting/using the Site, you agree that the laws of the U.S.A, without regard to principles of conflict of laws, will govern the Terms and any dispute of any sort that might arise between you and Us. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the provincial or federal courts located in the U.S.A, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
- OUR ADDRESS
If you have any questions about these policies, the practices of this site, or your dealings with this site, please contact us at:
KISS & WEAR