1. Site. The Company owns and operates a website and a related mobile application each commonly known as “kappa-usa.com” (collectively, the “Site”).
2. User. Individuals may visit the Site for a variety of purposes.
(b) However, if an individual visiting the Site wishes to purchase any product that the Company offers for sale on or through the Site (each, a “Product”, and collectively, the “Products”), that individual must provide his or her correct legal name, as well as other PII that the Company may require during registration and from time to time thereafter.
3. Service. The Site offers participants an opportunity to learn about Products offered for sale by the Company and the ability to place one or more orders for such Products (each, an “Order”), services provided by the Company, to enter their PII on the Site so as to receive communications from the Company and to send communications to the Company (collectively, the “Service”).
4. Bona Fide Use. If you submit PII, you will submit only true and correct PII that is personal to you. In addition, your use of the Site must be for the bona fide purpose of receiving the Service.
5. Content on the Site.
(a) Proprietary Rights. The Company owns and/or licenses and retains all proprietary rights in the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of the Company. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
6. Prohibited Content. User hereby covenants to the Company as follows:
(a) You acknowledge that the Company does not accept onto the Site any submission of a User that: (i) contains libelous, indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by the Company, in its sole discretion), or any illegal subject matter or activities; (ii) violates any law or regulation governing false or deceptive advertising, comparative advertising or trade disparagement; (iii) contains any misrepresentation, or content that is defamatory or violates any rights of privacy or publicity; (iv) infringes on any copyright, trademark, patent or other proprietary right, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; (v) contains any “worm”, “virus” or other device that could impair or injure any person or entity; (vi) harasses or advocates harassment of another person; (vii) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming;” (viii) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (ix) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (xi) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes (collectively referred to as the “Prohibited Content”). You shall not post any Prohibited Content anywhere on the Site.
(b) You are solely responsible for any and all legal liability arising out of or relating to your breach of any term or condition set forth in this Agreement, including, without limitation, your posting of Prohibited Content anywhere on the Site. You hereby agrees to indemnify, defend and hold harmless the Company and its officers, directors, agents, employees and independent contractors from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings (i) for libel, defamation, violation of right of privacy or publicity, breach of contract, copyright infringement, trademark infringement or other infringement of any third party, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation throughout the world in connection with your use of the Site; (b) arising out of any breach by you of any representation, warranty or covenant under this Agreement; or (c) relating to a contaminated file, virus, worm, or Trojan horse originating from a posting made by you on the Site.
7. NO WARRANTIES; LIMITATION OF LIABILITY. THE SERVICE AND EACH OF THE PRODUCTS IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH REGARD TO THE SITE OR ANY COMPONENT THEREOF, THE COMPANY MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT INFORMATION DERIVED FROM THE SITE, DIRECTLY OR INDIRECTLY, WILL FULFILL ANY USER’S PARTICULAR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF THE SITE SHALL BE AT EACH USER’S OWN DISCRETION AND SOLE RISK. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL FROM OR THROUGH THE SITE. THE COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY ACTUAL, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST INCOME, LOST REVENUE, LOST PROFITS, OR ANY CLAIM OR DEMAND AGAINST ANY USER BY ANY THIRD PARTY, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, REGARDLESS OF FORESEEABILITY AND EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9. Modifications. The Company may modify this Agreement at any time, and without prior notice, by posting amended terms on the Site. Your continued use of the Site indicates your acceptance of the amended Agreement.
10. Eligibility. You must be at least 13 years of age use to register as a User. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
11. Refusal of Service. The Company may prohibit any party to use the Site, or any reason whatsoever or for no reason.
12. Disclosure By Law. You acknowledge and agree that the Company may disclose information you provide (including, without limitation, PII) if required to do so by law, at the request of a third party (including, without limitation, law enforcement agencies), or if the Company, in its sole discretion, believes that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement; (ii) protect or defend the Company’s, or a third party’s rights or property; or (iii) protect someone’s health or safety, such as when harm, violence or abuse against any person is threatened.
13. Termination. You acknowledge and agree that the Company may, with or without cause, immediately terminate your access to the Site without prior notice. The Company is not required, and may be prohibited, from disclosing a reason for the termination of your access. Reasons for termination shall include, without limitation, (i) breaches or violations of this Agreement the Company’s policies as may be in effect from time to time, (ii) requests by any governmental agency, (iii) technical problems, and (iv) extended periods of a User’s inactivity. The Company may terminate your use by sending notice to you at the email address you provide in your registration with the Site, or such other email address as you may later provide to the Company. All decisions regarding the termination of your access shall be made in the sole discretion of the Company. Even after your access is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. You may unsubscribe to our communications by clicking here: [email protected] and typing “UNSUBSCRIBE” in the subject line.
14. Blocking of IP Addresses. In order to protect the integrity of the Site, the Company reserves the right at any time in its sole discretion to block certain Users from accessing the Site.
16. Activity Monitoring. Although the Company has the right to monitor activity and content associated with the Site, the Company is under no obligation to do so.
17. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of New York.
18. Severability. Invalidation of any one of the covenants or terms of hereof, by judgment of a court, shall not affect any of the other provisions of hereof which shall remain in full force and effect.
19. No Waiver. No waiver of any breach of any provision of this Agreement by the Company shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the Company.
20. Entire Agreement. This Agreement contains the entire agreement between you and the Company regarding the use of the Site.
Please contact us at [email protected] with any questions regarding this Agreement.
□ I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.