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...terms of service
Acceptance of Terms
The webpages available at www.kook-wear.com, and all linked pages ("Site"), are owned and operated by Kook Wear, LLC ("Kook Wear"), a Florida limited liability company, and is accessed by you under the Terms of Service described below ("Terms of Service").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. KOOK WEAR'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY KOOK WEAR, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Modifications of Terms of Service
Kook Wear reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, Kook Wear will notify you via email. What constitutes a "material change" will be determined at Kook Wear's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
Description of Service
Subject to full compliance with the Terms of Service, Kook Wear may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Kook Wear performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site. Kook Wear may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Kook Wear may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Content Submitted or Made Available for Inclusion on the Service
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/.
Copyright
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by Kook Wear or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of Kook Wear or any third party.
The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Site, or use the contents of this Site in litigation, or for any commercial or promotional purposes, without the express written consent of Kook Wear or its lawful successors and assigns. For usage permission, Contact Us.
Copyright Complaints
Kook Wear respects the intellectual property of others. It is Kook Wear's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Kook Wear will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Kook Wear may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Kook Wear will terminate access for subscribers and account holders who are repeat infringers.
Notifying Kook Wear of Copyright Infringement: To provide Kook Wear notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." via our Contact Us (http://www.kook-wear.com/contact_us/) page that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Kook Wear with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Kook Wear with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at our Contact Us (http://www.kook-wear.com/contact_us/) page that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Kook Wear Privacy Policy
Kook Wear's current privacy policy is available at www.Kook Wear.com/privacy_policy/ (the "Privacy Policy"), which is incorporated by this reference.
Indemnity
You will indemnify and hold harmless Kook Wear, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Service by you, or the infringement by you, or any third party using your account or Kook Wear User ID, of any intellectual property or other right of any person or entity.
Warranty Disclaimers
You acknowledge that Kook Wear has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Kook Wear from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Kook Wear makes no representations concerning any content contained in or accessed through the Site, and Kook Wear will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Third Party and Co-Branded Web Sites
This Site may contain hyperlinks ("links") to Web Sites operated by persons or entities other than Kook Wear ("third-party Web Sites") or to co-branded Web Sites operated by a third party, including affiliates ("co-branded Web Sites"). We provide such links for your reference and convenience only. A link from Kook Wear to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from our Site. KOOK WEAR IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
Limitation of Liability
IN NO EVENT SHALL Kook Wear OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Termination
Kook Wear may terminate or suspend any and all Services and your Kook Wear account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Kook Wear account, you may simply discontinue using the Services. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind Kook Wear in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Kook Wear shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Kook Wear's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service is not assignable, transferable or sub-licensable by you except with Kook Wear's prior written consent. Kook Wear may transfer, assign or delegate the Terms of Service and its rights and obligations without consent. The Terms of Service shall be governed by and construed in accordance with the laws of the state of Florida, as if made within Florida between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Brevard County and the United States District Court for the Northern District of Florida. Notwithstanding the foregoing sentence, (but without limiting Kook Wear's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Melbourne, Florida using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
Trademarks
Kook Wear and other Kook Wear graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Kook Wear in the U.S. and/or other countries. Kook Wear's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
Kook Wear® is a registered trademark of Kook Wear, LLC. in the United States and other countries. Other marks indicated on our Site are trademarks or registered trademarks of Kook Wear in the United States and other countries. All rights reserved.
This Site refers to third-party trademarks. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Kook Wear or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Kook Wear or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Kook Wear or any third party.
Orders
Kook Wear does sell products for children, but it does not sell products to children. Kook Wear only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Kook Wear reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Kook Wear believes that user conduct violates applicable law or is harmful to the interests of Kook Wear or its affiliates.
License and Site Access
Kook Wear grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Kook Wear. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kook Wear. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kook Wear and our affiliates without express written consent. You may not use meta tags or any other hidden text using Kook Wear’s name or trademarks without the express written consent of Kook Wear. Any unauthorized use terminates the permission or license granted by Kook Wear.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Kook Wear so long as the link does not portray Kook Wear or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Kook Wear logo or other proprietary graphic or trademark as part of the link without express written permission. You may not make any other part of this Site, other than the home page of the Site, available as part of another service by "deep linking," or otherwise, without prior written permission from Kook Wear.
Your Responsibilities
You agree to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from Kook Wear. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Site or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Kook Wear or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using this Site, you agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access; Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site; Sending unsolicited email, including promotions and/or advertising of products or services, and Forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of Loss
All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Kook Wear. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when Kook Wear delivers these items to the carrier.
Product Information
Kook Wear attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. Most Kook Wear products displayed on the Site are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in retail stores. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars.
Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate.
The Kook Wear Guarantee
Kook Wear will guarantee no product shall ship to a customer with a known defect. For defective items that escape our pre-ship quality inspection, we will have a return policy in place. We must be notified of the defect within 5 days of receipt and the item must be returned un-washed and unworn. We will not refund the purchase price, but send a new item to you, in kind, at our shipping expense (and refund your cost of shipping the item back to us). If you have received an item as a gift, but the size is incorrect, we will exchange the item, in kind, for the proper size. We will not cover the cost of shipping the gift item back to us, but we will ship the properly sized item to you at no charge.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY: THIS SITE IS PROVIDED BY KOOK WEAR ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOOK WEAR MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOOK WEAR DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL KOOK WEAR, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO KOOK WEAR THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
©2006 - 2008 Kook Wear, LLC All rights reserved