Effective as of June 5th, 2005
Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site (collectively, "Users"). By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms, then you should discontinue access or use of the Site.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND KALON WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
This is a contract between you and KALON. You must read and agree to these Terms before using our Site. If you do not agree to these Terms, you may not use our Site. You may use our Site only if you can form a binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Site by anyone under thirteen (13) years of age is strictly prohibited and in violation of these Terms. If you are under eighteen (18) years of age, you may use the Site only with involvement of a parent or legal guardian and their consent and agreement to these Terms. If you are under 18, you represent that you have your parent or guardian’s permission to use the Site and that your parent or guardian is agreeing to these Terms. If you are a parent or legal guardian of a User under the age of 18, by allowing your child to use the Site, you are subject to the terms of these Terms, and responsible for your child’s activity on the Site. Our Site is not available to any Users we previously removed from our Site.
- ACCESS AND USE
Subject to your compliance with the terms and conditions of these Terms, you may access and use our Site solely for your personal, non-commercial use. We reserve all rights not expressly granted by these Terms in and to our Site and our Intellectual Property (defined below). We may suspend or terminate your access to our Site at any time for any reason or no reason.
You will not, and you will not assist, permit or enable others to, do any of the following:
3.1 use our Site for any purpose other than as expressly set forth in the “Access and Use” section above;
3.2 disassemble, reverse engineer, decode or decompile any part of our Site;
3.3 use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record the Site;
3.4 copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of our Site or any of our Intellectual Property;
3.5 remove any copyright notices or proprietary legends from our Site;
3.6 use our Site in a manner that impacts: (i) the stability of our servers; (ii) the operation or performance of our Site or any other User’s use of our Site; or (iii) the behavior of other applications using our Site;
3.7 use our Site in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in our sole discretion) to us, our providers, our suppliers or Users;
3.8 use our Site in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;
3.9 use our Site for benchmarking or competitive analysis of our Site;
3.10 attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running our Site;
3.11 transmit viruses, worms, or other software agents through our Site;
3.12 impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use our Site for any invasive or fraudulent purpose;
3.13 share passwords or authentication credentials for our Site;
3.14 bypass the measures we may use to prevent or restrict access to our Site or enforce limitations on use of our Site or the content therein, including without limitation features that prevent or restrict use or copying of any content;
3.15 identify us or display any portion of our Site on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights; or
3.16 identify or refer to us or our Site in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of our Site under these Terms, without our express written consent.
- USER ACCOUNTS
Your account on our Site (your "User Account") gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of User Accounts for different types of Users.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete profile information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your User Account. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any losses caused by any unauthorized use of your User Account.
You may control certain aspects of your User profile and how you interact with our Site by changing the settings in your settings page. By providing us with your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other promotional messages, such as changes to features of our Site and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting KALON support at [email protected] or by clicking the unsubscribe link within each promotional message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers; however, opting out will not prevent you from receiving service-related notices.
You acknowledge that you do not own the User Account you use to access our Site. Notwithstanding anything in these Terms to the contrary, you agree that we have the absolute right to manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our (including by our third party hosting providers’) servers as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right. All data on our servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.
By connecting to our Sites with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
- USER DATA
For the purposes of these Terms, "Intellectual Property" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, location, territory or other jurisdiction.
- OUR PROPRIETARY RIGHTS
Except for your User Content, you understand and accept that our Site and all materials therein or transferred thereby, including, without limitation, all information, data, text, software, music, sound, photographs, graphics, logos, patents, trademarks, service marks, copyrights, audio, video, message or other material appearing on this Site, including User Content belonging to other Users (collectively, “KALON Content”),and all Intellectual Property rights related thereto, are the exclusive property of KALON and its licensors (including other Users who post User Content to our Site).You are expressly prohibited from using any KALON Content without the express written consent of KALON or its licensors. Except as otherwise stated in these Terms, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of KALON, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without KALON's express written permission, 'mirror' any material contained on this Site or any other server. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
- INTERACTIONS WITH OTHER USERS
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor interactions between you and other Users. WE SHALL HAVE NO LIABILITY FOR, AND EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM, YOUR INTERACTIONS WITH OTHER USERS, OR FOR ANY USER’S ACTION OR INACTION.
- SERVICE LOCATION; RESTRICTIONS
Our Site is controlled and operated from facilities in the United States. We make no representations that our Site is available for use in other locations. Those who access or use our Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use our Site if you are a resident of a location embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
- SUBMISSION OF CONTENT; COMMENTS, IMAGES, VIDEOS AND OTHER CONTENT
The Site allows Users to submit, post, display, provide, or otherwise disclose, or offer in connection with your use of this Site, content, including content from or via third parties or third-party services or other websites such as Facebook or Instagram that may interact with this Site, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including submissions with any hashtags such as #xoxokalon or #kaloncomfy (collectively, 'User Content'). User Content may include personal information. WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT. However, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content (“IP License”). The IP License includes, for example and without limitations, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances KALON may also share your contribution with trusted third parties. You are also granting us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use your name, likeness, personality, voice, or any other materials or information you provide to KALON in connection with your content.
You further grant, and you represent and warrant that you have all rights necessary to grant, KALON an irrevocable, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, and display your User Content: (a) to maintain and provide the Site to you; (b) solely in de-identified form, to improve our products and services and for our other business purposes, such as data analysis, customer research, developing new products or features, and identifying usage trends (and we will own such de-identified data); and (c) to perform such other actions as authorized by you in connection with your use of the Site.
You understand and agree that it is your obligation to make sure the User Content you submit to the Site must not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property rights and privacy rights, and you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties. You also understand and agree that User Content you submit to the Site must not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in KALON’s sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site or other websites such as Facebook or Instagram that may interact with this Site.
KALON is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay you any compensation for any User Content; (3) to credit or acknowledge you for User Content; or (4) to respond to any User Content. We take no responsibility and assume no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over our Site. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on our Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that KALON shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
If you do not want to grant KALON the permission set out above on these terms, please do not submit User Content.
- U.S. TELEPHONE COMMUNICATIONS AND AGREEMENT TO BE CONTACTED VIA AUTOMATIC DIALER
10.1 Call Recording and Monitoring. You acknowledge that telephone calls made to, or received from or on behalf of, KALON may be monitored and recorded and you agree to such monitoring and recording.
10.2 Providing Telephone Numbers and Other Contact Information. When you provide your contact information to KALON You certify that any such contact information, including, but not limited to, your name, mailing address, email address, and residential, business or mobile telephone number, is true, accurate, and current. As such, you certify that you are the current subscriber or owner of any telephone number(s) that you provide. You understand that you are strictly prohibited from providing a telephone number that is not your own. If you have an account with us, and if we discover that any contact information provided by you when you set up the account is false or inaccurate, we may suspend or terminate your account at any time.
10.3 Change in Ownership of Telephone Number(s). If you opted-in to receive SMS text messages from us as set forth below, and the ownership of your telephone number(s) were to change, you agree to immediately notify us before the change goes into effect by replying STOP to any text message you receive from us.
10.4 Your Consent to Receive Automated Calls/Texts from KALON. You acknowledge that by voluntarily providing your telephone number to us in any manner (including, without limitation, by signing up to receive text messages when prompted to do so at one of our KALON stores, on our website or mobile app, or by providing your telephone number when you register for an account), you expressly agree to receive transactions and promotional text messages from KALON including as they relate to promotions, product recommendations, your account, changes and updates, service outages, reminders, follow ups to any push notifications delivered through our mobile app, or any other information regarding any transaction with KALON, and/or your relationship with KALON. You acknowledge and agree that automated calls or text messages may be made to the telephone number provided even if your telephone number is registered on any state or federal Do Not Call list. You agree to continue to receive recurring automated calls and text messages from KALON even if you cancel your KALON User Account or terminate your relationship with us, until you opt-out as instructed below. You do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services.
10.5 Opt-Out Instructions. Your consent to receive automated calls and texts from us is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive. You may also text HELP for help. If you decide to opt-out, you acknowledge and agree to accept one final text message from us confirming your opt out. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages.
10.6 Fees and Charges. There is no fee to receive automated telephone calls or text messages from KALON. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge and agree that KALON shall not be responsible for such charges.
10.7 General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service providers, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section of the Terms will survive indefinitely regardless of whether you continue to have an account with KALON or continue to visit our site or app, or you do not. If you have any questions or need any clarification about any of the information and rules provided in this Section, please send us an email to [email protected], or contact our Customer Service at 888-311-7009 for U.S. You can also contact us through our customer service form.
- ADDITIONAL TERMS FOR MOBILE APPLICATIONS
11.1 Mobile Applications We may make available software to access our Site via a compatible mobile device (“Mobile Applications”). You may incur mobile data charges from your wireless provider in connection with the Mobile Applications, and you agree that you are solely responsible for any such charges. We grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for your User Account on one or more mobile devices owned or leased solely by you, solely in accordance with this Agreement. You acknowledge that we may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof. We or our third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void.
11.2 App Store Terms If you acquire any Mobile Applications from any third-party app store: (i) you acknowledge that these Terms are between you and us only, and not with such third party; (ii) your use of such Mobile Applications must comply with such third party’s then-current app store terms and conditions; (iii) such third party is only a provider of the app store where you obtained such Mobile Applications; (iv) we, and not such third party, are solely responsible for our Mobile Applications; (v) such third-party has no obligation or liability to you with respect to such Mobile Applications or these Terms; and (vi) you acknowledge and agree that such third-party is a third-party beneficiary to these Terms as they relate to such Mobile Applications.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our commercially reasonable security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- KALON'S COMMUNICATIONS TO YOU
You agree that KALON may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of KALON's products or services, or for such other purpose(s) as KALON deems appropriate.
- PROMOTIONS AND CONTESTS
Any contests or promotions described or posted on this Site shall be governed by the rules regulating such events. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that KALON may use your information for marketing and promotional purposes.
- PRODUCT INFORMATION
Most KALON products displayed at the Site are available in select KALON stores while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in KALON stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
- LINKS TO OTHER WEB SITES AND SERVICES
- WARRANTIES; DISCLAIMER
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KALON OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, KALON, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF OUR SERVICE. WE ATTEMPT TO ENSURE THAT INFORMATION PROVIDED ON OR IN CONNECTION WITH THE SERVICE COMPLETE, ACCURATE AND CURRENT. DESPITE OUR EFFORTS, SUCH INFORMATION MAY OCCASIONALLY BE INACCURATE, INCOMPLETE OR OUT OF DATE. ACCORDINGLY, WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENTNESS OF SUCH INFORMATION, INCLUDING ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS AND SERVICES DESCRIBED OR DEPICTED ON THE SERVICE. SUCH INFORMATION IS ALSO SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
FURTHER, KALON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND KALON WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- INACCURACY DISCLAIMER
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Price and availability information contained on this site is subject to change without notice. KALON shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site. All materials and information presented by KALON on the Site are intended to be used for informational purposes only.
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
If you are not completely satisfied with your kalonclothing.com purchase, you may return it with your invoice to any KALON store or by mail. Please see our Returns & Exchange Policy for details.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KALON OR ITS , ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM KALON), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO KALON'S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES; (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; AND/OR (E) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL KALON, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO KALON HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KALON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER
22.1 Arbitration READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KALON For any dispute with KALON, you agree to first contact us and attempt to resolve the dispute with us informally by sending a notice to:
IMPRESSONS, LLC Attention Legal Department 1429 E Beamer St. Ste A, Woodland, CA 95776
You must include your name and residence address, the email address you use for your KALON User Account (if any), and a clear statement of your claim. In the unlikely event that KALON has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco, California, unless you and KALON agree otherwise. If you are using our Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using our Service for non-commercial purposes: (a) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (b) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (c) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. NOTHING IN THIS SECTION SHALL BE DEEMED AS PREVENTING KALON FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS.
22.2 Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS KALON AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND KALON ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
- GOVERNING LAW & VENUE
These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. The parties acknowledge that this Agreement evidenced a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision above, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
- CHANGE IN TERMS
- ENTIRE AGREEMENT/SEVERABILITY.
These Terms, together with any amendments and any additional agreements you may enter into with us in connection with our Site, shall constitute the entire agreement between you and us concerning our Site. None of our employees or representatives are authorized to make any modification or addition to these Terms. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us or your use of our Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
- NO WAIVER
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and KALON’S failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
KALON, KALON CLOTHING, XOXOKALON are registered trademark, service mark, and/or trade name of IMPRESSONS, LLC. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. KALON disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of IMPRESSONS, LLC, except as necessary to accurately identify the products or services of KALON.
- CALIFORNIA RESIDENTS
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
- FREEBIES, DOWNLOADABLES, Personal usage license
29.1. Our straightforward Personal License For every image you download, we grant you a personal, non-commercial, license for a single user which is non-exclusive, non-transferable and revocable. It applies throughout the world and is subject to the standards and restrictions set out below.
29.2. Permitted use: Our Personal License allows you to use our images for any personal use that complies with our Standards (see point 29.5 below). For example, you can use the images to:
-create artwork for your home,
-print onto t-shirts or items for you or your family,
-add them to a personal blog or use them on your personal social media,
-incorporate them into designs for your private portfolio,
-use them in personal school or college projects.
29.3. What you cannot do: Our personal use license is a non-commercial license which does not allow any business use. This means you can not use the images in any products or services you sell or trade or in any advertising or promotions for these.
-You can not sell, re-distribute or share our images or copies of our images in any format.
-You must not make our images available in a format that allows others to access or reproduce them.
-You must not add our images to any image gallery or stock image site.
-You must not claim that our images are your own work. This means you must not claim that you own the intellectual property rights in any images or attribute the ownership or origin of our images to anyone other than us/the named artist.
29.4. You also cannot use our images in any ways that do not meet our basic Standards:
-You must not use our images in connection with any communication, document or material which:
-is defamatory of any person, obscene, blasphemous, offensive, hateful, inflammatory, or promotes or uses violent or sexually explicit material or pornography,
-promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
-infringes any copyright, design right, database right or trademark of any other person, or breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence,
-promotes any illegal activity or advocates, promotes, incites any person to commit, or assist any unlawful or criminal act, or is in contempt of court, or is likely to deceive any person, may be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or is likely to harass, upset, embarrass, alarm or annoy any other person.
29.5. Intellectual Property Rights: The majority of our images have been created by us and we (KALON) own the intellectual property rights in them. There are a small number of images that have been created by other photographers or artists who have given us permission to distribute them on kalonclothing.com. These third parties own the Intellectual Property in these Contributor images and have granted us a license to offer these to our guests with either the KALON personal license or the Creative Commons 0 license. You will find the name of the photographer and the copyright owner of all images on the image page along with information on which license applies.
29.6. How long does our Personal License last? You can continue to use images you have downloaded indefinitely as long as your use meets our User Terms and this Personal License.
29.7 Commercial License: Small Business Commercial Licenses to our Graphics may or may not be available at https://www.etsy.com/shop/ActivewearApparel
- CONTACT US
You may reach us at: [email protected]
- IMPRESSONS, LLC
1429 E Beamer St. Ste A
Woodland, CA 95776