Terms and Conditions Rev. 10/2018
KISS Products, Inc. and its affiliates and subsidiaries (collectively “KISS”) welcome you to the website accessible at www.kissusa.com and KISS’s various brand websites, including any mobile versions thereof or related mobile applications (collectively, the “KISS Sites”).
Certain features or services offered on the KISS Sites may be subject to separate guidelines, terms and conditions which may be posted by KISS from time to time (“Additional Terms”). All Additional Terms are hereby incorporated by reference into these Terms. In most cases the Additional Terms are specific to a particular feature of a KISS Site or a service or offering provided on a KISS Site, but to the extent of any inconsistency between these Terms and any Additional Terms, these Terms will prevail.
License & Site Access
All content on the KISS Sites (including but not limited to, text, design, graphics, logos, button icons, images, sounds, audio clips, digital downloads, data compilations and software, as well as the selection and arrangement thereof) (collectively, “KISS Content”), is the exclusive property of KISS, its licensors or its content suppliers and is protected by United States and/or foreign copyright, trademark and other applicable laws.
KISS grants you a limited, revocable and non-exclusive license to access and make personal and non-commercial use of the KISS Sites. KISS strictly prohibits all other uses of the KISS Sites and KISS Content, including but not limited to downloading, copying, modifying or other use of the KISS Sites or KISS Content for any purposes competitive to KISS or to benefit another vendor or third party;
- framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form);
- any collection and use of any product listings, descriptions, or prices;
- any use of any meta tags or any other “hidden text” utilizing KISS’s name or trademarks;
- any use of data mining, robots, or similar data gathering and extraction tools;
- any caching or linking to a KISS Site, including in a manner that portrays KISS or its products or services in a false, misleading, derogatory, offensive or any other manner which KISS in its sole discretion, may find to be objectionable;
- any uploading, posting or transmitting of material with software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer.
You are responsible for obtaining access to the KISS Sites, and any third-party fees. You must provide and are responsible for all equipment needed to access the KISS Sites. You may not bypass any measures that have been implemented to prevent or restrict access to the KISS Sites. Any unauthorized access to the KISS Sites by you shall terminate the permission or license granted to you by KISS.
KISS may terminate the foregoing licenses at any time for any reason or no reason, with or without notice, including for any unauthorized use. Except for the rights and licenses expressly granted, KISS reserves all other rights and no other rights are granted by implication or otherwise.
Content You Submit:
Visitors may post reviews, comments, and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions, or other information or materials (collectively, “User Content”) on or through the KISS Sites, provided that the User Content:
- is not confidential and proprietary; does not violate or infringe any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any third party and is not illegal, obscene, threatening, defamatory, objectionable, or otherwise injurious to any third party;
- does not contain software viruses or malware;
- does not consist of political campaigning, chain letters, mass mailings, or any form of “Spam”.
- does not contain ads or solicitations of any kind, or other commercial content;
- is not designed to impersonate any person or entity and does not use a false e-mail address, impersonate any person or entity, or otherwise misleading as to the source;
- does not contain messages by non-spokesperson employees of KISS or any of its brands purporting to speak on behalf of KISS or containing confidential information or expressing opinions concerning KISS and its brands;
- does not offer unauthorized downloads of any copyrighted, confidential or private information; and
- does not contain personal information (such as messages that include phone numbers, government identifiers, payment card information, account numbers, addresses or employer references), unless KISS expressly asks you to provide such information.
If you do post any User Content, you grant KISS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, broadcast, and display such User Content throughout the world in any media. You grant KISS and its sublicensees the right to use throughout the world the name that you submit in connection with your User Content, if we or they so choose. You represent and warrant: that you own or otherwise control all of the rights to your User Content that you post; that use of your User Content does not violate these Terms nor infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy; that your User Content does not violate any applicable laws or regulations and will not cause injury to any person or entity; and that you will indemnify KISS, including licensors against all claims, including any attorneys’ fees relating to that defense thereof, resulting from your User Content. To the full extent permissible by law, KISS assumes no responsibility and assumes no liability for any User Content posted by you or any third party on or through a KISS Site.
Accuracy & Availability of Products:
KISS attempts to be accurate at all times when describing our products on a KISS Site. However, KISS does not warrant that descriptions and any other content or information accessible on the KISS Sites are accurate, complete, reliable, current or error-free. Reference to any product or service on a KISS Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available directly by KISS to customers, available in all countries, or that the name, description or specification of the product or service will be the same as that included on the KISS Site. Specific advice concerning the availability and suitability of any particular product or service should be sought from the local KISS affiliate or distributor concerned.
KISS does not warrant that the KISS Sites will be error-free and that our services will not be interrupted or affected by any problems or bugs. KISS does not assume any responsibility or liability for such problems or bugs.
Disclaimers and Limitation of Liability
The KISS sites are provided by KISS on an ‘as is’ and ‘as available’ basis. KISS makes no representations or warranties of any kind, express or implied, as to the operation of the KISS sites or the information, content, products or services included on the KISS sites. You expressly agree that your use of the KISS sites is at your sole risk. To the full extent permissible by applicable law, KISS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. KISS does not warrant that the KISS sites, their servers, or e-mails sent from KISS or on KISS’s behalf by its service providers are free of viruses or other harmful components. KISS will not be liable for any damages of any kind arising from the use of the KISS sites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain laws 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 might have additional rights.
You will indemnify and hold harmless KISS Products, Inc. its subsidiaries and affiliates and their directors, employees, representatives, agents, licensors, and service providers (the “KISS Parties”) from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorney’ and expert fees), incurred by the KISS Parties, and shall defend the KISS Parties against any and all claims arising out of:
(1) your breach of these Terms;
(2) fraud you commit, or your intentional misconduct or gross negligence; or
(3) your violation of any applicable U.S. of foreign law or the rights of a third party.
The applicable KISS Party will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of such KISS Party.
The trademarks, trade names, service names, logos, marks of indicia or other proprietary graphics displayed on the KISS Sites (collectively, “Marks”) are the property of KISS or its licensors, content providers or other parties under applicable trademark laws of the United States and other countries. All other trademarks not owned by KISS or its subsidiaries that appear on the KISS Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KISS or its subsidiaries. You are prohibited from using or displaying any of Marks appearing on any KISS Site in any manner including, but not limited to use as meta tags on other pages or sites without the written permission of KISS or such third party which may own the applicable Mark. It is KISS’s policy to respond to claims of copyright infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), notifications of claimed copyright infringement by third parties should be sent to KISS’s Copyright Agent, c/o KISS customer service. If you believe that your copyrighted work is being used on a KISS Site in a way that constitutes copyright infringement, please notify our Copyright Agent in writing with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to KISS’s Agent that includes the following:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work or other intellectual property that you claim has 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 a description of where the material that you claim is infringing is located on the applicable KISS Site; (d) your address, telephone number, and, if available, email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in a DMCA infringement notice.
You acknowledge that any purchased goods licensed or sold on the KISS Sites may be subject to the customs and export control laws and regulations of the United States and the customs and export laws and regulations of the country in which the products are otherwise sold, manufactured and/or received, as applicable. By purchasing, downloading or using technology or software from the KISS Sites, you agree to abide by the applicable laws, rules and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
If you have any questions or comments regarding these Terms, email help@KISSUSA.com. or send a letter to: KISS Products, Inc., 25 Harbor Park Drive, Port Washington, NY 11050.