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Terms of Use

This Terms of Use outlines the terms and conditions of www.kinkybd.com (“Website”). By using the Website, Website visitors, registered users, and purchasers of Company products (these groups are collectively and interchangeably referred to in this Terms of Use as “visitor,” “user,” “you,” “your,” “them,” or “they”) agree to be comply with and be bound by the following terms and conditions of use. 

 

This Terms of Use, together with our Privacy Policy, govern the relationship between you and the provider of the Website, KinkyBD, LLC (“Company,” “us,” or “we”). By accessing and using our Website, you agree to be bound by the terms found in our Privacy Policy. The use of the Website is subject to the following terms of use:

 

Section 1: User's Acknowledgment and Acceptance of Terms

 

The content of the pages of the Website is for your general information and use only. It is subject to change without notice. Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Website meet your specific requirements.

 

BY ACCESSING AND USING OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

 

Section 2: Intellectual Property Information

 

Copyright © 2022 KinkyBD, LLC. All Rights Reserved.

 

The trademarks, logos, and service marks ("Marks") displayed on the Website are the property of the Company and other parties. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or Websites on the internet without the written permission of the Company or such third party which may own the Marks. All information and content located on the Website is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available on or through the Website for commercial or public purposes. Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offense.

 

This Website provides links to other Websites by allowing you to leave this Website to access third-party material or by bringing third-party material into this Website via “inverse” hyperlinks and framing technology (a “Linked Website”). The Company has no discretion to alter, update, or control the content on a Linked Website. The fact that the Company has provided a link to a Website is not an endorsement, authorization, sponsorship, or affiliation with respect to such Website, its owners, or its providers. There are inherent risks in relying upon, using, or retrieving any information found on the internet, and the Company urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Website.

 

All content, products, and services on the Website, or obtained from a Website to which the Website is linked, are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy.

 

The Company does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice, or statement made through the Website by any party other than the Company, (b) any content provided on Linked Websites, or (c) the capabilities or reliability of any product or service obtained from a Linked Website. Other than as required under applicable consumer protection law, under no circumstances will the Company be liable for any loss or damage caused by your reliance on information obtained through the Website or a Linked Website, or your reliance on any product or service obtained from a Linked Website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the Website or obtained from a Linked Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

 

The information, products and descriptions of services published on the Website or a Linked Website may include inaccuracies or typographical errors, and the Company specifically disclaims any liability for such inaccuracies or errors. The Company does not warrant or represent that the content on the Website is complete or up-to-date. The Company is under no obligation to update the content on the Website. The Company may change the content on the Website at any time without notice. The Company may make improvements or changes to the Website at any time.

 

Section 3: Access to Website 

 

You agree that the Company, its affiliates, and any of its respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability, or otherwise, for any indirect, punitive, special, consequential, incidental, or indirect damages (including, without limitation, lost profits, cost of procuring substitute service, or lost opportunity) arising out of or in connection with the delay or inability to use the Website or a Linked Website, or with the delay or inability to use the Website or a linked Website, even if the Company is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, or any force majeure. The Company cannot and does not guarantee continuous, uninterrupted, or secure access to the Website.

 

Section 4: Disclaimer of Warranties

 

ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

 

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

 

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Section 5: Limitation of Liability

 

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this Website shall be limited to the amount you paid us for the products on the Website during the three (3) month period before the act giving rise to the liability.

 

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Section 6: Indemnification

 

Upon a request by us, you agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

Section 7: Participation in Promotions

 

From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

 

Section 8: Use of Website 

 

You acknowledge that we may establish general practices and limits concerning use of the products and services available on our Website, including, without limitation, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the products and services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Website. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

 

Section 9: Termination of Use

 

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

 

Upon termination or suspension, regardless of the reasons therefore, your right to use the products and services available on this Website immediately ceases. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 2, 5, 8, and 10-15 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

 

Section 10: Governing Law

 

This Website (excluding any Linked Websites) is controlled by us from our offices within the State of New York, United States of America. It can be accessed from all fifty (50) states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this Website both of us agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of products and services available through this Website. 

 

Section 11: International Use

 

Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.

 

Section 12: Notices

 

All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Customer Service at customerservice@kinkybd.com. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you.

 

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two (2) business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five (5) business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed email.

 

Section 13: Entire Agreement

 

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

Section 14: Miscellaneous

 

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our affiliates must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

 

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so shall be null and void. We may assign our rights and obligations under these Terms of Use.

 

You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this Website, or use of or access to this Website.

 

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

Section 15: Contact Information

 

Except as explicitly noted on this Website, the services available through this Website are offered by KinkyBD, LLC. If you have any questions or concerns, or if you notice that any user is violating these Terms of Use, please contact us at customerservice@kinkybd.com.