Terms & Conditions - Kendall And Kylie

Introduction

Welcome to our website kendallkylieshop.com, owned and operated by Kendall And Kylie® Jeans, Bags, Purse, Watch, Backpack, Clothing (“Kendall and Kylie“, “we“, “us” and “our“). These Terms & Conditions (“Terms”) govern your access to and use of our website, including any content, functionality, products and services offered on or through our website, whether as a guest or a registered user.

Please read these Terms carefully before using our website. By using our website or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy found at [privacy policy url], incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use our website.

Changes To These Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our website thereafter. Your continued use of our website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing Our Website

We reserve the right to withdraw or amend our website, and any service or material we provide on our website, at our sole discretion without notice. We will not be liable if for any reason all or any part of our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website, or our entire website, to users.

You are responsible for both:

Making all arrangements necessary for you to have access to our website.
Ensuring that all persons who access our website through your internet connection are aware of these Terms and comply with them.

To access our website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our website that all the information you provide on our website is correct, current, and complete. You agree that all information you provide to register with our website or otherwise, including but not limited to through the use of any interactive features on our website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

Our website and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by Kendall and Kylie, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use our website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of our website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of our website or any services or materials available through our website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our website in breach of the Terms, your right to use our website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our website or any content on our website is transferred to you, and all rights not expressly granted are reserved by Kendall and Kylie. Any use of our website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

The trademarks, logos and service marks displayed on our website are the property of Kendall and Kylie, other third parties or their respective owners. You are not permitted to use these trademarks, logos and service marks without the prior written consent of Kendall and Kylie, such third party or their respective owners.

User Content

Our website may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos or other material (“User Content“). You are responsible for your User Content that you post on or through our website, including its legality, reliability and appropriateness.

By posting or storing User Content on or through our website, you grant us the right and license to use, modify, publish, publicly display, reproduce and distribute your User Content on and through our website. You retain any and all of your rights to any User Content you submit, post or display on or through our website and you are responsible for protecting those rights.

You represent and warrant that:

You own or control all rights in and to the User Content and have the right to grant the license granted above to us.
All of your User Content does and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Kendall and Kylie, have full responsibility for that content, including its legality, reliability and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of our website.

We have the right to:

Remove or refuse to post any User Content for any or no reason at our sole discretion.
Take any action with respect to any User Content that we deem necessary or appropriate at our sole discretion, including if we believe that such User Content violates the Terms, including these User Content requirements, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our website or the public or could create liability for Kendall and Kylie.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action against you, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our website.
Terminate or suspend your access to all or part of our website for any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our website. YOU WAIVE AND HOLD HARMLESS KENDALL AND KYLIE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KENDALL AND KYLIE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KENDALL AND KYLIE OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not review all material before it is posted on our website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Content and use of our website services. User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance On Information Posted

The information presented on or through our website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our website, or by anyone who may be informed of any of its contents.

Our website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Kendall and Kylie, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes To Our Website

We may update the content on our website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

Information About You And Your Visits To Our Website

All information we collect on our website is subject to our Privacy Policy. By using our website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking To Our Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Our website must not be framed on any other site, nor may you create a link to any part of our website other than the homepage. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Content Standards outlined above.

Links From Our Website

If our website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to from our website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographical Restrictions

Our website is based in the State of California in the United States. We provide our website for use only by persons located in the United States. We make no claims that our website or any of its content is accessible or appropriate outside of the United States. Access to and use of our website may not be legal by certain persons or in certain countries. If you access our website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer Of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KENDALL AND KYLIE NOR ANY PERSON ASSOCIATED WITH KENDALL AND KYLIE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER KENDALL AND KYLIE NOR ANYONE ASSOCIATED WITH KENDALL AND KYLIE REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

KENDALL AND KYLIE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation On Liability

IN NO EVENT WILL KENDALL AND KYLIE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO FROM OUR WEBSITE, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Kendall and Kylie, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our website, including, but not limited to, your User Content, any use of our website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from our website.

Governing Law And Jurisdiction

All matters relating to our website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or our website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Kendall and Kylie’s sole discretion, it may require you to submit any disputes arising from your use of our website or these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver And Severability

No waiver of by Kendall and Kylie of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kendall and Kylie to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms, our Privacy Policy and terms of use for any Kendall and Kylie mobile applications constitute the sole and entire agreement between you and Kendall and Kylie with respect to our website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our website.

Your Comments And Concerns

This website is operated by Kendall and Kylie, 409 N. Pacific Coast Hwy, Suite 522.

All feedback, comments, requests for technical support and other communications relating to our website should be directed to: [email protected].