Terms And Conditions
Please read this agreement before using kawaiies.com site
We are Kawaiies Limited – a company incorporated and registered in England and Wales with company number 12635489. Our main office is at 12 Park Lane, Reading, England, RG31 5DL.
Kawaiies Limited ("Kawaiies," "we," "us", "our") appreciates your interest in Kawaiies's website available at www.kawaiies.com (collectively, with the Materials and Services (each, as defined below), the "Site"). By visiting or using the Site, including without limitation, by (i) accessing, using, and/or downloading Materials, (ii) sending messages, information, data, text, software or images, or other Materials to the Site, or (iii) otherwise using, accessing or purchasing any Services, you ("you" or "your") agree on your own behalf, and on behalf of any person or entity on whose behalf you may act, to accept and abide by all of the terms and conditions set forth in this Terms of Service Agreement (this "Agreement"). It is important that you carefully read and understand the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please do not use the Site.
Please note that this Agreement contains disclaimers of warranties and limitations of liability that may be applicable to you.
We reserve the right at any time to:
- change the terms and conditions of this Agreement.
- change the Site, including eliminating or discontinuing any Material(s) or Services or other feature of the Site.
- change any prices, fees and charges associated with the Site; or
- deny or terminate your use of and/or access to the Site.
Any changes we make will be effective immediately upon our making such change(s) available on the Site or otherwise providing notice thereof. You agree that by entering, re-entering, or continuing to use the Site thereafter you accept such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
Products, Services and Materials Provided in Connection with the Site
Please note that any products and services made available on, by or through the Site (collectively, the "Services"), as well as any materials provided on, by or through the Site or as part of or in connection with the Services or otherwise, including but not limited to data, text, software applications, images, audio and video clips, links and references (collectively, the "Materials"), are provided for personal, non-commercial purposes only. You acknowledge and agree that the Materials and Services are owned by Kawaiies, its business partners, suppliers and/or licensors, as applicable, and are protected by intellectual property laws. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of Kawaiies and/or its licensors and/or suppliers. You should be aware that the Materials and Services may be outdated and may contain errors, omissions, and inaccuracies (including errors, omissions and inaccuracies that result from inaccurate, outdated and/or incomplete information provided by you).
Limited Permitted Use of Materials and Services
2.1 The downloading, printing and other use of the Materials, and the provision of Services to you, is conditioned on your acceptance of any license agreement and/or other additional terms and conditions that are presented or provided in connection with any such Material(s) or Services, including agreements of third parties. By acquiring or using such Material(s) or Services, you agree to such terms and conditions. You may print or download a reasonable number of copies of any graphic or textual Materials owned by Kawaiies available for downloading on the Site. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of Kawaiies or, if so indicated in writing by Kawaiies, its licensors or suppliers. You understand and agree that you may not authorize, encourage or allow any Material(s) used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. You agree to advise Kawaiies promptly of any such unauthorized use(s). You acknowledge and agree that Kawaiies reserves the right to, and may, retain or delete the information, music, photos, video and other materials that you submit, at any time, in its sole discretion.
2.2 Kawaiies's Image Download Policy (the "Policy") sets forth the conditions under which Kawaiies fans may download the buddy messenger icons, desktop backgrounds, and message graphics being offered on Kawaiies.com for download. By downloading images from the Site, you acknowledge and agree to the following terms and conditions:
- Kawaiies characters are registered trademarks of Kawaiies. and the images are copyrighted by Kawaiies.
- The desktop backgrounds, messenger icons, buddy icons and message graphics available for download (collectively "Downloads") are provided under license from Kawaiies for your personal, non-commercial use only. Specifically, you may:
- Download one copy of any of the Downloads to a computer, cellular phone or personal digital assistant (PDA) for your personal, non-commercial use
- Transmit the Downloads via e-mail, texting, instant messaging, or other similar electronic communications.
- You may not modify the images, text, software, or any other aspect of the Downloads in any way.
- You may not delete, and must keep intact, all trademark and copyright notices associated with the Downloads.
- The Downloads are for use solely by the intended immediate user and may not be sold, re-sold, leased, licensed, sub-licensed, or otherwise transferred to any third party, either in their present form or in any modified form.
Creating an Account
3.2 As part of the process of creating an account, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar, disrespectful, or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to transfer or resell your use of or access to the Site to any third party. You should never disclose your password to anyone else. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by emailing us at firstname.lastname@example.org. You are entirely responsible for maintaining the confidentiality of your password and for all activities that are conducted through your account.
Submissions and Postings
4.1 Kawaiies cannot accept or consider creative ideas, suggestions, or materials, such as original artwork or ideas for characters, stories, products or games (collectively, "Submissions") other than those we specifically request. If, despite our request that you not send such materials, you do send us Submissions, none of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. By submitting, sending, posting, displaying, performing and/or otherwise distributing Submissions to Kawaiies, you hereby grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation and without an obligation to report to the provider of the Submissions, and waive all moral rights (including any rights to attribution) that you may have in such Submissions. You further agree that we and our designees shall exclusively own all documents, works and other materials that incorporate all or part of any Submission(s).
4.2 You acknowledge and agree that other persons, including Kawaiies employees and contractors along with others who have or will make Submissions, may have submitted or may submit in the future Submissions that are similar to the Submissions submitted by you. You acknowledge and agree that you will not receive any compensation because of Kawaiies's use of other similar Submissions. You agree that no confidential or fiduciary relationship is established between you and Kawaiies as a result of your submission of the Submission. Kawaiies has no obligation to use or distribute your Submissions. You also acknowledge and agree that, with respect to any portion of any of your Submissions that are not protectable, submission of the Submissions shall not be deemed to place Kawaiies in any different position than members of the general public.
4.3 You represent and warrant to Kawaiies that (a) the Submissions do not and will not infringe any rights of any third party(ies), and that the Submissions do not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the Submissions have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into this Agreement and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the Submissions.
4.4 We have no obligation to monitor the Site or any Submissions, postings or other materials that you or other third parties transmit or post on the Site. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the materials you transmit or post; to alter or remove any such materials; to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests. The information and opinions posted in materials on the Site are not necessarily those of Saniro.com or its affiliates, and Kawaiies makes no representations or warranties regarding such posted materials. We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Site or others. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.
Third Party Links
Code of Conduct
You agree not to:
6.1. restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
6.2. express or imply that any statements you make are endorsed by us, without our prior written consent;
6.3. post, transmit and/or otherwise make available through or in connection with the Site (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); (e) any content or information related to alcohol or the sale of tobacco products, ammunition, or firearms; or (f) any content or information related to wagering or gambling;
6.4. post, transmit and/or otherwise make available through or in connection with the Site any content or information that would give rise to criminal or civil liability; that encourages conduct that would constitute a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking";
6.5. post, transmit and/or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is potentially harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
6.6. impersonate any person or entity, including without limitation any representative of Kawaiies; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement that you make;
6.7. engage in spamming or flooding;
6.8. upload any Submission that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Service or Site;
6.9. use the Site in any manner that is unlawful, including accessing the Site from any location where such access may be illegal or otherwise prohibited;
6.10. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
6.11. remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
6.12. "frame" or "mirror" any part of the Site without our prior written authorisation;
6.13. link to any page or content on any web site other than the Site;
6.14. use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
6.15. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission; and/or
6.16. harvest or collect information about Site visitors or members without their express consent.
When using the Site, you agree to comply with all applicable laws, rules and regulations.
Before purchasing our products you acknowledge the different sizes and variants available on our product pages.
7.2. You agree to pay all fees and charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. All amounts appearing on the Site are quoted in U.S. dollars.
7.3. Descriptions or images of, or references to, products or services on the Site do not imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to change the prices, fees and charges associated with any product or service, to limit the order quantity on any product or service, to reject, correct, cancel or terminate any order, and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any product or service are subject to change without notice.
7.4. Once you have completed your purchase, you will receive an e-mail confirming your order. Please keep this e-mail as it is your sales receipt and order confirmation for products and/or services ordered and will include your order number. All order fulfilment e-mails will contain a contact e-mail address at Kawaiies.com which you should use to contact Kawaiies if you require additional information about orders, pricing, products, services, accounts or passwords. The address for support is email@example.com.
7.5. Payments must be made using a valid credit card. Credit card payments may be processed on behalf of Kawaiies by a third party credit card processing company.
7.6. Subject to applicable law, shipping, return and exchange of any product or service purchased from the Site will be governed by Kawaiies.com's Shipping and Return policies. We reserve the right, without prior notification, to change our Shipping and Return policies at any time.
7.7. Promotional, discount, and coupon codes entitle you, at the time of ordering, to a saving equivalent to the discount advertised at the time. Promotional and discount codes cannot be used in conjunction with any other coupons or discount codes. Promotional and discount codes have no monetary value and cannot be exchanged for cash.
In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. The sum in cash exceeding this value will be returned to the customer.
Ownership and Restrictions
8.1 The Site is owned and operated by Kawaiies in conjunction with others pursuant to contractual arrangements, and the Site and any intellectual property and other rights relating thereto are and will remain the property of Kawaiies and its licensors and suppliers. The Site is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile or disassemble any part of the Site (or any element thereof) without our prior written permission. The Site may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Kawaiies or, if so, indicated in writing by Kawaiies, its licensors or suppliers. Use of the Site for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
8.2 The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Kawaiies, our licensors and suppliers, and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Kawaiies, our licensors or suppliers, or the third party owner of any such Trademark and use of the Trademarks is expressly prohibited.
Rules for Sweepstakes, Contests and Games
This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Site, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Kawaiies rights of ownership shall survive any termination.
11.1 to the fullest extent permissible under applicable law: (a) the site is provided "as is" and without warranties of any kind, either express or implied; and (b) Kawaiies and its affiliates, agents, service providers, employees, officers, directors, consultants, representatives, licensors, suppliers, advertisers, sponsors, successors and assigns (collectively, "Kawaiies’s representatives") disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, completeness, merchantability, quality, and fitness for a particular purpose, any warranties that may arise from course of dealing, course of performance or usage of trade, and any warranties that the site is current and/or up-to-date. Kawaiies and Kawaiies’s representatives do not warrant that the site or any element thereof, nor your use of the foregoing, will be complete, accurate, current, reliable, uninterrupted, error-free or secure, nor that defects will be corrected, nor that the site or the server(s) on which the site is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement of kawaiies or any of Kawaiies’s representatives, whether made on or in connection with the site shall create any warranty.
11.2 Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the Site notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.
11.3 Kawaiies and Kawaiies’s representatives are under no obligation to verify the identity of users of the site. Kawaiies and Kawaiies’s representatives do not control the materials posted or submitted to the site by persons other than themselves and do not monitor, screen, police or edit those materials for compliance with applicable laws or these terms and conditions. You may find some of the materials posted by other users to be offensive, harmful, inaccurate or deceptive. You should use caution and common sense when using this web site.
11.4 through your use of the site, you may have the opportunity to engage in commercial transactions with third parties. All such transactions are at your own risk. Kawaiies's representatives are not parties to any such transactions and disclaim any and all liability regarding all such transactions.
11.5 A possibility exists that unauthorized alterations could be made by third parties to the Site. In the event that a situation arises in which the completeness or correctness of the Site is in question, please contact us at support@Kawaiies.com with, if possible, a description and location of the material to be checked, as well as information sufficient to enable us to contact you.
11.6 YOU MAY ALSO HAVE OTHER RIGHTS UNDER APPLICABLE LAW WHICH VARY FROM STATE TO STATE
Limitation of Liability
Notwithstanding the failure of essential purpose of any limited remedy of any kind, neither Kawaiies nor any of Kawaiies’s representatives, nor their directors, officers, employees, consultants or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages or liabilities under any contract, negligence, strict liability or other theory arising out of or relating in any manner to the site and/or any linked site, whether or not we have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to this site or any linked site is to stop using the site or linked site, as applicable. Kawaiies's sole and exclusive maximum liability to you for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise arising out of or relating in any manner to the site shall be the total amount paid by you for use of the site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to fully indemnify, defend and hold Kawaiies, any of Kawaiies's representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the Site.
Ability to Contract
You affirm that you (a) are at least the age of majority (which is 18 years of age in most states in the United States), are an emancipated minor, or possess legal parental or guardian consent, and (b) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Please do not access or use the Site if you (x) are under the age of majority, are not an emancipated minor, or do not possess legal parental or guardian consent, and (y) are not fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
12 Park Lane,
Company no: 12635489