Terms Of Use

August 5 2014

These terms and conditions (“terms and conditions” or “Terms”) govern and apply to anyone accessing or using the website located at www.thekewlshop.com, our mobile application(s), our blog(s), and any other website(s) owned and/or operated by The Kewl Shop (a non-registered privately owned business) (including any of its subsidiaries or corporate affiliates, collectively, "The Kewl Shop" "we," "us" or "our") and any of their associated web pages (collectively, this or the “website”).

By accessing or using the website, including purchasing any products through the website, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these terms and conditions; (2) that you have the right, authority, and capacity to abide by these terms and conditions; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the website; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction.

If you do not want to be bound by these Terms, do not use or access any part of the website.

License to use website

Unless otherwise stated, The Kewl Shop and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website (except for content specifically and expressly made available for redistribution).

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without The Kewl Shop’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without The Kewl Shop’s express written consent.

Restricted access 

For any portion of the website that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

You can link your account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the website. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.

The Kewl Shop may disable your user ID and password in The Kewl Shop’s sole discretion without notice or explanation.

User content 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website or related social media including but not limited to Instagram, Facebook, Twitter, Pinterest and Google+, for whatever purpose.

You grant to The Kewl Shop a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to The Kewl Shop the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or The Kewl Shop or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Kewl Shop reserves the right to edit or remove any material submitted to this website, or stored on The Kewl Shop’s servers, or hosted or published upon this website.

Notwithstanding The Kewl Shop’s rights under these terms and conditions in relation to user content, The Kewl Shop does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties 

This website is provided “as is” without any representations or warranties, express or implied.  The Kewl Shop makes no representations or warranties in relation to this website or the information and materials provided on this website.  

Without prejudice to the generality of the foregoing paragraph, The Kewl Shop does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.
• Nothing on this website constitutes, or is meant to constitute, advice of any kind. 

Limitations of liability

The Kewl Shop will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: 

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. 

These limitations of liability apply even if The Kewl Shop has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Kewl Shop’s liability in respect of any:

• death or personal injury caused by The Kewl Shop’s negligence;
• fraud or fraudulent misrepresentation on the part of The Kewl Shop; or
• matter which it would be illegal or unlawful for The Kewl Shop to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, The Kewl Shop has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against The Kewl Shop’s officers or employees in respect of any losses you suffer in connection with the website. 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Kewl Shop’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Kewl Shop.

Unenforceable provisions 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify The Kewl Shop and undertake to keep The Kewl Shop indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Kewl Shop to a third party in settlement of a claim or dispute on the advice of The Kewl Shop’s legal advisers) incurred or suffered by The Kewl Shop arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to The Kewl Shop’s other rights under these terms and conditions, if you breach these terms and conditions in any way, The Kewl Shop may take such action as The Kewl Shop deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Assignment

The Kewl Shop may transfer, sub-contract or otherwise deal with The Kewl Shop’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement 

These terms and conditions together with applicable policies on the website, including but not limited to Returns, Free Shipping, Security & Privacy and other applicable pages on the website, including but not limited to detail on product pages constitute the entire agreement between you and The Kewl Shop in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

The Kewl Shop reserves the right to update, change, modify or otherwise alter this entire agreement at any time. ANY ACCESS OR USE OF THE WEBSITE BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS.

Law and jurisdiction 

These terms and conditions will be governed by and construed in accordance with applicable governing law.

Copyright

© The Kewl Shop, all rights reserved.

All materials on the website (as well as the organization and layout of the website) are owned and copyrighted or licensed by The Kewl Shop, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the website is permitted without the written permission of The Kewl Shop. Any rights not expressly granted herein are reserved by The Kewl Shop.

Copyright Policy

The Kewl Shop’s policy is to remove, or disable access to, material that infringes any copyright on the website after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any Content on the website violates your copyright, please provide The Kewl Shop with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• an identification of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on or through our website;
• your address, telephone number, and e-mail address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
• 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.

Trademarks

The Kewl Shop and all related names, logos, product and service names, designs and slogans are trademarks of The Kewl Shop or its affiliates or licensors. Such marks cannot be used without the prior written permission of The Kewl Shop. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

For more information on the trademarks of The Kewl Shop, please contact us.

This document was created using a Contractology template available at http://www.freenetlaw.com.