Terms of Use
These terms and conditions govern your use of this web site
(the "Web Site") operated by KAKOON.COM. Using,
viewing, or navigating this Web Site means you consent and
agree to these terms and conditions. IF YOU DO NOT AGREE TO
THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT
USE, VIEW, OR NAVIGATE THIS WEB SITE.
KAKOON.COM may at any time make modifications,
improvements and/or changes to these TERMS AND CONDITIONS,
the information, names, images, pictures, logos and icons
described in this publication or the products and services
referred to within, with or without notice. Your continued
use of this Web Site following the posting of any changes
to these TERMS AND CONDITIONS will mean you accept such changes.
Trademarks
KAKOON.COM makes no claim of ownership
to the trademarks of any manufacturer or merchant (collectively,
the "Vendor") whose products are listed on this
Web Site, or for any publisher or publication mentioned
on this Web Site, including any goodwill that arises from
the use of those trademarks.
Accuracy of Information
Product specifications and other information
have either been provided by the Vendors or collected from
publicly available sources. While KAKOON.COM makes every
effort to ensure that the information on this Web Site is
accurate, we can make no representations or warranties as
to the accuracy or reliability of any information provided
on this Web Site. KAKOON.COM makes no warranties or representations
whatsoever with regard to any product provided or offered
by any Vendor, and you acknowledge that anyreliance on representations
and warranties provided by any Vendor shall be at your own
risk.
This Web Site may include publications
with technical inaccuracies or typographical errors that
will be corrected as they are discovered, at the sole discretion
of KAKOON.COM. Also, changes are periodically added to the
information contained herein. These corrections and changes
may be incorporated into this Web Site at a later date.
Orders, Returns & Exchanges
All merchandise is ordered, shipped and
charged directly from the Vendors. The Vendor will answer
all questions regarding your purchase. Customer service
contact information will be provided in your order confirmation.
Merchandise is not shipped on approval, so please be sure
to carefully check the size, color, features and application
of the merchandise you have selected before you place your
order. Please be sure your shipping information is accurate
before ordering, since shipping address changes will not
be allowed after order placement.
International Access
KAKOON.COM provides its services internationally,
and, therefore, this Web Site may contain references or
cross references to KAKOON.COM products and services that
are not (readily) available in your country. Such reference
does not imply that KAKOON.COM intends to market such products
or services in your country.
No Third Party Endorsement
Mention of third-party products or services,
including the use of trademarks or links to the web sites
of Vendors, is for informational purposes only and constitutes
neither an endorsement nor a recommendation of those Vendors.
In addition, such use of trademarks or links to the web
sites of Vendors is not intended to imply, directly or indirectly,
that those Vendors endorse or have any affiliation with
KAKOON.COM. You acknowledge that the word "best"
is a subjective term, and is open to many different interpretations
and meanings, and that this Web Site's use of this term
is for promotional purposes only and nothing more. You further
acknowledge that KAKOON.COM may receive referral fees or
other consideration in exchange for promoting a Vendor's
products, services, or web site.
Links to External Sites
KAKOON.COM contains links to other web
sites, resources and advertisers that are owned and operated
by Vendors or other third parties. You acknowledge that
KAKOON.COM is not responsible for the availability of these
external web sites nor does it endorse or is it responsible
for the contents, advertising, products or other materials
made available on or through such web sites. Under no circumstances
shall KAKOON.COM be held responsible or liable, directly
or indirectly, for any loss or damage caused or alleged
to have been caused to a user in connection with such web
sites.
Permitted Use of Content
You are not permitted modify, publish,
transmit, display, participate in the transfer or sale,
create derivative works, or in any way exploit the content
of KAKOON.COM or any portion of it. Except as otherwise
expressly permitted under copyright law, you may not copy,
redistribute, publish, display or commercially exploit any
material from KAKOON.COM without the express permission
of KAKOON.COM and the copyright owner. You acknowledge that
you do not acquire any ownership rights by downloading copyrighted
material.
Your Information
Your information includes any information
you provide to us or other customers during the registration
process, in any public message area (including the chat
or the feedback area) or through any email feature (defined
herein as "Your Information"). With respect to
Your Information:
| 1. |
You
are solely responsible for Your Information, and we act
as a passive conduit for your online distribution and
publication of Your Information. However, we may take
any action with respect to such information we deem necessary
or appropriate in our sole discretion if we believe it
may create liability for us or may cause us to lose (in
whole or in part) the services of our ISPs or other suppliers. |
| 2. |
Solely to
enable KAKOON.COM to use Your Information you supply us
with, so that we are not violating any rights you might
have in that information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicenseable
(through multiple tiers) right to exercise the copyright
and publicity rights (but no other rights) you have in
Your Information, in any media now known or not currently
known, with respect to Your Information. KAKOON.COM will
only use Your Information in accordance with our Privacy
Policy. |
Privacy
Our then-current privacy policies, available
at http://www.KAKOON.COM/privacy.php, are incorporated herein
by reference.
DISCLAIMER OF WARRANTY
You expressly acknowledge and agree
that your use of KAKOON.COM is at your sole risk. KAKOON.COM
AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND
ICONS REGARDING OR RELATING TO PRODUCTS AND SERVICES IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
AND "WITH ALL FAULTS" BASIS WITHOUT ANY REPRESENTATION
OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND, WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. KAKOON.COM DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT KAKOON.COM'S
WEB SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. KAKOON.COM DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE MATERIALS IN KAKOON.COM'S
WEB SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT KAKOON.COM) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCULSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KAKOON.COM, ITS
PARENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS OR THEIR
RESPECTIVE EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DAMAGES
WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER CAUSE OF ACTION OR THEORY OF RECOVERY WHATSOEVER,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF THIS WEB SITE, INCLUDING WITHOUT LIMITATION, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS OF
USE, DATA OR PROFITS OR OTHERWISE, EVEN IF KAKOON.COM HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
General
This Agreement shall be governed in all
respects by the laws of the State of New York as such laws
are applied to agreements entered into and to be performed
entirely within New York between New York residents. We
do not guarantee continuous, uninterrupted or secure access
to our services, and operation of our site may be interfered
with by numerous factors outside of our control. If any
provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions
shall be enforced. Headings are for reference purposes only
and in no way define, limit, construe or describe the scope
or extent of such section. Our failure to act with respect
to a breach by you or others does not waive our right to
act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement
between us with respect to the subject matter hereof and
shall not be modified except in writing, signed by KAKOON.COM.
If you need help, call us during business
hours (U.S. Eastern Standard Time) at (888) 590-8739!
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