These Terms of Service apply to all users, including both users who are simply viewing the Website and users who are purchasing goods through the Website. Note that you are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of your username and password. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password so please notify Kyu Melange immediately of any unauthorized use of your account or any other breach of security. You acknowledge that KYU BY KESI may terminate your account, remove any data or content that you have provided and/or disable your access to the Website, in whole or part, at any time for any reason or no reason, with or without notice and with no liability of any kind. In addition, KYU BY KESI may modify or remove any service or functionality included in the Website at any time, with or without notice and with no liability of any kind. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KYU BY KESI without restriction. Subscription to the Web Site is only available only to individuals who are at least 18 years old; as demonstrated based on the information that is provided. If you are not 18 years old, you are not authorized to subscribe to the Website. Submitting false information or misrepresentation of facts is fraudulent and can be prosecutable in the court of law. KYU BY KESI may, at its sole discretion, modify these Terms of Service at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of September 1, 2016.
Transactions on Website KYU BY KESI reserves the right to refuse any order placed on the Website, and may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event KYU BY KESI makes a change to or cancels an order, it will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. KYU BY KESI reserves the right to limit or prohibit or to refuse to service a customer for any reason. Product Information The prices displayed on the Website are quoted in U.S. Dollars. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. KYU BY KESI reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). KYU BY KESI has made every effort to display as accurately as possible the colors of the products that appear on the Website. However, KYU BY KESI cannot guarantee that your computer monitor's display of any color will be accurate.
Links to Other Web Sites and Services
The Website may contain links to other Web sites that are not under the control of KYU BY KESI. KYU BY KESI has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Websites’ users. User Submissions Content submitted by users of the Web Site for public view is referred to in these Terms of Service as “User Submissions.” You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize KYU BY KESI to use the User Submissions in the manner contemplated by the Web Site and these Terms of Service. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant KYU BY KESI an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, edit, modify, prepare derivative works of, display, and perform the User Submissions (and any edited or modified versions or derivative works) in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Web Site and under these Terms of Service.
KYU BY KESI does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. KYU BY KESI reserves the right to remove any User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User's access to its Website for any reason. Other Third Party Material Kyu By Kesi will not be liable for any content posted by third parties or at the direction of users; you must evaluate the accuracy and usefulness of this content. Kyu By Kesi does not pre-screen content, but Kyu By Kesi and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Service, including the right to remove any content that violates the Terms or is deemed by Kyu By Kesi to be objectionable Intellectual Property Rights KYU BY KESI is a provider of an interactive computer service for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein. Further, KYU BY KEIS is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act. If you are a copyright owner and believe that any content on Web Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide KYU MELANGE notice of an infringement, you must provide a written communication Kesi@KyuByKesi.com that sets forth the information specified by the DMCA (see copyright.gov/title17/92chap5.html#512 ). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The “Kyu Melange”, “Kyu by Kesi Gibson”, "Kyu By Kesi" “On The Kyu”, “ Style on Kyu”, “The Melting Pot Movement” names and logos are trademarks and service marks of Ko Couture International LLC (collectively the “Ko Couture Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Ko Couture. You may not use any of Ko Couture Trademarks without our prior written permission.
Warranty Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEB SITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, KYU MELANGE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS PURCHASED THEREBY. KYU MELANGE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS PURCHASED THEREBY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEB SITE OR PRODUCTS PURCHASED THEREBY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF KYU BY KESI’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY. IN NO EVENT SHALL KYU BY KESI BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED MORE THAN THREE (3) YEARS AFTER THE CAUSE OF ACTION AROSE. Length of tenure could be reduced to 1 year, so long as it doesn’t impede the law governing New York. Most communications between KYU BY KESI and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and KYU BY KESI shall satisfy any legal requirements that such communications be in writing RELEASE By using this Service you agree to release, discharge and hold harmless Kyu By Kesi and its subsidiaries and affiliates (“Ko Couture International LLC”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify and hold Kyu By Kesi and the members of Ko Couture International LLC harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Service, or publicly distributed on the web, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.
Ko Couture International LLC DBA: KYU MELANGE , KYU BY KESI, KYU BY KESI GIBSON
EMAIl: ORDERS@KYUBYKESI.COM | PHONE: +1646-820-4870