Conditions of Use
Welcome to Kukubysamia.com. KuKu By Samia LLC and/or its affiliates (“KuKu”) provide website features and other products and services to you when you visit or shop at Kukubysamia.com, use KuKu products or services, use KuKu applications for mobile, or use software provided by KuKu in connection with any of the foregoing (collectively, “KuKu Services”). KuKu provides the KuKu Services subject to the following conditions.
By using KuKu Services, you agree to these conditions. Please read them carefully.
We offer a wide range of KuKu Services, and sometimes additional terms may apply. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of KuKu Services, to understand our practices.
When you use any KuKu Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other KuKu Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any KuKu Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of KuKu or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any KuKu Service is the exclusive property of KuKu and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any KuKu Service are trademarks or trade dress of KuKu in the U.S. and other countries. KuKu’s trademarks and trade dress may not be used in connection with any product or service that is not KuKu’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KuKu. All other trademarks not owned by KuKu that appear in any KuKu Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KuKu.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, KuKu or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the KuKu Services. This license does not include any resale or commercial use of any KuKu Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any KuKu Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by KuKu or its licensors, suppliers, publishers, rightsholders, or other content providers. No KuKu Service, nor any part of any KuKu Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KuKu. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KuKu without express written consent. You may not use any meta tags or any other “hidden text” utilizing KuKu’s name or trademarks without the express written consent of KuKu. You may not misuse the KuKu Services. You may use the KuKu Services only as permitted by law. The licenses granted by KuKu terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any KuKu Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. KuKu does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the KuKu Services only with involvement of a parent or guardian. KuKu reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
KuKu respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us and we will address your concerns as quickly as reasonably possible.
RISK OF LOSS
All items purchased from KuKu are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
KuKu attempts to be as accurate as possible. However, KuKu does not warrant that product descriptions or other content of any KuKu Service is accurate, complete, reliable, current, or error-free. If a product offered by KuKu itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by KuKu, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by KuKu is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE KUKU SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KuKu SERVICES ARE PROVIDED BY KUKU ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KUKU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KUKU SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KuKu SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KuKu SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KUKU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KUKU DOES NOT WARRANT THAT THE KUKU SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KUKU SERVICES, KUKUâS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM KuKu ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KUKU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY KUKU SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY KUKU SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Last updated: October 25, 2013