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Term of Use / Privacy Policy

TERMS OF USE

Kimi Naturals.com  provides the content and services available on the Site to you subject to the following terms and conditions (“Terms and Conditions”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions which include our Privacy Policy.


  1. Privacy

Please review our Privacy Policy which also governs your visit to the Site.


  1. Intellectual Property

All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of Wabi Sabi Industries Inc., our affiliates, partners or licensors, and is protected by United States and international copyright laws.


The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of Wabi Sabi Industries Inc., our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.


Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.


  1. Limited Licenses

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content (except caching or as necessary to view the Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative work based upon either the Site or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other “hidden text” utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.


We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.


Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.


  1. Your Obligations and Responsibilities

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Wabi Sabi Industries Inc., our affiliates, partners or licensors.


  1. Your Account

You may choose to register at our Site. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password.


We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions.


  1. Third Party Links

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us. We are not responsible for examining or evaluating the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.


  1. Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.


If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.


  1. Representations and Warranties; Limitation of Liability

THE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.


YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.


FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).


  1. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.


  1. Disputes

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


  1. Affiliation with Wabi Sabi Industries Inc.

Kimi Naturals.com  is proudly created by Wabi Sabi Industries Inc., which markets and distributes products. Kimi Naturals.com does not claim to be independent or an authority on the information presented at or through this Web site.


  1. General

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.


We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and any changes are effective immediately.


Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.


Privacy Policy


PRIVACY POLICY

Kimi Naturals.com has created this privacy statement in order to demonstrate our firm commitment to our visitors` and participants` privacy. The following discloses our information gathering and dissemination practices for our web site.


  1. Collection of Information

Information is collected from our users at several different points during their visit to our site.


At various other points during your visit to our site, you may be asked to provide information about yourself. Participation in, or the use of, other services that require the input of additional information is completely voluntary on your part, and you have the choice about whether to disclose the information necessary to use these features of our site.


In addition to the information that you actively provide to us, we collect information about how you interact with our site. We collect passive information in order to improve your experience at the site and to compile broad aggregate demographic data and related usage information for internal purposes and for disclosure to third parties, such as advertisers and content partners. The types of passive information collected by this site may include IP addresses, the type of browser being used, pages visited, and how long a user stays on our site.


  1. Use of Information

We may use your information in order to customize our site and enhance your overall experience at our site. We try to recognize you using various methods. Once we recognize you, pages, advertisements and other content are customized for you so that you can see what interests you most. In addition, as described above, we utilize passive information to learn more about how you interact with our site. This passive information may be combined with your other information for purposes such as testing and improving your experience at our site and the compilation of broad aggregate demographic data and related usage information for internal purposes and for disclosure to third parties, such as advertisers and content partners. This aggregate passive information does not contain any personal information that can identify an individual user.


We may use your contact information periodically in order to send you e-mails regarding updates to our site and our services. The frequency of these messages will vary depending upon your profile. In addition, we may send you free informational newsletters or notices relating to topics that may be of special interest to you. Finally, if you specifically provide us with permission at the time of registration, you may also receive commercial e-mails. Out of respect for the privacy of our users, we allow you to opt-out of receiving newsletters and/or commercial e-mails whenever such messages are sent by us, as described below. E-mail messages from third parties are not governed by the opt-out provisions of this Privacy Policy, but all such third parties are strongly encouraged to include opt-out procedures in their messages to you.


  1. Sharing Information

We will not knowingly sell, share, rent or otherwise transfer your information other than in accordance with the terms set forth in this Privacy Policy.


We may ask you whether information about you may be sent to third parties who have products, services and opportunities which may be useful to you. We understand how important your information is to you. Therefore, we do not share any information that can be tied to you without your permission. If you give your permission to allow third parties to contact you, personal information about you (such as your contact information and other information collected during your visit to our site) may be shared with data aggregators, marketers (possibly in the form of list rental), and other organizations. Regardless of your decision regarding the sharing of your personal information, we may share broad aggregate demographic data and related usage information with our business partners. This aggregate information does not contain any personal information that can identify an individual user.


From time to time, we may decide that it is more efficient to use third parties to perform specific services, such as sending newsletters to our users. If we use a third party to provide specific services, then information (such as contact information) may be shared with that party to the extent necessary for the third party to provide these services. These third party service providers are only allowed to use personally identifiable information for the purpose of providing the specific services requested by us. The third party services covered by this paragraph do not include links to third party sites found on our site.


While we strive to protect the personal information of its users, we will release personal information if required by law or in the good-faith belief that such action is necessary or appropriate.


  1. Cookies

We use a browser feature known as a cookie, which is placed on your computer to make our site more responsive to your needs, by delivering a better and more personalized experience to you. The cookies are stored on your computer`s hard drive and are used by us to help track your clicks and pass information as you go through the pages within our Web site. Cookies can allow us to associate navigational information from browsing visits with personal information you provide at our site.


In addition, we carefully select third party advertising companies and allow them to collect non-personally identifiable information by placing cookies when you choose to visit them and when you visit our site. These selected companies may use information (but not including your name, address, credit card information, e-mail address, or telephone number) about your choice to visit and your visits to our site and other Web sites to provide advertisements about our products and services on this and other web sites. If you would like more information about this practice and to know your choices about no longer having information from these third party cookies used by these companies or provided to.


  1. Security

We have implemented suitable security policies, rules and technical measures to protect and safeguard the personal data under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. All our employees and data processors that have access to, and are associated with the processing of your personal information, are obliged to respect the confidentiality of your information.


  1. Links to Other Sites

Our site may contain links to other sites. Other sites may also reference or link to our site. We are not responsible for the privacy practices or the content of such other sites.


  1. General Provisions

We provide information on cosmetics and beauty related matters. Some of this information is created by us, and some of it is created by third parties. While our site strives to provide accurate expert advice, commentary and other information, we do not make any warranty regarding the accuracy, reliability, correctness or use of any information provided on this site.


In the event that we may sell, assign or transfer some or all of its business to a successor or acquirer, we may sell, assign or transfer all of your information, regardless of your opt status, to such successor or acquirer.


  1. Your Acceptance of this Policy

By visiting this site or receiving services, you signify your assent to our then-current Privacy Policy. If you do not agree to this policy, please do not use our site or Services. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Your continued use of our site following the posting of changes to these terms means you accept these changes.