- 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.
- 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.
- Your Obligations and Responsibilities
- 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.
- 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.
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.
- 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).
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.
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.
- 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.
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.
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.
- 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.
- 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.
- Sharing Information
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.
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.
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.
- 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.
- 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.
- Your Acceptance of this Policy