Terms & Conditions

INTRODUCTION

Welcome to www.Kisuii.com (the "Site"), owned and operated by Swimsuit Commissions Corp. (the “Company”) These Terms of Use (the “TOU”) apply to your view or use of the Site through any location. All users of this site agree that access to and use of this Site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Site. This Site is operated from our offices located at 1441 Broadway, 26th Floor, New York, NY, USA. We make no representation that content on this Site is lawful in other territories or jurisdictions. Use of this Site from territories or jurisdictions where the Site or any of its content is unlawful or illegal, is strictly prohibited. To the fullest extent permissible by applicable law, those who choose to access this Site from other states or countries do so at their own risk and such users are solely responsible for compliance with applicable local laws.

 

COPYRIGHT

This Site’s content, including but not limited to text, imagery, graphics or code is copyrighted as a collective work under United States and other copyright laws, and is the property of KISUII and the Company. The collective work includes works that are licensed to KISUII and the Company, Copyright 2016. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with KISUII/Company or purchasing KISUII products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with KISUII/ Company or to purchase KISUII products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by KISUII and/or the Company. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

 

TRADEMARKS

All trademarks, service marks and trade names of KISUII are trademarks or registered trademarks of Nation Way Development Ltd.

 

WARRANTY & DISCLAIMER

This Site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, the Company and KISUII disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. KISUII and the Company do not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. KISUII and the Company do not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

 

LIMITATION OF LIABILITY

KISUII and the Company shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Site or the performance of the products, even if KISUII and the Company have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

INPUT/TYPOGRAPHICAL ERRORS

In the event that KISUII product is mistakenly listed at an incorrect price, KISUII and the Company reserve the right to refuse or cancel any orders placed for product listed at the incorrect price and reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, KISUII and the Company or its related entity will issue a credit to your credit card account in the amount of the incorrect price.

 

MISCELLANEOUS

Your use of this Site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of KISUII products) shall be in the state or federal courts located in New York City. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of KISUII products) must be commenced within one (1) year after the claim or cause of action arises. KISUII and/or the Company’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. KISUII and/or the Company may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a KISUII/Company or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

 

PARTICIPATION DISCLAIMER

KISUII and the Company does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, KISUII and the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However KISUII/the Company and/or its representatives reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless, KISUII and/or the Company, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

 

THIRD PARTY LINKS

In an attempt to provide increased value to our visitors, KISUII/ the Company may link to sites operated by third parties. However, even if the third party is affiliated with KISUII and the Company, KISUII and the Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of KISUII and the Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, KISUII/ and the Company seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).