- Terms & Conditions
Terms & Conditions
Updated: August 1, 2014
YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING "I ACCEPT" IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES THAT YOU AGREE TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT KYTE&KEY LLC MAKES FROM TIME TO TIME.
6. ORDERS AND PAYMENT TERMS
After you place an order, we will review the information you provided for validity by verifying your method of payment, billing and/or shipping address. Orders may not be accepted for delivery to certain addresses and territories based upon your location. We may contact you (via email or phone) if additional information is required to accept your order. Invalid order information will result in delays processing your order. For Product purchases, your receipt of an order confirmation does not constitute Kyte&Key LLC acceptance of your order. Without prior notification, Kyte&Key LLC maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. Kyte&Key LLC reserves the right not to sell to resellers. If your order is canceled, we will attempt to notify you using the e-mail address you have given us with the order. You will not be charged if your order is canceled. If your payment method has already been charged for an order that is later canceled, Kyte&Key LLC will issue you a refund.
Kyte&Key LLC does sell products through its Web Store for children, but only to adults, who can purchase with a credit card or other permitted payment method as described above.
We accept various payment methods for Product purchases through our Web Store, including various credit cards and debit cards. We will bill your payment method when you place an order for a Product through the Service. Kyte&Key LLC will not fulfill any Product order without authorization validation of your purchase from your payment method.
You acknowledge and agree that any offers made available through the Service are subject to change at any time and from time to time. Additionally, we have endeavored to be as accurate as possible in describing and displaying the colors and other features of the Products made available for purchase through the Service; however, there is no warranty or guarantee that the colors, sound quality, product descriptions or other content of the Service is accurate, complete, reliable, current, or error-free.
We will ship the Products you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We do not guarantee the services of any shipping service, and delivery dates and times are not guaranteed. We will, however, endeavor to dispatch the Product to you as soon as possible after you place your order. During busy times, such as holiday periods, and periods of inclement weather, there can be additional processing and shipping delays. If there is a problem with a delivery, including, but not limited to, damage, loss or late delivery, you can contact Kyte&Key LLC Consumer Support to resolve the issue. You agree not to hold Kyte&Key LLC liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. Unless otherwise provided by notice from Kyte&Key LLC, all merchandise is shipped F.O.B. from any place we designate the merchandise to leave. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise due to circumstances in which we take this action.
Products purchased from the Site are easily returned in accordance with our Return Policy. These Products must be in new condition with original packaging and accessories. Products missing the serial number or UPC cannot be accepted; refunds will not be issued for such items. You can return such items by contacting us at 1-800-442-4000 in the United States or emailing Support.
If you are a European Union consumer, in addition to the return guarantee described in the paragraph above, you have a statutory right to withdraw from a sales contract for any reason within 14 days after the date you receive the Product. Our Return Policy includes details of this withdrawal right, including how to exercise such right. Nothing in these ToU or the Return Policy affects these legal rights.
Please note that you will be responsible for the costs of returning the Products to us, unless they were delivered to you in error or the Products are defective or faulty, in which case we will be responsible for the costs of returning the Products to us.
7. RESTRICTIONS AND CONDITIONS OF USE
Use of Site and Service. Kyte&Key LLC permits you to view and use a single copy of the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. Kyte&Key LLC reserves the right to add or remove information, content or Services from the Site at any time at its sole discretion.
No Violation of Laws. You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Misuse of Site and/or Service. You may not connect to or use the Site and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not: (a) institute, assist, or become involved in any type of attack, including withoutlimitation denial of service attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site and/or Service or any other person's use of the Site and/or Service; or (b) attempt to gain unauthorized access to the Site, Service, or the computer systems or networks connected to the Site and/or Service. Furthermore, you may not use the Site or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site and/or Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding Kyte&Key LLC and/or the Service; or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
No Commercial Uses. You agree that you will not use the Site or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Site or Service.
No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site or the Service.
Mobile Devices. The Site and Service contains services and features that are available to or through certain mobile devices. Your carrier's normal rates and fees apply. We do not guarantee that any or all Services will work with or be accessible through all carriers or devices.
Links from the Site. The Site may contain links to websites operated by other parties. Kyte&Key LLC provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of Kyte&Key LLC, and Kyte&Key LLC is not responsible for the content available on the other websites. Such links do not imply Kyte&Key LLC' endorsement of information or material on any other website and Kyte&Key LLC disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site. Unless otherwise set forth in a written agreement between you and Kyte&Key LLC, you must adhere to Kyte&Key LLC' linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Kyte&Key LLC' and/or its licensors' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Kyte&Key LLC, (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking site, and (iv) Kyte&Key LLC reserves the right to revoke its consent to the link at any time and in its sole discretion.
9. SOCIAL NETWORKS
The Service includes features that operate in conjunction with certain third party social networking websites that you visit ("Social Network Features"). While your use of the Social Network Features is governed by this ToU, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT KYTE&KEY LLC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.
10. INTELLECTUAL PROPERTY
Trademarks. Kyte&Key LLC, Kyte&Key LLC by Kyte&Key LLC and the circle b logo are trademarks/service marks of Kyte&Key LLC. Unauthorized use of any Kyte&Key LLC trademark, service mark or logo may be a violation of applicable trademark laws.
Copyright. The Site and Service and the content made available through the Site and Service are protected by U.S. and international copyright laws. You may not use, modify, reproduce or distribute any of the content, or the design or layout of the Site or Service, or individual sections of the content, design or layout of the Site without Kyte&Key LLC' express prior written permission.
Copyright Agent. Kyte&Key LLC respects the intellectual property rights of others, and requires that the people who use the Site and the Service do the same. Kyte&Key LLC maintains a policy of termination in appropriate circumstances of users who use the Site and/or Service for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Kyte&Key LLC administers and operates the www.Kyte&Key Site from the United States; other Kyte&Key LLC Sites may be administered and operated from various locations outside the United States. Although the Site is accessible in many territories throughout the world, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Kyte&Key LLC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
12. SUBMITTED CONTENT
The Site and Service may provide users with the ability to post, upload, transmit and/or submit feedback, communications, images, sounds, messages, Product reviews, material, content or information (“User Generated Content”) on or through the Site and/or Service. Kyte&Key LLC is under no obligation to review any such User Generated Content and assumes no responsibility or liability relating to any User Generated Content. Notwithstanding the above, Kyte&Key LLC may from time to time monitor the User Generated Content and may remove any User Generated Content at its sole discretion. Unless otherwise provided in any other notice from Kyte&Key LLC, Kyte&Key LLC does not claim ownership of any User Generated Content you make available through the Site and/or Service. At Kyte&Key LLC' sole discretion, such User Generated Content may be included in the Site and/or Service in whole or in part or in a modified form. With respect to such User Generated Content you submit or make available for inclusion on the Site and/or Service, you grant Kyte&Key LLC a perpetual, irrevocable, non-terminable, worldwide, royalty-free, fully paid-up and non-exclusive license to use, copy, distribute, publicly perform, publicly display, modify, create derivative works, and sublicense such materials or any part of such User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, without payment to you. Any feedback you provide at the Site or through the Service shall be deemed to be non-confidential. Kyte&Key LLC shall be free to use such information on an unrestricted basis. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 12. You also grant us the right, but not the obligation, to use your name, likeness, and identity in connection with your User Generated Content. You also grant other users of the Site and Service permission to access, use, record, reproduce, distribute, publicly display, publicly perform, and prepare derivative works of your User Generated Content in any medium (whether now known or later developed). You voluntarily waive all moral rights you may have in your User Generated Content. We do not guarantee any confidentiality with respect to any User Generated Content that you may submit, upload, post or otherwise provide to the Site and/or Service, and it is your responsibility to protect any rights that you may have in your User Generated Content. Please also be aware that any personally identifiable information that you choose to include in your User Generated Content for publication will not be protected. If Kyte&Key LLC has provided you with any free or discounted product or other item of value (other than sales and discounts available to the general public), you agree to disclose the value received in your User Generated Content in compliance with Section 5 of the Federal Trade Commission Act.
13. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, the site and service are provided on an "as is" and "as available" basis for your use, without warranties of any kind, either express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Kyte&Key LLC makes no warranty as to the accuracy, completeness or reliability of any content available through, or the performance of, the site or the service. You are responsible for verifying any information before relying on it. Use of the site and/or the service is at your sole risk. Kyte&Key LLC does not warrant that you will be able to access or use the site and/or service at the times or locations of your choosing; that the site or the service will be uninterrupted or error-free; that defects will be corrected; or that the site or the service are free of viruses or other harmful components. Because some states, territories and/or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
14. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
To the maximum extent permitted by law, Kyte&Key LLC, its affiliates, licensors and business partners (collectively, the "Related Parties") disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation, direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site, products and/or service, even if Kyte&Key LLC and/or related parties have been advised of the possibility of such damages. Without limiting the foregoing, in no case shall the liability of Kyte&Key LLC or any of the related parties exceed the lesser of (i) us$100.00 or (ii) the amount you paid us for use of the site or service or products purchased through the site during the six (6) months prior to the time the cause of action giving rise to the liability arose. to the maximum extent permitted by law, Kyte&Key LLC will not be responsible or liable, under any circumstances, for any loss, liability, expenses or damages incurred in connection with the service or the purchase of products, to the extent caused by or resulting from (1) your acts, defaults or omissions; (2) your violation of any term, condition, representation or warranty contained in this ToU; (3) your failure to provide an accurate shipping address or other information that you are asked to provide in connection with the sale of the products; (4) acts or omissions of third parties, including third parties contracted by Kyte&Key LLC; or (5) non-delivery, mis-delivery or late delivery of products or products lost or damaged in shipment. We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; or (b) fraud or fraudulent misrepresentation, or exclude or limit any liability which cannot be excluded or limited by applicable law. Because some states, territories and/or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states, territories and/or jurisdictions, the liability of Kyte&Key LLC and its affiliates shall be limited to the fullest extent permitted by law.
To the maximum extent permitted by law, you agree to indemnify, defend and hold Kyte&Key LLC and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys' fees, resulting from or arising out of your use of the Site and/or the Service, your negligent or intentional misuse of the Products or any breach by you of this ToU or any other policies that Kyte&Key LLC may issue for the Site and/or Service from time to time.
16. GOVERNING LAW; JURISDICTION
You agree that all matters relating to your access to or use of the Site and/or Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to the personal jurisdiction by and venue in the state and federal courts in San Francisco, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based outside the United States. If you are a consumer based outside the United States, nothing in these terms will derogate from any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction, including any right you may have to bring a claim in the courts of the country where you reside. Any claim under this ToU must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods such as Products are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Kyte&Key LLC and you arising out of or in connection with your use of the Site and/or Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
ToU Revisions. This ToU may only be revised in a writing signed by Kyte&Key LLC, or published by Kyte&Key LLC on the Site.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kyte&Key LLC as a result of this ToU or your use of the Service.
Assignment. Kyte&Key LLC may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without Kyte&Key LLC' prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
Attorneys' Fees. In the event any litigation or mediation is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover, to the maximum extent permitted by law, from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this ToU shall be in writing and addressed to: (in the United States) Kyte&Key LLC 120 Brookline Avenue Boston MA 02215.
Equitable Remedies. You hereby agree that Kyte&Key LLC would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. ThisToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/orService and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site and/orService.