Terms of Service

Last Updated: July 1, 2020

OVERVIEW

This website (“Website”) is operated by STAYkini, LLC. Throughout the site, the terms “we”, “us”, “STAYkini” and “our” refer to STAYkini, LLC. STAYkini offers this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced on our Website. These Terms of Service apply to all users of the Website, including users who are browsers, vendors, customers, merchants, or contributors of content.

Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms, which form a binding contract between STAYkini and you. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. 

Any new features or tools which are added to the current store will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update or replace any part of these Terms by posting updates to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

ONLINE STORE TERMS AND RULES OF BEHAVIOR

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you are a parent or legal guardian of a minor that wants to use this Website, you represent that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

• You are solely responsible for your own communications and content including any data, images, graphics, text, audio, video, email, links, and screen names you post to the Website. You agree to use the Service to post and receive communications and content that are legal and proper.
• You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
• You must not violate the privacy rights of others.
• You must not upload, post, or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically, hateful, objectionable, or unlawful.
• You must not upload, post, or link to any material that promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group.
• You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters or (b) other disruptive communications.
• You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party, without prior written permission from the third party. You agree to disclose such authorization to us on our request. You must not download any material that you know or reasonably should know cannot be distributed legally.
• You must not impersonate another person or entity, which includes not using anyone else's username or password.

• You must not “deep-link,” by publishing a link to a STAYkini web page other than the STAYkini home page.
• You must not “frame” or “mirror” the Website, by simulating the appearance or function of the Website on another website.
• You must not use the Service for any illegal or unauthorized purpose, such as spamming.
• You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct and acceptable content as well as the export of data to the United States or to your country of residence.
• You cannot modify or delete any content and communications of the Website and/or of other individuals.
• You must not transmit any viruses, worms, defects, or any items and/or code of a harmful or destructive nature.     
• You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines, or their equivalents, on or in the Service.
• You must not interfere or disrupt the Service or servers or networks connected with the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
• You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
• You must not state or imply that any of your submitted and or posted content is endorsed by STAYkini.
• You must not retrieve, store or collect personal information about other users for any unauthorized purpose.     
• You must not engage in any ad "slamming".
• You cannot use the STAYkini brand name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment. 
• You will not expressly or by implication create the false or misleading impression that STAYkini is associated with, or endorses, or is in any way connected with you, your business, or your content.

While STAYkini explicitly prohibits the above conduct, you acknowledge and agree that you may be exposed to such conduct and content and that you use the Service entirely at your own risk, and that STAYkini will have no liability of any kind for such conduct.

You understand and agree that if you violate any of the rules of behavior, STAYkini can terminate your use of the Service immediately without prior notice and without any right of refund, set-off, or a hearing.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

REFUNDS AND RETURNS

Please check the refund and return information on our Website, for our most up-to-date policies. These policies are incorporated in and made a part of these Terms.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the Service and any necessary software ("Software") used in connection with the Service contain proprietary and confidential information that is the property of STAYkini and its licensors, and is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers may be protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by STAYkini or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. You also acknowledge STAYkini 's exclusive rights in the STAYkini trademarks and service marks.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and will be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

If you send us or submit any photographs or images (collectively, “Images”), you grant us the non-exclusive, unconditional, perpetual, royalty-free license to use, reproduce, modify, transmit, distribute, and sublicense any such Images in any medium, now in existence or developed hereafter, for any purposes, including display on social media sites and commercial use. Other than personally identifiable information, which is covered by our Privacy Policy, any Images you transmit or post to this Website or our affiliated social media pages will be considered non-confidential and non-proprietary. We will have no obligation with respect to such material. You also agree not to send us or submit any Images that infringe the copyrights of others.

COPYRIGHT INFRINGEMENT

STAYkini respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, STAYkini may, but is not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact STAYkini’s Designated Agent at hello@STAYkini.com with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest   
2. A description of where the material you claim is infringing is located on the Website
3. Your name, address, telephone number, email address   
4. A statement claiming that you have a good faith belief that the disputed use has not been authorized  
5. A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or are authorized to act on behalf of the holder.

Upon receipt of a proper notice of copyright infringement by our Designated Agent, we reserve the right to: 

• Remove or disable access to the infringing material;
• Notify the content provider that we have removed or disabled access to the material; and 
• Terminate such content provider’s access to the Website if he or she is a repeat offender. 

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider has the right to send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the content provider;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which STAYkini is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. 

If a counter-notice is received by the Designated Agent, STAYkini may send a copy of the counter-notice to the original complaining party informing that person that STAYkini may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at STAYkini’s discretion.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, go to https://staykini.myshopify.com/pages/privacy-policy

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case will STAYkini, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products purchased using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

We may include a test piece with your Get A Grip™ order, so that you can test a small piece of adhesive on your skin before using the product. However, STAYkini will have no liability to you if your top fails to stay in place, or if you have any adverse reactions to the adhesive on the Get A Grip™ pieces.

INDEMNIFICATION

You agree to indemnify STAYkini and our parent, subsidiaries, affiliates, members, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

DISPUTES

If there is any dispute about or involving the Website and/or the Service, you agree that any dispute will be governed by the laws of the State of Ohio without regard to conflict of law provisions. YOU FURTHER AGREE THAT BINDING ARBITRATION, TO BE CONDUCTED IN HAMILTON COUNTY, OHIO WILL BE THE SOLE AND EXCLUSIVE VENUE FOR ANY CLAIMS OR DISPUTES RELATED TO THE SERVICE AND THE WEBSITE. YOU EXPRESSLY WAIVE THE RIGHT TO MAINTAIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT REGARDING THE SERVICE AND THE WEBSITE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms. Such determination will not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on this Website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

GDPR COMPLIANCE

The provisions in this section apply to users who are individuals residing in a European Union country (“EU Residents”). The General Data Protection Regulation, or GDPR, is a European Union regulation that governs the relationship between STAYkini and EU Residents. Under the GDPR, STAYkini is considered to be a “data controller.” This means that STAYkini determines how and why personal data is processed.

In the course of providing the Service, STAYkini may collect certain identifying personal data about EU Residents, including name, identification number, location data, online identifier, photographs, videos, etc. In these Terms, any such personal data that can be used to identify a specific person will be called “Personal Data.” As an EU Resident, you have the following rights, which we call Data Rights:

• You have the right to obtain confirmation from STAYkini as to whether we are processing Personal Data concerning you.
• You have the right to information about the processing of your Personal Data, such as the purposes, the categories of Personal Data, recipients, etc. 
• You have the right to obtain a copy, in electronic format, of any Personal Data concerning you that we hold.
• You have the right to be forgotten. This means that you have to right to have STAYkini erase your Personal Data. You also have the right to have STAYkini stop any further dissemination of your Personal Data. If Personal Data was collected when you were a minor, we are obligated to delete it upon your request. However, STAYkini has the right to maintain your Personal Data in the following cases:

1. If the Personal Data we hold is needed to exercise the right of freedom of expression;
2. If we have a legal obligation to keep your Personal Data;
3. If we need to maintain your Personal Data for reasons of public interest, such as public health, scientific, statistical, or historical research purposes; or
4. If your Personal Data has undergone an appropriate process of anonymization.

You have the right to object to the processing of your Personal Data for specific reasons. In such a case, STAYkini will stop processing your Personal Data unless we need to process the Personal Data for reasons that override your rights and freedoms, or if we need the data for the establishment, exercise, or defense of legal claims. 

You have the right to object at any time to the processing of your Personal Data for direct marketing purposes.

To exercise any of your Data Rights, please contact STAYkini at hello@STAYkini.com. Please note that there is no charge for exercising any of your Data Rights. However, if we determine that requests are unfounded or excessive, in particular because of their repetitive nature, we have the right to charge a reasonable fee or refuse to act.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@STAYkini.com.