Terms of Use


CARDITT.COM
(10-19-16)
 

This site, Carditt.com, and other Carditt Activities (defined below) are governed by these terms of use (“Terms”). Please review before using Carditt Activities. If you do not agree to these Terms, do not use Carditt Activities. Otherwise, your use of Carditt.com or purchase or use of other Carditt Activities constitutes your acceptance of these Terms.

 

GENERAL DESCRIPTION

Welcome to Carditt.com owned by Kakilou LLC (“Kakilou,” “Carditt,” “we,” “us,” or “our”).

Kakilou designs and sells gift wear and other unique merchandise. The home for the sale of Carditt merchandise is Carditt.com. Carditt.com is hosted on Shopify Inc. (“Shopify”), an online e-commerce platform. Carditt Activities may be obtained from other online and offline venues (“Other Venues”). Unless stated otherwise herein these Terms apply to all Carditt Activities, except where the law or third-party rights or actions otherwise apply or control.

Kakilou may (a) provide and run Carditt.com, (b) sell or give away Carditt merchandise, (c) participate in third-party social networks and social media, (d) blog, email, market, advertise, guest blog, speak, consult, coach and provide other forms of information about Carditt merchandise or its business sector, (e) manufacture and/or distribute Carditt merchandise through third-parties and Other Venues, and (f) conduct other activities related to the business of Carditt (collectively, “Carditt Activities”), to which these Terms apply. By buying, accessing, using, or contributing to Carditt Activities, and in consideration for such access, use and/or sale, you agree to abide by these Terms.

Kakilou may change these Terms from time to time, at Kakilou’s sole discretion. Your continued access, use or purchase of Carditt Activities following the posting of such changes will constitute your assent to all such changes. By agreeing to these Terms, you represent that you are at least the age of to lawfully use this site in your jurisdiction of residence. A breach or violation of any of the Terms may result in an immediate termination of your Carditt Account (as defined below) and/or future access to Carditt Activities. Please periodically visit this section of Carditt.com to review the current version of these Terms.

 

PRIVACY

Kakilou respects your privacy. Your submission of personal information through the store is governed by our Privacy Policy. Our Privacy Policy is expressly incorporated herein by reference and made a part of these Terms.

 

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITIES

 

CARDITT ACTIVITIES ARE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF CARDITT ACTIVITIES IS SOLELY AT YOUR OWN RISK.

 

CARDITT ACTIVITIES ARE PROVIDED WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ERRORS OR OMISSIONS OR OTHERWISE.

 

KAKILOU MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE, OR YOUR INABILITY TO USE, CARDITT ACTIVITIES WILL BE SECURE, RELIABLE, UNINTERRUPTED, TIMELY, OR ERROR-FREE AND KAKILOU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM SUCH.

 

UNDER NO CIRCUMSTANCES SHALL KAKILOU BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH CARDITT ACTIVITIES (INCLUDING BUT NOT LIMITED TO, CARDITT’S OPERATIONS, CONTENT, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY THIRD-PARTY TOOLS OFFERED BY CARDITT OR OTHER SITE LINKED TO CARDITT.COM, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR KAKILOU’S PRIVACY POLICY) EVEN IF KAKILOU, ITS MANUFACTUERS, DISTRIBUTORS, SUPPLIERS, LICENSORS, OR AGENTS, HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.

 

FOR THE SAKE OF EMPHASIS ONLY, EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, ALL REFERENCES TO CARDITT.COM IN THIS SECTION APPLY TO ALL OTHER VENUES OF CARDITT ACTIVITIES.

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM ALLOWED BY LAW.

 

EXCEPT FOR FIRST EDITION CARDITT MERCHANDISE MANUFACTURED PRIOR TO 2016, KAKILOU AND ITS DIRECTORS, OFFICERS AND EMPLOYEES ARE NOT ACCOUNTABLE FOR THE MANUFACTURING OR PRODUCT LIABILITY OF ANY CARDITT MERCHANDISE AND YOU SHALL SEEK ANY RELATED RECOURSE DIRECTLY FROM THE MANUFACTURER OF SUCH LICENSED CARDITT MERCHANDISE AND NOT FROM KAKILOU.

 

KAKILOU IS NOT RESPONSIBLE FOR FAILURES OF ITS HOST SHOPIFY, INCLUDING FAILURE TO ENCRYPT YOUR CREDIT CARD INFORMATION, AND YOU SHALL SEEK ANY RELATED RECOURSE DIRECTLY FROM SHOPIFY AND NOT KAKILOU.

 

USING CARDITT ACTIVITIES

Subject to applicable laws and regulations, we reserve the right to limit the offering of Carditt Activities 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 Carditt Activities that we offer. We reserve the right to discontinue any product at any time. Any offer for any Carditt Activities is void where prohibited.

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. On the Shopify platform, credit card information is encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Carditt Activities without express written permission by Kakilou, whose permission may be withheld solely in Kakilou’s discretion.

We do not warrant that the quality of any Carditt Activities or related information will meet your expectations, or that any errors in the Carditt Activities will be corrected. Accessing, using or buying Carditt Activities does not create an advisory relationship between the user and Carditt.

 

MODIFICATIONS TO AND LIMITATIONS ON CARDITT ACTIVITIES

Prices for our Carditt Activities are subject to change without notice. All descriptions of Carditt Activities or related pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right at any time to modify or discontinue any Carditt Activity (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a Carditt Activity.

 

RETURNS

Certain Carditt Activities may be available exclusively online through Carditt.com. Such Carditt Activities may have limited quantities and are subject to return or exchange only according to our Return Policy. Carditt Activities bought or procured on Other Venues are subject to the return policies of such Other Venues. Carditt.com shall only honor returns of products bought on Carditt.com.

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.

Carditt cannot accept for return any Cardaments or other giftwear products that have been written on or otherwise marked by you. Kindly use Carditt’s courtesy tester card to test any pens prior to writing on Cardaments. Please note that using the Carditt’s courtesy tester card does not guarantee that your pen will work on your Cardaments, which are sold to you “as is.”

Please see our Returns Policy for more information. Our Returns Policy is expressly incorporated herein by reference and made a part of these Terms.

 

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. In the event that 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.

 

CARDITT ACCOUNT REGISTRATION, PASSWORDS AND SECURITY

To utilize Carditt Activities, or certain portions thereof, you may be required to complete a registration process and establish an account with Carditt ("Carditt Account"). You represent and warrant that all information provided by you to Carditt is accurate and yours to lawfully provide. You understand and agree that you are fully responsible for all actions and postings made from your Carditt Account(s). Any accounts you create are not transferrable. As a user of Carditt Activities, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Carditt Account(s). You agree to notify Carditt immediately if you become aware of any unauthorized use of your Carditt Account(s) or passwords.

 

TERMINATION OF CARDITT ACCOUNTS

Carditt reserves the right to restrict your access to or terminate your Carditt Account(s) or to delete any content posted through your Carditt Account(s), with or without notice, for any or for no reason, and without any liability to Kakilou.

 

CARDITT INFORMATION

Information supplied via Carditt Activities is for informational purposes only. Kakilou assumes no responsibility for the accuracy, suitability, or completeness of any content provided and your reliance upon any of it is at your own risk. Carditt Activities may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of Carditt Activities at any time, but we have no obligation to update any Carditt Activity information.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in Carditt Activities that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability or other issues. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in such Carditt Activity 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 Carditt Activity, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Carditt Activities, should be taken to indicate that all information in any individual Carditt Activity has been modified or updated.

 

REPRODUCTION OF CARDITT CONTENT

Carditt Activities are protected by various intellectual property laws.   Kakilou requests that in any subsequent use of Carditt information be authorized and given appropriate acknowledgement. Contact Us for permission to use Carditt intellectual property, which shall be given in Kakilou’s sole discretion. When using Carditt Activities, you may encounter documents, illustrations, photographs, or other information resources contributed or licensed by private individuals, companies, or organizations that may be protected by US and non-US copyright laws. Transmission or reproduction of protected items beyond that allowed by fair use as defined in such copyright laws requires the written permission of the applicable copyright owners. It is your responsibility to identify the copyright owner and obtain permission before making use of this material.

 

KAKILOU INTELLECTUAL PROPERTY

Unless stated otherwise, all content, marks, images, designs and patent rights related to Carditt Activities are owned by Kakilou LLC, with all applicable rights reserved. CARDITT(TM) and others are either trademarks, service marks or registered trademarks or service marks of Kakilou. Carditts are covered by a pending patent applications, #14013029 and #14834022. Kakilou and any party that provides intellectual property in association with Carditt Activities individually retain all rights in their respective intellectual property, and no rights in such materials are transferred or assigned to you.

Kakilou grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of Carditt Activities is at the discretion of Kakilou and Kakilou may terminate your further access and/or use of Carditt Activities at any time.

 

THIRD-PARTY LINKS AND MATERIALS 

As a public service, Kakilou may provide links that provide information that may be beneficial to our users. Certain Carditt Activities may include links and/or materials from third-parties. External links do not constitute an endorsement by Kakilou of the opinions, products or services presented on the external site, or of any sites linked to it. Kakilou assumes no responsibility for the accuracy, suitability, or completeness of any content provided on such linked sites.

Third-party websites that are not affiliated with Kakilou may link to or reference Carditt Activities. 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 and not to Kakilou.

Any public or private entity may link to a Carditt Activity as long as the descriptive words of Carditt are accurate and not misleading and do not misrepresent any relationship between the linking site and Carditt. Advance permission is not required in order to link to Carditt provided these conditions are followed. Kakilou retains the right to request any entity remove its links to our site, if in the eyes of Kakilou, such linking site does not support the goals and vision of Kakilou.

 

LINKED SITES DISCLAIMERS

  • Kakilou does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked website.
  • Kakilou does not endorse the organizations sponsoring linked websites, and we do not endorse the views they express or the products/services they offer.
  • Kakilou cannot authorize the use of copyrighted materials contained in linked websites. Users must request such authorization from the sponsor of the linked website.
  • Kakilou is not responsible for transmissions users receive from linked websites.
  • Kakilou does make any warranty, express or implied, including warranties of merchantability and fitness for a particular purpose, or assumes any legal liability for the accuracy, completeness, or usefulness of any information from this site, its server or the links to servers provided here.
  • You agree that Kakilou bears no responsibility or liability for any content accessed or harm caused from any third-party website.

 

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 shall have no liability whatsoever 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 (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

 

ACTS AGAINST KAKILOU, CARDITT ACTIVITIES AND CARDITT USERS

You shall not attempt or engage in unlawful, infringing or otherwise potentially harmful acts that are directed against Kakilou, Carditt Activities or our users including, without limitation, the following:

  • Using Carditt Activities in contravention of any other agreement to which you are a party;
  • causing, allowing, or assisting any other person to use your Carditt Account(s) or impersonate you, including the sharing your password or login with any other person for such purposes;
  • logging onto a server or Carditt Account(s) that you are not authorized to access;
  • forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
  • emulating or faking usage of a Carditt Activity;
  • violating any laws, regulations, rules or ordinances or conducting any obscene or immoral activities;
  • soliciting others to perform or participate in any unlawful acts;
  • infringing Kakilou intellectual property rights or the intellectual property rights of others;
  • submitting false or misleading information;
  • collecting or tracking the personal information of others;
  • violating or attempting to violate any security features of a Carditt Activity;
  • using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any Carditt Activity;
  • introducing viruses, worms, software, Trojan horses, or other similar malicious, destructive or harmful code into a Carditt Activity or its interface with third-parties;
  • interfering or attempting to interfere with the use of a Carditt Activity by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" a Carditt Activity;
  • causing, allowing or assisting machines, bots, or automated services to buy, access or use Carditt Activities without the express written permission of Kakilou;
  • tampering with the operation, functionality, or the security of a Carditt Activity;
  • attempting to override or circumvent any security or usage rules embedded into any Carditt Activity that permit digital materials to be protected;
  • attempting to probe, scan, or test the vulnerability of a Carditt Activity, or any associated system or network, or breach any security or authentication measures;
  • misusing, tricking, disrupting, or otherwise interfering with the functioning of Carditt Activities;
  • harvesting or collecting email addresses or other contact information of other users or clients from Kakilou by electronic or other means;
  • reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide Carditt Activities;
  • engaging in "framing," "mirroring," or otherwise simulating the appearance or function of a Carditt Activity; and
  • forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of system or network security may result in civil or criminal liability.

You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.

 

USER CONTENT

Content contributed to Carditt Activities such as user comments and third-party linking, should be relevant to the subject scope of Carditt. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. Kakilou has the right (though not the obligation) to remove, without notice, any content posted which Kakilou considers, for any reason, to violate these Terms or to be outside the subject scope of Carditt Activities. Kakilou may terminate any Carditt Account or block any user, with or without notice, for posting such content.

 

LICENSES APPLICABLE TO CONTRIBUTED CONTENT 

If, at Kakilou’s request, you send certain specific submissions (for example contest entries) or without a request from Kakilou you send creative ideas, suggestions, proposals, plans, blog or post commentary, or other content or materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Kakilou may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. Kakilou is and shall be under no obligation (1) to maintain any such Comments in confidence; (2) to pay compensation and/or offer accreditation for any Comments; or (3) to respond to any Comments. You acknowledge that all of the materials and ideas you used to create the Comments are unique to you, do not violate any third-party rights and that you have the right to incorporate such materials and ideas into your Comments. 

By posting, sending or contributing Comments to Kakilou or as a supplement to Carditt Activities, you are granting Kakilou a non-exclusive, royalty-free, perpetual, and worldwide license to use your Comments in connection with the operation of Kakilou and Carditt Activities, and/or for educational or other non-commercial purposes, including, without limitation: (1) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate (“Collective Work”), and (2) the right to sublicense any or all of these Kakilou license rights to others. You acknowledge and agree that Kakilou will be the sole owner of these reformatted Comments and/or Collective Work. Notwithstanding the foregoing, to the extent, if any, that you may be deemed an "author" of any Comment or Collective Work, in consideration for your access and/or use of the Carditt Activities, you hereby grant and assign to Kakilou all rights of any nature whatsoever (including, but not limited to, the exclusive copyrights therein and thereto), throughout the universe, in and to such Comments and/or Collective Work. Please do not submit Comments if you do not agree to the Terms in this Section.

 

USER REPRESENTATIONS AND WARRANTIES

By posting or contributing any Comments, you represent and warrant that (a) you have all right, title, and interest to such posted Comments, including but not limited to any consent, authorization, release, clearance or license from any third-party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Comments, or (b) that such Comments are in the public domain or that your use of such Comments constitutes fair use. You further represent and warrant that posting such Comments does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Comments are true and your own work or work you are authorized to submit, and that the posted Comments do not contain any threatening, harassing, libelous, false, defamatory, offensive, abusive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Comments you supply do not violate these Terms.

 

INDEMNITIES

You acknowledge and agree to indemnify and hold Kakilou and its affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of your access, use or purchase of Carditt Activities, your violation of these Terms or any applicable laws or regulations, or the infringement by you, or made under the auspices of your Carditt Account(s), of any intellectual property or other right of any third-party.

 

TERMINATION OF SERVICE

Kakilou reserves the right to modify, suspend, or discontinue Carditt Activities or access to the same without any notice at any time and without any liability to you.

 

NO WAIVER OF TERMS

Failure of Kakilou to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

 

SEVERABILITY

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

 

CHANGES TO TERMS 


You can review the most current version of the Terms at any time at this page. Kakilou reserves the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes here. It is your responsibility to check here periodically for changes. Your continued use of or access to Carditt Activities following the posting of any changes to these Terms constitutes acceptance of those changes.

 

GOVERNING LAW AND ENTIRE AGREEMENT

These Terms are governed by the laws of the Rhode Island, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving Rhode Island in the event of any dispute of any kind arising from or relating to Carditt Activities, or your use or review of the same. These Terms constitute the entire agreement between us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.

 

ENTIRE UNDERSTANDING

These Terms and any policies or operating rules posted by Kakilou on this site or in respect to the Carditt Activities constitute the entire agreement and understanding between Kakilou and us and govern your use of the Carditt Activities, 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 the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

CONTACT INFORMATION 

Questions about the Terms? Please Contact Us.

 

©2016, Kakilou LLC.