Welcome to the King of Christmas, Inc.’s (“Company,” “we,” “our,” or “us”) website. These Terms of Use (“Terms”) govern your use of http://www.KingOfChristmas.com (the “Site”) and any other websites, social media applications, interactive features and other resources controlled by the Company. Please read the Terms carefully. By using the Site, you agree that you have read, understand and agree to be bound by these Terms. If you do not agree to the Terms below, please do not use the Site.
1. User Responsibilities.
By using the Site, you agree to abide by all applicable local, state, national, and international laws and regulations, in connection with your use of the Site. You acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should understand that the confidentiality of any communication or material transmitted to or from a Site over the Internet cannot be guaranteed.
2. Accounts, Passwords and Security.
You are wholly responsible for maintaining the security and confidentiality of your account and password. You are wholly responsible for any and all activities that are conducted through your account. Please notify us immediately of any unauthorized use of your account or any other breach of security.
3. User Submissions.
We value the integrity of our platform.
Message boards, chats and other public forums on the Site are intended to serve as discussion centers for users and visitors of the Site. These are public forums and any information that you post on the Site may be seen by anyone on the Internet. All users will have the ability to edit or delete their own posts after posting. When posting information on the Site, be respectful to the Company and others. Be fair and informative. Post honest information and don’t post rumors or negative opinions that are not supported by facts. In addition to the activities mentioned above, user comments may be removed at the discretion of the Company for otherwise inappropriate behavior.
4. Termination.
You agree that the Company, in its sole discretion, may terminate your account or use of the Site, and remove and discard any content within the Site, at any time and for anyreason. You agree that any actions taken under this section may be effective without prior noticeto you.
5. Billing.
a. Third Party Billing. If you choose to make purchases relating to the Site using a third party, please be advised that billing is handled at https://www.paypal.com. The third party site may request personal information including, but not limited to, your name,email address, phone number, and credit card or bank account number. The Company is not responsible for storing billing information for purchases on theSite that are processed by a third party. By using the Site, you agree that the Company shall not be responsibleor liable for any loss or damage incurred as the result of the practices of third party billingwebsites.
b. Billing Through Our Site. To make purchases through the Site, you must provide a valid credit card number and associated payment information, including all of the following: (i) your name as it appears on the credit card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your credit card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. For each purchase made on the Site, you agree to pay the price applicable (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. We will automatically bill your credit card or other form of payment submitted as part of the order process for such price.
6. Privacy Policy.
By accessing the Site, you agree that you are accepting the Privacy Policy of the Site.
7. Indemnification.
By using this Site, you agree to indemnify and hold the Company and its affiliates, agents, co-branders or other partners and representatives harmless from and againstany and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees anddisbursements) which arise directly or indirectly out of or from (i) your breach of these Terms;(ii) any allegation that any Submission Materials infringe or otherwise violate the copyright,trade secret, trademark or other intellectual property rights of a third party; and (iii) your accessor use of the Site.
8. Disclaimer.
THE SITE, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNLESS PROHIBITED BY APPLICABLE LAW, THE SITE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE SITE BE LIABLE TO YOU FOR ANY AMOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
9. Limitation of Liability.
THE COMPANY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OF OR INABILITY TO USE THE SITE; (II) ANY CONTENT CONTAINED ON THE SITE; (III) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE; (IV) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE; (V) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE; (VI) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE; OR (VII) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY OR ITS LICENSORS, AFFILIATES TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
10. Copyright Information.
The Site contains copyrighted materials, trademarks, service marks, logos and other proprietary content, including, but not limited to, text, software, sound, photographs, images, videos and graphics (the “Content”). You are only permitted to use the Content as expressly authorized by the Company. Neither the Terms nor the use of the Site transfers rights, titles or interest in the Site or the Content to you. Third party licensors retain their respective Intellectual Property rights on and to the Site and Content.
In accordance with The Digital Millennium Copyright Act of 1998 (the “DMCA”) copyrightowners, who believe that material appearing on the Site infringes on their rights under the U.S.copyright law, may contact us. If you believe that any materials hosted by the Site infringe on your copyright, you oryour agent may send a notice requesting that the material be removed or access to it be blocked.If you believe in good faith that a notice of copyright infringement has been wrongly filedagainst you in connection with this Site, the DMCA permits you to send to the Company a counter-notice; seehttp://www.loc.gov/copyright for details. False claims under the DMCA may result in legal penalties against you.
a. Restrictions on Use. We grant you a limited access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This access does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
11. Governing Law.
These Terms and the relationship between you and the Company shall be governed by and construed inaccordance with the laws of the State of Delaware, without regard to its conflict of lawprovisions. You and the Company irrevocably agree to submit to the personal and exclusive jurisdiction ofthe federal and state courts located within the State of Delaware, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
12. Waiver and Severability.
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court ofcompetent jurisdiction to be unlawful, void or for any reason unenforceable, then that provisionshall be deemedsevered and shall not affect the validity and enforceability of any remainingprovisions.
13. Modifications.
The Company may, in its sole and absolute discretion, change these Terms from time to time. All changes to the Terms or the Privacy Policy will be effective when posted, and we will providenotification of such changes to you via contact information you may haveprovided to the Site upon registration. Your continued use of the Site following any changesto the Terms or the Privacy Policy will constitute your agreement to be bound by such changes.If you object to any such changes, your sole recourse shall be to cease using the Site.
14. Contact Information.
Should you need to contact the Company for any reason regarding these Terms, please call us at (877) 224-0995 or email us at help@kingofchristmas.com.
Last Updated October 29th , 2020
