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      Terms of Service- Print On-Demand

      Terms of Service

      Please read the below Terms of Service as they contain important information about your legal rights, remedies and obligations. By accessing or using the Kin Custom Platform or any component thereof, you agree to comply with and be bound by these Terms of Service.

      Please note: Section 16 of these Terms of Service contains an arbitration clause and class action waiver that applies to your use of the Kin Custom Platform. It affects how disputes with Kin Custom are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

      This Terms of Service Agreement (“Agreement” or “Terms of Service”) is made by and between Epoch, LLC (DBA Kin Custom), an Ohio Limited Liability Company with mailing address of 2121 International St., Columbus, Ohio 43228 (the “Company” or “Kin Custom”), and you, the user (“you”, “your” or “User”).

      These Terms of Service, in conjunction with the Privacy Policy, contains the complete terms and conditions that govern the use of the Kin Custom website, including any subdomains thereof, any other websites through which Kin Custom makes its Services available, as well as the content and Services offered by Kin Custom (the “Kin Custom Platform”).

      BY CONTINUING TO ACCESS, USE, ATTEMPT TO INTERACT WITH OR USE ANY PART OF THE KIN CUSTOM PLATFORM OR ANY COMPONENT THEREOF, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE.

      IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE KIN CUSTOM PLATFORM. KIN CUSTOM RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT KIN CUSTOM’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE KIN CUSTOM PLATFORM CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

       

      Last Updated: February 1, 2024

       

      You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Kin Custom Platform or any part thereof shall constitute your full acceptance of such changes. 

       

      1. SCOPE OF KIN CUSTOM SERVICES
      The Kin Custom Platform is an online platform that enables you, upon proper registration of a user account, to create, design and customize (“Kin Custom Services” or “Services”) and purchase your items made available on the Kin Custom Platform (“Product” or “Products”), in a manner consistent with this Agreement. The scope of Services provided by Kin Custom are limited to those enumerated in this Section.

       

      2. ACCESS TO AND USE OF THE KIN CUSTOM PLATFORM

      To access the Kin Custom Platform, you must be at least eighteen (18) years of age. You do not have to create a user account if you wish to explore the Kin Custom Platform. However, you will be unable to use the Services for any Products made available on the Kin Custom Platform, as such capabilities are restricted without the creation and usage of a user account.

      You will be asked to provide certain registration details or other information prior to your use of the Kin Custom Platform. It is a condition of your use of the Kin Custom Platform that all the information you provide will be correct, current, accurate and complete. If Kin Custom believes the information you provide is not correct, current, accurate or complete, Kin Custom has the right to deny, terminate and/or suspend your access to the Kin Custom Platform, or to any of its resources, at any time without notice to you. Any termination or suspension shall also result in the termination of any and all Products you have created and placed for order with Kin Custom. Unless required by law, Kin Custom is not obligated to save any of your designs or customizations on the Kin Custom Platform upon the suspension or termination of your account. Kin Custom assumes no responsibility for your inability to create, design, customize, purchase or ship your Product in the event your account is suspended or terminated.

      You are responsible for any and all activities that occur under your account. You are solely responsible for maintaining the confidentiality and security of your account and any information provided in order to create or maintain it (i.e. username, passwords and/or passcodes). You must immediately notify Kin Custom if your password or account has been lost, stolen, misappropriated, compromised or subject to unauthorized use. From time to time, Kin Custom may require that you change your password.

      You are prohibited from using the Kin Custom Platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Kin Custom reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Kin Custom reserves the right to investigate suspected violations of this Agreement. Kin Custom reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Kin Custom to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement.

       

      3. PRODUCT CREATION

      Kin Custom reserves the right, in its sole and independent discretion, to deny any design on any item made by you or made through your user account, for any reason.

      The Kin Custom Platform enables users to customize designs on a variety of Products, which the user may later purchase. Any design, creation or customization made by a user shall be the intellectual property of the user to which the user grants a limited license to as set forth in Section 13.1 of these terms. 

      By using the Services for a Product, you represent and warrant:

      • That you are the owner or licensee of all trademark rights, copyrights, rights of publicity and other intellectual property, which are necessary for the lawful creation of such design or customization of the Product. Such rights include the rights to any name, slogan, design, phrase, description, images, or other text to be used or incorporated into your design or customization.
      • That your creation, design or customization does not contain material or content that discriminates against, defames, vilifies, harasses, or intends to discriminate, defame, vilify or harass anyone  on the basis of their race, national origin, religion, gender, physical or mental disability, medical condition, marital status, sexual orientation or age, or otherwise engage in abusive or disruptive behavior.
      • That your creation, design or customization does not contain material or content that is violent, harmful, indecent, invasive of privacy or publicity rights, abusive or pornographic in nature.
      • That your creation, design or customization does not contain material or content that is misleading, deceptive, fraudulent, or intends to be misleading, deceptive or fraudulent.

      Kin Custom has the right to review, in its sole discretion, any and all creations, designs or customizations made by any and all Users. Further, Kin Custom operates under a zero tolerance policy when in violation and may, in its sole discretion, remove or reject any designs, customizations or creations by any and all Users, cancel or terminate any orders or accounts, and report any and all Users to proper authorities who Kin Custom believes, in its sole discretion, to be in violation of this Agreement or applicable laws, or otherwise. Accounts in violation are not eligible for a new account and will be revoked. Orders in violation will be issued an immediate refund and account termination.

      You are solely responsible for ensuring any Product does not infringe on any third-party rights. Kin Custom has no duty to confirm your design is lawfully created, nor is it responsible for any third-party claims against You, whether under applicable intellectual property laws, or otherwise.

       

      4. ORDERING AND SHIPMENT OF A PRODUCT

      By creating, designing, or customizing a Product you are not obligated to order. Products you wish to revisit later to order may be saved in your User account or shopping cart. However, any creations, customizations or designs not ordered and instead saved in your User account or shopping cart may be removed and/or deleted by Kin Custom at any time, at its sole discretion. Kin Custom bears no responsibility for any damages or losses attributed to the cancelation or removal of a creation, design or customization of a Product that you have not ordered.

      By placing an order through the Kin Custom Platform, it will be considered that you have made a binding offer for the creation and purchase of the particular Product. In order to make such a purchase you will be required to submit payment information, which may include, without limitation: credit card information, debit card information, shipping address, billing address, full name and any other information Kin Custom believes to be necessary to ensure all information necessary to ensure complete, accepted and processed payment for and shipment of the Product are proper.

      Upon order of a Product and a complete transaction, you will be sent a confirmation email. This confirmation email is not an acceptance of your offer, but instead acknowledges Kin Custom’s receipt of your order.

      Kin Custom cannot guarantee the availability of a particular Product you have ordered, despite your ability to submit an order. In the event an order has been submitted and paid for that is not available at the time of order, your Product will be placed on back-order until such time your order can be fulfilled. All sales to you by Kin Custom are final as set forth in Section 5 and 6 of this Agreement.

      Once your order is processed through the Kin Custom Platform and accepted by Kin Custom for creation, you will receive an additional email informing you of the timeline in which your ordered Product will be ready for shipment (“Order Approval”). Depending on the complexity of your design and the amount of orders being processed, Kin Custom may delay the creation and shipment of your ordered Product, in which case Kin Custom will notify you of such delays and expected completion and shipment dates, respectively. Kin Custom may include API tracking capabilities dependent on the type of shipment method you select. Kin Custom is not responsible for any miscalculations associated with any shipment method’s shipment timeline, whether provided to you through the use of such API tracking capabilities on the Kin Custom Platform or any other means (including, but not limited to emails sent to you by Kin Custom regarding your shipment timeline).

      Kin Custom cannot guarantee the adherence to any timeline and any timeline provided in any Order Approval is an estimation of the time it will take to complete and ship your ordered Product. Kin Custom bears no responsibility for any damages or losses suffered as a result of the arrival or delay of arrival of your ordered Product.

      Kin Custom reserves the right, in its sole discretion, to reject any order for any reason at any time without advance notice to you.

      You may be provided with various options to ship your ordered Product. Kin Custom bears no responsibility for any and all shipping carrier’s inability to ship your ordered Product. Further, Kin Custom may, in its sole discretion, select a different shipping carrier on your behalf. You will bear the cost of any shipping costs and fees associated with your selected method of shipment or shipping carrier.

      Title to any Product on the Kin Custom Platform shall remain with Kin Custom until payment for such Product has been received and the Product has been placed with the shipping carrier. Thereafter, title and risk of loss for all Products ordered by you will pass to you, upon receipt of full payment and your ordered Product to the shipping carrier.

      If the order has already been shipped it is your responsibility to contact the carrier to make necessary address updates (if applicable). Economy/Standard packages will not be able to change the address once it's submitted. If the package is not able to be delivered successfully due to an address error, the customer may contact the carrier to arrange for delivery. Otherwise, the customer may risk the package being destroyed by the carrier. If the carrier will not take possession of the package due to incorrect or incomplete address, Kin Custom will attempt to notify the customer via email. Customers have 14 days from the date of notification to respond with a verified address, additional fees may incur which will be due in advanced of reshipment. If no response is received within 14 days, Kin Custom reserves the right to destroy the merchandise and the order will not qualify for a refund.

      Kin Custom reserves the right to administer a minimum order quantity (“MOQ”) on any Product made available through the Kin Custom Platform.

      Shipments may encounter custom duty fees. The fees are based on the destination and the regulations the country being shipped to.  Different countries have import procedures which is determined by its custom’s law in the destination country, not Kin Custom or the carrier. 

      Typically, the type of goods shipped and the value of that good are factors determining custom duties and taxes. Ultimately, the end customer will be responsible for paying the customs duty. As a shop owner, when setting your retail price it's important to keep in mind many custom fees are charged based on the retail price of the good. It's recommended to share this may be an unexpected cost to your customers and to include on your checkout page before the transaction is made.

       

      5. RETURNS 

      In the event your product or your customers product is damaged or defective, please submit a Return Form within fourteen (14) days of delivery of the damaged or defective product and you must provide reasonable proof to us of such damage or defect. Kin Custom will promptly review your correspondence in order to determine whether such damage or defect warrants a refund. Kin Custom will inform you of its decision to approve or deny your request with an explanation of its decision in accordance with our Print Guarantee Policy.

      Should the return be considered a defect, Kin Custom reserves the right to investigate and conduct a thorough analysis of the defect, which may include sending the defective merchandise to Kin Custom before a decision can be made. For defective products, Kin Custom will offer a pre-paid shipping label and the merchandise must be shipped within seven (7) days of the issued pre-paid label date. Failure to send back the merchandise within seven (7) days of receiving the shipping label will disqualify the order from the review process and a refund will not be issued. Kin Custom will not honor defect requests which are attributed to your customers size concerns or design flaws, which may include: spelling, grammatical, font, design, or appearance errors, if such errors are attributed to your submitted creation, design or customization.

       

      6. MODIFICATION & CANCELLATION REQUESTS; ALL PURCHASES FINAL

      Due to the customized nature of the Products you have ordered, no modifications or cancellations are accepted after an order has been submitted. This also includes the shipping method selected at checkout. Your order shall be non-refundable and final, and no modification requests will be honored or permitted. The price of each Product ordered considers the type of design and customization you have incorporated into the Product, thus no modifications are permitted as any modifications would result in a discrepancy between the purchase price and the actual cost of the Product.

      You acknowledge and agree that ordered Products produced by us for you are custom goods. In any scenario other than where a Product is defective or damaged pursuant to Section 5 of this Agreement, you have no right to cancel any order or return any Products and all orders, once accepted by Kin Custom, are final.

       

      7. STANDARDS OF CONDUCT

      As you enjoy use of the Kin Custom Platform, you must remember that it is your sole responsibility to comply with any and all applicable laws, rules, regulations and obligations. Kin Custom takes no responsibility for your lack of adherence to such laws, rules, regulations and obligations and shall not be responsible for any consequences you may suffer as a result of such lack of adherence. You are permitted to use the Kin Custom Platform strictly in accordance with the terms, rules and regulations set forth in this Agreement and elsewhere throughout the Kin Custom Platform. Kin Custom may revoke or limit your access to the Kin Custom Platform, suspend or terminate your user account in accordance with the termination language set forth in Section 15.

      You are required to adhere to the following standards of conduct while using the Kin Custom Platform at all times you are using or accessing it. Accordingly, you will not and will not assist or enable others to:

      • To provide untrue, inaccurate, incomplete and not current information about you.
      • Act in a disrespectful manner towards and employees or agents of Kin Custom.
      • Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, this Agreement, or the Kin Custom Privacy Policy.
      • Use the Kin Custom Platform in a manner that indicates, either directly or indirectly, any partnership between you and Kin Custom, endorsement of you, affiliation or opinion of you, your User account, your creations, designs or customizations.
      • Copy, store or otherwise access or use any information, including personally identifiable information about any other user, contained on the Kin Custom Platform in any manner inconsistent with this Agreement or the Kin Custom Privacy Policy, or that otherwise violates the rights of users or third parties.
      • Use the Kin Custom Platform in any manner inconsistent with the terms of this Agreement.
      • Submit a creation, design or customization that violates another party’s intellectual property rights, including but not limited to trademark rights, copyrights, rights to privacy or publicity.
      • Modify, copy, create or enable creation of derivative works, modifications, or adaptations of the Kin Custom Platform or any components thereof; including product or model mockups.
      • Use any robots, spider, crawler, scraper or other automatic device or program or manual process to monitor, copy, reproduce, access or collect data through the Kin Custom Platform.
      • Attempt to decompile, disassemble or reverse engineer any software, or any parts of the software used in the implementation and operation of the Kin Custom Platform.
      • Use any part of the Kin Custom Platform to violate any applicable laws or use the Kin Custom Platform in a manner that may subject Kin Custom, its staff or other users to the threat of civil or criminal penalties.
      • Transmit or upload any files, software or programs that (i) contain or you have reason to believe may contain viruses; (ii) may be corrupted or that you have reason to believe are corrupted; (iii) contain malicious code or that you have reason to believe contain malicious code; or (iv) that you have reason to believe may harm another person’s computer, disrupt the Kin Custom Platform, expose the Kin Custom Platform and/or its users to a cyber breach, or provide you or other parties gain unauthorized access to the Kin Custom Platform, other user accounts, or any other information provided on either or both.
      • Provide access to the Kin Custom Platform to persons who are prohibited pursuant to applicable laws or this Agreement.
      • Violate or infringe upon anyone else’s rights or otherwise cause harm (whether physical, mental or emotional) to anyone.
      • Use the Kin Custom Platform to promote, post, communicate, share, transmit or use as part of a Product, defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material or communication.
      • Use the Kin Custom Platform in any manner that could in any way disable, overburden, damage, or impair the Kin Custom Platform or any components thereof, or otherwise interfere with any other party's use and enjoyment of the Kin Custom Platform. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Kin Custom Platform.

      WHILE KIN CUSTOM EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE KIN CUSTOM PLATFORM IS ENTIRELY AT YOUR OWN RISK, AND THAT KIN CUSTOM SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

      YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF THE KIN CUSTOM PLATFORM OR ANY COMPONENTS THEREOF VIOLATES ANY PROVISIONS IN THIS AGREEMENT, KIN CUSTOM CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE KIN CUSTOM PLATFORM IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING. FURTHER, KIN CUSTOM MAY ALSO SEEK ADDITIONAL REMEDIES AS SUCH REMEDIES ARE PERMITTED BY THIS AGREEMENT AND APPLICABLE LAW.

       

      8. THIRD PARTY WEBSITES

      The Kin Custom Platform may contain links to third-party websites, which may be subject to different terms and conditions and privacy practices than those which are set forth in this Agreement and the Kin Custom Privacy Policy. Kin Custom is not responsible or liable for the conduct, content, products, services, or other offerings made available via such third parties, nor does a link to any third-party website constitute an endorsement, partnership, joint venture or affiliation with such third-parties.

      Kin Custom may make available certain integrations with third-party websites (for example: Shopify, Facebook, Instagram). These integrations will permit you to upload your customizations, designs and creations to your accounts on these platforms. Any use of these third-party website by and through this capability shall not involve Kin Custom and Kin Custom shall not have any responsibility or liability for your conduct, content, products, services or other offerings made available by you through these third-party websites. Further, you may be subject to additional terms and conditions as a result of your use of such third-party websites. Such terms and conditions are between you and such third-party websites and shall not include Kin Custom.

      In the event you wish to use third-party websites for the publicity of your Products, you will be entering into a separate agreement with any customers or users of those third-party websites. Any issues, liabilities, losses, or damages assessed or attributed to your use of such third-party websites in this manner shall bear no responsibility or liability on Kin Custom. Accordingly, you will be solely responsible for any agreements you enter with any customers on such third-party websites. Further, in the event Kin Custom is wrongfully named in a complaint, allegation, claim or cause of action relating to your relationship with a customer through your use of a third-party website in this manner, you agree to indemnify Kin Custom in accordance with the Indemnification provisions of this Agreement.

       

      9. PAYMENT TERMS

      You are permitted to choose how you will pay for your ordered Product by selecting any of the payment methods authorized by Kin Custom. Any and all payment methods available to you by Kin Custom will be provided to you when you are submitting payment for your ordered Product. Notwithstanding the foregoing, Kin Custom reserves the right to limit the payment methods available to you based off of various criteria, including: order value, order quantity, shipment destination, or any other criteria.

      By submitting a payment method to use, you hereby authorize Kin Custom to use such payment method and charge such payment method for any purchase you make on the Kin Custom Platform.

      Should you use a payment method or provide Kin Custom with payment information that results in the inability of Kin Custom to collect any payment owed (i.e. your payment method has insufficient funds or the payment information is incomplete and a transaction cannot be conducted) through no fault of Kin Custom’s own, you agree that additional charges may apply and be assessed to you in order to recoup the costs associated with Kin Custom’s attempt and failure to collect payment. Kin Custom is not responsible for the incompleteness or inaccuracies of any payment method as such information is solely your responsibility. Accordingly, Kin Custom is not responsible for any losses suffered as a result of inaccurate and incorrect information pertaining to your payment methods.

      If you fail to pay or Kin Custom is otherwise unable to collect payment from you, Kin Custom may assign the rights to collect such payments to a debt collection agency and transfer any and all personal information necessary for such debt collection agency to collect the payment owed.

      Kin Custom may use third-party payment service providers which may carry additional fees when processing payments. Kin Custom is not responsible for any additional fees assessed as a result of using such third-party payment service providers and disclaims all liability with respect to such fees. Further, such third-party service providers may also impose separate and distinct terms and conditions on you. It is solely your responsibility to review these terms and conditions prior to submitting payment through such third-part payment service provider.

       

      10. TAXATION

      You are responsible for any and all tax liabilities incurred by you through your use of your user account (i.e. sales of your Products). Kin Custom will not collect or pay taxes on your behalf nor does it have a responsibility or obligation to do so. Any and all amounts distributed to you shall be inclusive of any and all taxes associated with such amount. It is thus your responsibility to report and remit such taxes or any penalties associated therewith as a result of your failure to report and/or remit such taxes to the proper tax authority.

       

      11. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

      Kin Custom holds no right in or to the ability to sell a user’s creations, designs, customizations or products.

      By creating, designing and customizing Products on the Kin Custom Platform, you grant Kin Custom a non-exclusive, worldwide, royalty-free, sublicense-able, transferrable license to use, reproduce, distribute, prepare derivative works of and display such creations, designs or customizations in connection with and in order to fulfill Kin Custom’s Services. This license does not provide Kin Custom with any ownership of any particular creation, design or customization.

      This license shall apply solely to Kin Custom’s ability to implement a user’s creations, designs and customizations to any and all marketing and promoting of all or any portion of the Kin Custom Platform in and across any and all mediums and formats. This license shall remain with Kin Custom until such time your user account is terminated, either by you or Kin Custom and shall be perpetual and ongoing until such termination occurs.

      Your use of the Kin Custom Platform is subject to the exclusive ownership rights of Kin Custom. Kin Custom retains all right, title and interest to the Kin Custom Platform, any documentation of the Kin Custom Platform and any copies thereof in any form. This Agreement grants you a non-exclusive, non-transferrable, limited license to use the Kin Custom Platform in a manner consistent with the terms of this Agreement and the Kin Custom Privacy Policy. All intellectual property rights in and to the Kin Custom Platform, together with any components thereof (including but not limited to icons, graphics, text, logos, software and systems created and placed on the Kin Custom Platform by Kin Custom) are retained exclusively by Kin Custom.

      You agree that you will not remove, deface, or destroy any copyright, patent notice, trademark, service mark, or other proprietary marks, or confidential legends placed on or within the Kin Custom Platform, any documentation of the Kin Custom Platform, and any copies thereof in any form. All rights not licensed hereunder are expressly reserved by Kin Custom.

       

      12. COPYRIGHT INFRINGEMENT; DCMA NOTICE

      If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us by following the format set out in our DMCA Notice Policy. Be sure that what you believe to be infringed upon is, in fact, your copyright by reviewing our IP Tutorial.

       

      13. TERMINATION

      This Agreement shall terminate between you and Kin Custom upon the deletion of your user account, except for such provisions which are intended and expressly stated to survive termination.

      Kin Custom reserves the right, but has no obligation, to monitor use of the Kin Custom Platform to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any content, designs or Products, in whole or in part, at its sole discretion, whether listed under your user account or listed by Kin Custom.

      Kin Custom takes compliance with these terms very seriously. Accordingly, any violation of these terms no matter how minor or major the violation may be, shall provide Kin Custom with the sole authority to terminate your account and access to the Kin Custom Platform. Kin Custom also reserves the right to terminate your access to any or all of the Kin Custom Platform at any time without notice or accessing any and all content you have published. If you are in violation of these terms, Kin Custom has the right to decline any imported orders and for any that are processing (not yet shipped), Kin Custom may cancel and issue immediate refund.

      If you decide to delete your account, Kin Custom encourages you to remove any and all content you have published or are in the process of creating on or through the Kin Custom Platform, including any and all creations, designs and customizations.

       

      14. DISPUTE RESOLUTION; ARBITRATION AGREEMENT; WAIVER OF JURY TRIAL

      If you opt to bring any claim, dispute or controversy against Kin Custom arising out of or in relation to this Agreement or the breach, termination, enforcement or interpretation thereof, or your access to and use of the Kin Custom Platform or any components thereof, you agree that such claim or claims shall be settled by binding arbitration under the rules of the American Arbitration Association. Arbitration shall occur within Franklin County in the state of Ohio.

      The prevailing party of arbitration between you and Kin Custom shall be entitled to reasonable attorneys’ fees and expenses from the non-prevailing party to the extent such fees and expenses are permitted under applicable law and the American Arbitration Association Rules.

      The arbitrator’s decision shall be final and binding, including all conclusions which render an award to either party. Judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

      YOU AND KIN CUSTOM HEREBY ACKNOWLEDGE AND AGREE THAT EACH AND BOTH, COLLECTIVELY AND INDEPENDENTLY, IS IRREVOCABLY AND UNCONDITIONALLY WAIVING ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, ACCESS TO AND USE OF THE KIN CUSTOM PLATFORM OR ANY COMPONENTS THEREOF.

      YOU AND KIN CUSTOM HEREBY ACKNOWLEDGE AND AGREE THAT EACH AND BOTH, COLLECTIVELY AND INDEPENDENTLY, IS IRREVOCABLY AND UNCONDITIONALLY WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL CLAIMS, DISPUTES OR CONTROVERSIES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, OR YOUR USE OF AND ACCESS TO THE KIN CUSTOM PLATFORM OR ANY COMPONENTS THEREOF.

      You specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Franklin County, Ohio in connection with any dispute between you and Kin Custom arising out of or involving this Agreement, any provisions herein, and/or your use of and access to the Kin Custom Platform.

       

      15. JURISDICTION AND VENUE

      This Agreement and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of Ohio, without giving effect to any principles that govern the conflicts of laws. Any disputes under this Agreement may be brought in the state courts and Federal courts located in Franklin County, Ohio. You hereby consent to the personal jurisdiction and exclusive venue of these courts.

       

      16. DISCLOSURE UNDER LAW

      Kin Custom reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

       

      17. PERSONALLY IDENTIFIABLE INFORMATION

      Kin Custom cautions you against giving out any personally identifying information about yourself or your any third parties through your use of the Kin Custom Platform beyond that which is requested to create and maintain a user account. If you believe that another user is requesting information that is inapplicable or irrelevant to you, we encourage you to contact Kin Custom and describe such interaction, line of questioning or conduct from the other user. In an effort to preserve your privacy, Kin Custom agrees that it will treat any personally identifying information that you submit through the Kin Custom Platform in accordance with the terms outlined in its Privacy Policy, as well as in conformance with all applicable laws, rules, and regulations.

       

      18. DISCLAIMER & LIMITATIONS ON LIABILITY

      You understand that Kin Custom cannot and does not guarantee or warrant that your use of the Kin Custom Platform will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to the Kin Custom Platform. Kin Custom further disclaims any responsibility to ensure that any content, from Kin Custom or other users, located on the Kin Custom Platform is necessarily complete and up-to-date.

      YOUR USE OF THE KIN CUSTOM PLATFORM OR ANY COMPONENT THEREOF IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. KIN CUSTOM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. KIN CUSTOM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPONENT OF THE KIN CUSTOM PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE KIN CUSTOM PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

      KIN CUSTOM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KIN CUSTOM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE KIN CUSTOM PLATFORM OR ANY COMPONENT THEREOF OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT, KIN CUSTOM PLATFORM OR OTHER SERVICES PROVIDED BY KIN CUSTOM WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

      KIN CUSTOM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF KIN CUSTOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.

      IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KIN CUSTOM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO KIN CUSTOM APPLICABLE CONTENT, TRANSACTION OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

       

      19. INDEMNIFICATION

      Under no circumstances will Kin Custom be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.

      Kin Custom may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Agreement, its users or the public.

      You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the Products you are creating, designing, customizing, or purchasing via the Kin Custom Platform, their officers, directors, employees, agents and representatives (collectively “Indemnified Parties”) harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from (1) your breach of this Agreement or any provision hereof; (2) any allegation that any material, content, design, or Product that you submit to us or transmit to the Kin Custom Platform for any reason whatsoever, infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (3) any activities conducted by your or your user account while on or in connection with the Kin Custom Platform ( collectively the “Indemnifiable Conduct”). This indemnity will be applicable without regard to the negligence of any party, including any indemnified person. You agree that the Indemnified Parties will have no liability in connection with the Indemnifiable Conduct or any portion thereof. By accepting this Agreement, you waive all rights not specifically set forth herein and agree to hold Kin Custom and the Indemnified Parties harmless from any claims resulting from any action taken by Kin Custom or the Indemnified Parties, or both, during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Kin Custom or law enforcement authorities.

       

      20. PROMOTIONAL CAMPAIGNS & DISCOUNT CODES 

      Kin Custom may from time to time without advance notice to you initiate and deploy contests, sweepstakes, surveys, games, promotional campaigns and discount codes (“Promotion(s)”). These Promotions are valid only for use on the Kin Custom Platform in a manner consistent with the terms of the Promotion.

      Promotions may not be redeemed for cash, are void where prohibited by law, shall be redeemable one time per user, cannot be used in conjunction with other Promotions and are subject to expiration dates unilaterally placed by either Kin Custom or the user who has provided such Promotion.

      Kin Custom reserves the right, without further notice to you, to modify the terms and conditions pertaining to a Promotion, or to suspend or cancel a Promotion in whole or in part.

      Any Promotions made available through the Kin Custom Platform may be governed by specific rules that are in addition to this Agreement. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.

       

      21. MISCELLANEOUS PROVISIONS

      If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

      The relationship between you and Kin Custom is strictly that of Kin Custom providing you with access to and use of the Kin Custom Platform and the Services provided therein. You agree that no joint venture, partnership, employment, independent contractor or agency relationship exists between you and Kin Custom as a result of this Agreement or use of the Kin Custom Platform or any components thereof.

      This Agreement constitutes the entire agreement between you and Kin Custom relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Kin Custom with respect to the Kin Custom Platform. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Kin Custom Platform. Kin Custom may revise the terms of this Agreement at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Kin Custom Platform after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.

      The failure of Kin Custom to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Kin Custom must be in writing and signed by an authorized representative of Kin Custom.

      The section titles in the Agreement are for convenience only and have no legal or contractual effect.

       

      22. CONTACT US

      If you have any questions regarding these Terms of Service, or need to report any violations of these Terms of Service to Kin Custom, please contact us at info@kincustom.com.