The Kiara skin Web site located at Kiara skin/ (the "Web site") is a copyrighted work belonging to ("Kiara skin"). Kiara skin provides an online store offering daily sales on top-quality apparel, gear and other products for moms, babies and kids.
THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEB SITE. THIS AGREEMENT IS ACCEPTED BY YOUR ACCESSING AND/OR USE OF THE WEB SITE. YOU MAY NOT ACCESS AND/OR USE THE WEB SITE OR ACCEPT THE AGREEMENT IF YOU ARE NOT OF 18 YEARS OLD. BY ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEB SITE.
1.1 Account Creation
In order to use certain features of the Web site (e.g., purchasing Products from the Web site), you must register for an account with Kiara skin ("Kiara skin/ Account") and provide certain information about yourself as prompted by the Web site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Web site does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your Kiara skin Account at any time, for any reason, by unchecking the e-mail preference box on the "My Account" section of the Web site. Kiara skin/ may suspend or terminate your Kiara skin Account in accordance with Section 10.
1.2 Account Responsibilities
2. Terms of Sale
2.1 Products and Pricing
All products listed on the Web site ("Products"), their information, and their prices are each subject to change. Kiara skin reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Kiara skin will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged or PayPal account. If your credit card or PayPal has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account or PayPal account in the amount of the charge.
2.2 Payment Terms
For each Product you order on the Web site, you agree to pay the price applicable for the Product as of the time your submitted your order ("Product Price"), the delivery fees for the delivery service you select ("Delivery Fees"), and any applicable Taxes (defined below). Kiara skin will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes based on Kiara skin/'s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase ("Taxes") not withheld by Kiara skin. All payments are non-refundable (except as expressly set forth in Section 2.1 and 2.3). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
2.4 Shipping Policy
We work with several partners to ship and deliver your orders. We most often use the UPS SurePost and Mail Innovations programs. Both of these programs allow us to rely on the extensive UPS network for shipping and on your local U.S. Postal Service carrier for final delivery. Some items are shipped and delivered via FedEx. International orders are shipped by our partner FiftyOne and delivered by their trusted carriers, including DHL Express. Any delivery dates provided by Kiara skin are estimates. Kiara skin/ reserves the right to make deliveries in installments. Kiara skin will send you an email when your order has shipped and you may review your order and shipping information on your Kiara skin My Account page. We ship within the US (including Alaska, Hawaii and APO/FPO/DPO addresses), Canada, UK and more than 80 other countries.
ONLY ONE PROMOTIONAL OFFER PER ORDER AND CUSTOMER - PROMOTIONAL OFFERS CANNOT BE COMBINED OR TRANSFERED UNLESS SPECIFICALLY STATED. Discounts do not apply to gift cards or certificates, shipping and handling, or taxes. Discount will appear upon checkout and cannot be combined with other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers. We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems. Please read the official rules that may accompany each special offer, coupon, discount, contest and/or sweepstakes that we may offer or conduct for any specific or different rules associated with that specific special offer, coupon, discount, contest and/or sweepstakes.
2.6 PayPal Purchases
Orders placed using a PayPal account as payment method will be processed upon submission, and funds may be transferred from your PayPal account immediately. This does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to decline or cancel your order as defined in Sections 2.1 and 2.3. This Section does not alter or amend any other Sections of Kiara skin's Terms and Conditions.
2.7 Return Policy
(a) Return Policy
Unless the Product information page states that a Product is a Final Sale, Kiara skin will accept returns only for store credit and only in accordance with the Return Procedures below. If a Product is a Final Sale, then the sale is final and no returns will be accepted. Provided that Kiara skin confirms that your Product was not a Final Sale and was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that we will issue you a store credit in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is nonrefundable. Store credit may only be used for future purchase of Products on the Web site (excluding gift cards) and are not transferable.
We do not except any Product exchanges.
(c) Damaged Products
If the Product arrives damaged or not substantially as described on the Product information page ("Damaged Product"), Kiara skin will accept returns for a full refund only in accordance with the Return Procedures below. Provided that Kiara skin confirms that your Product was a Damaged Product and was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card in the amount charged for the Damaged Product (if your credit card has already been charged for the Product) or (b) we will not charge your credit card for the Damaged Product. The refunded amount will include the applicable Delivery Fee.
(d) Return Procedures
The following sets forth the required "Return Procedures": All returns must be made within  days after the Product shipment date. All returned Products must be unused (e.g., not worn, washed, damaged, or altered) and returned in accordance with the instructions received from contacting customer service at firstname.lastname@example.org. You are solely responsible for the cost of shipping the returned Product. All Products not returned in accordance with the Return Procedures shall be sent back to you and no credit or refund will be issue.
3. Web site
Subject to the terms of this Agreement, Kiara skin grants you a non-transferable, non-exclusive, license to reproduce and publicly display and perform content on the Web site and use the Web site for your personal, noncommercial use.
3.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Web site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Web site; (c) you shall not access the Web site in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Web site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Web site shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Web site content must be retained on any copies.
Kiara skin reserves the right, at any time, to modify, suspend, or discontinue the Web site or any part thereof with or without notice. You agree that Kiara skin will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web site or any part thereof.
You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Web site (excluding any User Content) are owned by Kiara skin or Kiara skin's licensors. The provision of the Web site does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Kiara skin and its suppliers reserve all rights not granted in this Agreement.
4. User Content
4.1 User Content
By using your User Content with the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to Kiara skin an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Web site. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Kiara skin will treat any feedback or suggestions you provide to Kiara skin/ as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Kiara skin to the contrary, you agree that you will not submit to Kiara skin any information or ideas that you consider to be confidential or proprietary.
5. Acceptable Use Policy
The following sets forth Kiara skin's "Acceptable Use Policy":
You agree not to use the Web site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Web site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Web site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Web site, other computer systems or networks connected to or used together with the Web site, through password mining or other means; or (f) harass or interfere with another user's use and enjoyment of the Web site.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Kiara skin Account in accordance with Section 10, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information consider necessary or appropriate, including your Kiara skin Account username and password, IP address and traffic information, usage history, and your User Content.
6. Third Party Sites and Other Users
6.1 Third Party Sites
The Web site might contain links to, or advertisements for, third party Web sites (collectively, "Third Party Sites"). Such Third Party Sites are not under the control of Kiara skin and Kiara skin/ is not responsible for any Third Party Sites. Kiara skin provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
6.2 Other Users
Each Web site user is solely responsible for any and all its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Web site users are solely between you and such user. You agree that Kiara skin will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Web site user, we are under no obligation to become involved.
You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Web site users or Third Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE WEB SITE AND PRODUCTS (EXCEPT AS SET FORTH IN SECTION 2.6) ARE PROVIDED "AS-IS" AND AS AVAILABLE AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE WEB SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE MAKE NO WARRANTY REGARDING THE THIRD PARTY SITES. NOTWITHSTANDING THE FOREGOING, IF A SUPPLIER OF A PRODUCT PROVIDES A WARRANTY FOR THE PRODUCT AND ALLOWS US TO PASS IT THROUGH TO YOU, WE WILL PASS IT THROUGH TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCTS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.
8. Limitation on Liability
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS') LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID Kiara skin IN THE PRIOR 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold Kiara skin, its parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Web site or Products, (ii) your User Content, or (iii) your violation of this Agreement. Kiara skin/ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Kiara skin. Kiara skin will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Web site. We may (a) suspend your rights to use the Web site (including your Kiara skin Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Web site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your Kiara skin/ Account and right to access and use the Web site will terminate immediately. You understand that any termination of your Kiara skin Account involves deletion of your User Content associated therewith from our live databases. Kiara skin will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Kiara skin Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2, 3.2 - 3.4 and 4 - 12.
11. Copyright Policy
Kiara skin respects the intellectual property of others and asks that users of our services do the same. In connection with our services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Kiara skin is:
650 E Palisades Ave, Ste 247 Englewood Cliffs, NJ 07632
12.1 Changes to Terms of Service
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Web site. Any material changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Web site. These changes will be effective immediately for new users of our Web site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Web site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
12.2 Governing Law
This Agreement shall be governed by the laws of the State of Washington without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
You agree to submit to the personal jurisdiction of the state or federal courts with jurisdiction for Seattle, Washington for the purpose of litigating all such claims or disputes. Any claim or dispute in connection with these Terms shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
12.4 Entire Agreement
12.5 Copyright/Trademark Information
Copyright ©2010 - 2011 . All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Web site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
13. Invite Friends Policy and Customer Credits
Invite Friends Offer Details
For every new member you (the "Sponsor") invite ("Invitee") to Kiara skin you will receive a $15 credit ("Credit"), or credit amount stated in promotional terms & conditions, to use after your Invitee's first qualifying purchase has been shipped to be used only on the Sponsor's next purchase. Credit has no value unless used for a purchase. There is no limit to how many friends you would like to invite or how many Credits you can earn. Only one Credit is allowed per invited new member. Invitees must join via clicking the link in the e-mail invitation or clicking on your personal invite URL to receive the Credit. Invitee can only accept one invite to Kiara skin. If an Invitee accepts an invite from someone else, Sponsor will not be credited for that invitation. In connection with these promotions, which may change from time to time, any person that receives Credits, prizes or other benefits by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any Credits, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.
Credits are only for use on product contained within the Kiara skin Web Site and may not be used for the purchase of gift cards or services. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, Credits do not constitute property and you do not have a vested property right or interest in the Credits. Credits expire eighteen months after the date of issuance. We reserve the right at any time with our discretion, and without prior notice, to discontinue the Credits program or to add or change Credits program rules, terms or conditions, including changing expiration periods or Credits values for existing or future Credits.
Kiara skin reserves the right to change the terms and policies of this offer at any time without notice. Kiara skin/ further reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to this offer including, without limitation, creating fictitious, alias, or duplicate accounts to obtain credits. If your account and/or membership is terminated for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by Kiara skin and such determination is final.
Revised on July 18, 2012