<ul>
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</ul> Cancel For Creators For Creators Analytics Sign In Sign Up Privacy Policy Copyright Contact Us <p>PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS.
IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. .
</p>
<p>
</p>
<p>Terms of Use</p>
<p>Effective date: February 22nd, 2021</p>
<p>Welcome to KIT.
Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”).
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@kit.co or by mail at 9907 39th Ave.
SW, Seattle, WA 98136.
</p>
<p>These Terms of Use (the “Terms”) are a binding contract between you and Krafts, Interests &.
Toys, LLC.
(“KIT,” “we” and “us”). By using the Services you agree to and accept all of the Terms.
</p>
<p>Will these Terms ever change?</p>
<p>We are constantly trying to improve our Services, so these Terms may need to change along with the Services.
We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Kit website, by sending you an email, and/or by some other means.
</p>
<p>If you don’t agree with the new Terms, you are free to reject them.
unfortunately, that means you will no longer be able to use the Services.
If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
</p>
<p>Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
</p>
<p>What about my privacy?</p>
<p>KIT takes the privacy of its users very seriously.
For the current KIT Privacy Policy, please click here.
</p>
<p>The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13.
We do not knowingly collect or solicit personally identifiable information from children under 13.
if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us.
If we learn that we have collected personal information from a child under 13, we will delete that information as quickly as possible.
If you believe that a child under 13 may have provided personal information to us, please contact us at support@kit.co.
</p>
<p>What are the basics of using Kit?</p>
<p>You may be required to sign up for an account, and select a password and username (“KIT User ID”).
You promise to provide us with accurate, complete, and updated registration information about yourself.
You may not select as your KIT User ID a name that you don’t have the right to use (for example, copyrighted content), or another person’s name with the intent to impersonate that person.
You may not transfer your account to anyone else without our prior written permission.
Your User ID may be repurposed if no public facing kits are created or maintained in a 12 month period.
</p>
<p>You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).</p>
<p>You will only use the Services for your own use and only in a manner that complies with all laws that apply to you.
If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services.
We can’t and won’t be responsible for your using the Services in a way that breaks the law.
</p>
<p>You will not share your account or password with anyone, and you must protect the security of your account and your password.
You’re responsible for any activity associated with your account.
</p>
<p>In addition to the restrictions contained in the Terms, your use of the Services is additionally subject to KIT’s community guidelines, which can be found at kit.co/community (the “Community Guidelines”).
The Terms incorporate the Community Guidelines by reference as a part of the Terms.
In the event of a conflict between the Terms and the Community Guidelines, the Terms shall control.
</p>
<p>Your use of the Services is subject to the following additional restrictions: </p>
<p>You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that: </p>
<p>(a) .
Infringes or violates the intellectual property rights or any other rights of anyone else (including KIT).
</p>
<p>(b) .
Violates any law or regulation.
</p>
<p>(c) .
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable (including adult or pornographic content).
</p>
<p>(d) .
Jeopardizes the security of your KIT account or anyone else’s (such as allowing someone else to log in to the Services as you).
</p>
<p>(e) .
Attempts, in any manner, to obtain the password, account, or other security information from any other user.
</p>
<p>(f) .
Violates the security of any computer network, or cracks any passwords or security encryption codes.
</p>
<p>(g) .
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);</p>
<p>(h) .
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means).
</p>
<p>(i) .
 .
Copies or stores any significant portion of the Content.
</p>
<p>(j) .
 .
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
</p>
<p> </p>
<p>A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
</p>
<p>What are my rights in KIT?</p>
<p>The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, videos, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including KIT’s) rights.
</p>
<p>Even though you may be able to copy or download some Content from the internet while using the Services, the above legal restrictions apply to you.
</p>
<p>You grant a limited license to KIT for your User Submissions</p>
<p>Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users.
ou grant us limited licenses as detailed below in conjunction with your use of the Services.
Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
</p>
<p>For all User Submissions, you hereby grant to KIT a limited license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below.
This is a license only – your ownership in User Submissions is not affected.</p>
<p>If you store a User Submission in your own personal KIT account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant KIT the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
</p>
<p>If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users)(a “Limited Audience User Submission”), then you grant KIT the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so.
Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
</p>
<p>If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant KIT the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all KIT users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with KIT’s business for any purpose, provided that KIT will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services.
Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
</p>
<p>You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your KIT account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from KIT’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
</p>
<p>Finally, you understand and agree that KIT, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
</p>
<br>
<p>What is KIT’s Copyright Dispute Policy?</p>
<p>You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like KIT, being asked to remove material that allegedly violates someone’s copyright.
We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
To learn more about the DMCA, click here.</p>
<p>In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement.
We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to offenders.
</p>
<p>Remember that your use of KIT’s Services is at all times subject to the Terms of Use which incorporates this Copyright Dispute Policy.
Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.</p>
<p> </p>
<p>(1) .
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the KIT’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):</p>
<p>(a) .
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
</p>
<p>(b) .
Identification of works or materials being infringed.
</p>
<p>(c) .
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that KIT is capable of finding and verifying its existence.
</p>
<p>(d) .
Contact information about the notifier including address, telephone number and, if available, email address.
</p>
<p>(e) .
A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law.
and </p>
<p>(f) .
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
</p>
<p> </p>
<p>(2) .
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to: </p>
<p>(a) .
remove or disable access to the infringing material.
</p>
<p>(b) .
notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material.
and </p>
<p>(c) .
terminate such content provider's access to the Services if they are deemed an offender.
</p>
<p> </p>
<p>(3) .
Procedure to Supply a Counter-Notice to the Designated Agent.
If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to law, the content provider may send us a counter-notice containing the following information to the Designated Agent: </p>
<p>(a) A physical or electronic signature of the content provider;</p>
<p>(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
</p>
<p>(c) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
and </p>
<p>(d) The content provider's name, address, telephone number, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which KIT is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
</p>
<p>If a counter-notice is received by the Designated Agent, KIT may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that KIT may replace the removed material or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at KIT's discretion.
</p>
<p>
</p>
<p>Please contact KIT's Designated Agent at the following address:</p>
<p>
</p>
<p>KIT Agent</p>
<p>c/o Krafts, Interests &.
Toys, LLC</p>
<p>9907 39th Ave.
SW</p>
<p>Seattle, WA 98136</p>
<p> </p>
<p>Who is responsible for what I see and do on the Services?</p>
<p>Any Content publicly posted or privately transmitted through the Services is the responsibility of the person posting or transmitting it, and you access all such Content at your own risk, and KIT is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.
 .
We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
</p>
<p>You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it.
You will keep all your registration information accurate and current.
You are responsible for all your activity in connection with the Services.
</p>
<p>The Services may contain links or connections to third party websites or services that are not owned or controlled by KIT.
When you access third party websites or use third party services, you accept that there are risks in doing so, and that KIT is not responsible for such risks.
We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
</p>
<p>KIT has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services.
In addition, KIT will not and cannot monitor, verify, censor or edit the content of any third party site or service.
By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
</p>
<p>Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that KIT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
</p>
<p>If there is a dispute between participants on this site, or between users and any third party, you agree that KIT is under no obligation to become involved.
In the event that you have a dispute with one or more other users, you release KIT, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
</p>
<p> If you are a California resident, you waive California Civil Code Section 1542, which says: "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." </p>
<p>Will KIT ever change the Services?</p>
<p>We’re always trying to improve the Services, so they may change over time.
We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.
We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.
Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
</p>
<p>What if I want to monetize my User Submissions or Kits?</p>
<p> If you want to monetize your User Submissions you have two primary options.
You can take advantage of the affiliate programs for select retailers that we have integrated with the KIT Service, or you can connect a Geniuslink account and use the monetization tools available there.
A Geniuslink account is a separate paid service of Geniuslink, the parent company of KIT.
For certain retailers, you may also have the option to add affiliate tracking parameters to your KIT account profile.
These affiliate tracking parameters are issued and managed by the related affiliate marketing programs and your use is subject to the terms and conditions of those programs.
Compliance with those terms and conditions is your responsibility.
Geniuslink does not represent that connecting affiliate marketing programs to your User Submissions or KIT is an accepted use under the terms of use of any affiliate program.
</p>
<p> KIT may add your affiliate tracking information to the links in your User Submissions, at KIT’s sole discretion.
For supported affiliate programs other than Amazon’s Associate’s programs, our automated protocols result in approximately 75% of clicks using your affiliate tracking parameters (if they are correctly added to your KIT account profile) and the remaining 25% will use KIT’s affiliate tracking parameters.
For Amazon’s affiliate programs for which you’ve added the correct affiliate tracking info, approximately 100% of the clicks will use your affiliate tracking parameters.
For clicks to supported retailers and affiliate programs in which you have not added your affiliate tracking parameters into your KIT account, 100% of the clicks will typically use KIT’s affiliate tracking parameters.
</p>
<p> Currently for Amazon, and possibly for other retailers and affiliate programs in the future, KIT leverages the Geniuslink link localization technology to send clicks to the same approximate product but in a local Amazon storefront, regardless of affiliate tracking parameters that have been added.
For example, a click from the UK would typically be redirected to amazon.co.uk and a click on the same link from Canada would typically redirect to amazon.ca.
</p>
<p> Correctly adding affiliate tracking parameters and testing their effectiveness is solely your responsibility.
Although KIT and its technology partners will strive to redirect the links added to your User Submission to the correct product, KIT does not guarantee that it will do this perfectly or adequately.
If you determine that your User Submissions are not linking to the correct products, you should contact KIT at support@kit.co.
More information about KIT’s support for earning affiliate commissions from your User Submissions can be found here.
</p>
<p> KIT cannot guarantee that adding affiliate links directly into KIT as part of your User Submissions may work as intended.
KIT strongly recommends building your User Submissions via the kit building tools provided if you wish to monetize your User Submission.
</p>
<p> You are prohibited from attempting to monetize your User Submissions by selling advertising and/or promoting certain products or vendors banned by our community guidelines or that don’t follow the spirit of KIT.
KIT may terminate your use of the Services immediately if you attempt any of the foregoing.
</p>
<p>How does KIT make money?</p>
<p> In addition to ads, KIT earns affiliate commissions for clicks where its affiliate tracking information has been added to the link.
KIT may also, in its sole discretion, choose to monetize items in your User Submission or on the Services more generally.
KIT reserves the right to select which items are monetized and how they are monetized, and KIT may, in its sole discretion, add or remove items without notice.
KIT may, in its sole discretion, aggregate data to discern common trends relating to product selection and engagement into datasets that it may make commercially available.
No Personal Identifying Information will be used or included in these datasets.
</p>
<p> For questions or interest in data analysis and insights, advertising, or promotional opportunities with KIT relating to your User Submission or the service in general, you may contact KIT at support@kit.co.
</p>
<p> Any link to a third party may be converted into a monetized link via the use of an affiliate program or other means.
By default, KIT will earn the credit, if any, from a resulting click or purchase from said link.
</p>
<p> KIT is a participant in the Amazon Associates Program and other affiliate programs.
Amazon Associates Program is an affiliate advertising program that allows sites to earn advertising fees by advertising and linking to Amazon.
You too may be an Amazon Associate and thereby share the following guidance to your viewers on KIT: As an Amazon Associate I earn from qualifying purchases.
</p>
<p> Select product links on KIT are automatically monetized through Viglink’s affiliate program.
</p>
<p>Does KIT cost anything?</p>
<p>The KIT Services are currently free, but we reserve the right to charge for certain or all Services in the future.
We will notify you before any Services you are currently using begin carrying a fee.
If you wish to continue using such Services, you must pay all applicable fees.
</p>
<p>What if I want to stop using KIT?</p>
<p> To stop using KIT at any time, navigate to the “Edit Profile” page and click the “Delete your account” button.
You can also contact us at support@kit.co.
please refer to our Privacy Policy, as well as the licenses above, to understand how we treat your information after you have stopped using the Services.
</p>
<p>KIT is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. KIT has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
</p>
<p>Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
We may provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of KIT.
</p>
<p>If you have deleted your account by mistake, contact us immediately at support@kit.co – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
</p>
<p>Provisions that, by their nature, should survive termination of these Terms shall survive termination.
By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
</p>
<p>What else do I need to know?</p>
<p>Warranty Disclaimer. KIT does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.
We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.
Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from KIT or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
</p>
<p>Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL KIT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO KIT IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
</p>
<p>Indemnity.
To the fullest extent allowed by applicable law, you agree to indemnify and hold KIT, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
</p>
<p> Assignment.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without KIT’s prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
</p>
<p>Choice of Law.
Arbitration.
These Terms are governed by and will be construed under the laws of the State of Washington, without regard to its conflicts of laws provisions.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in King County, Washington, in English, in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA") -- known collectively as “the AAA Rules” -- then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators in accordance with such rules.
Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in King County, Washington.
</p>
<p>Miscellaneous.
You are responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, except that KIT may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
You and KIT agree that these Terms are the complete and exclusive statement of the mutual understanding between you and KIT, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein).
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind KIT in any respect whatsoever.
Except as expressly set forth in the section above regarding the Apple Application, you and KIT agree there are no third party beneficiaries intended under these Terms.
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<p> Please note that Kit.co is not liable for purchases of products linked to on this site - if you have questions or concerns about a product you have purchased, please contact the seller/storefront/brand directly for support.
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