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Terms And Conditions
| Welcome to the KDS Web Site ('Site'). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms the 'Agreement'). |
| 1. GENERAL We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time. |
| 2. USE RESTRICTIONS You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, 'Content') are owned by KDS or its licensors. You are expressly prohibited from using any Content without the express written consent of KDS or its licensors. Except as otherwise stated herein, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of KDS, and/or the appropriate licensor. Permission is hereby granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without KDS's express written permission, 'mirror' any material contained on this Site or any other server. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes. |
| 3. TRADEMARKS 'KDS' is a registered trademark, service mark, and/or trade name of KDS. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. KDS disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of KDS, except as necessary to accurately identify the products or services of KDS. |
| 4. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS All comments, feedback, postcards, suggestions, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information and other submissions disclosed, submitted or offered to KDS or included with any hashtags provided by KDS, on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, 'User Content') shall be and remain KDS's property. Such disclosure, submission or offer of any User Content shall constitute an assignment to KDS of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Content. Thus, KDS will own exclusively all such rights, titles and interests and shall not be limited in any way in its use or modifications to the submission, commercial or otherwise, of any User Content. KDS is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; (3) to credit or acknowledge any user for User Content; or (4) to respond to any User Content. You agree that User Content submitted by you to the Site will not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that User Content submitted by you to the Site will not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in KDS’s sole discretion. You are and shall remain solely responsible for any User Content you submit on the Site. You agree that KDS may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that KDS may use your information for marketing and promotional purposes. |
| 5. KDS'S COMMUNICATIONS TO YOU You agree that KDS may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of KDS's products or services, or for such other purpose(s) as KDS deems appropriate. |
| 6. CONTENTS/PROMOTIONS Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event. |
| 7. PRODUCT INFORMATION Most KDS products displayed at the Site are available in select KDS stores while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in KDS stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. |
| 8. COLORS We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. |
| 9. LINKS TO OTHER WEB SITES AND SERVICES To the extent that this Site contains links to outside services and resources, the availability and content of which KDS does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. |
| 10. DISCLAIMER THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT KDS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. |
| 11. INACCURACY DISCLAIMER From time to time there may be information on KDS.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you are not completely satisfied with your KDS.com purchase, you may return it with your invoice to any KDS store or by mail. Please see our Return Policy for details. |
| 12. INDEMNIFICATION You agree to defend, indemnify and hold KDS harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. |
| 13. TERMINATION This Agreement is effective unless and until terminated by either you or KDS. You may terminate this Agreement at any time. KDS also may terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny you access to the Site, if in KDS's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or KDS, you must promptly destroy all materials, downloaded or otherwise, obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. |
| 14. Mobile - Terms and Conditions The mobile operators participating in this campaign are AT&T, Verizon Wireless, Sprint, T-Mobile, Nextel, Boost, Dobson and Alltel. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services at the prices offered. Pre-paid users may not be able to participate – Check with your mobile operator. To opt in for the KDS mailing list text "KDS" to 36302. Message and Data Rates May Apply. To stop a service at any time, reply KDS STOP to 36302. Text KDS HELP to 36302 to receive help information, reply KDS HELP to any message. Any messages you send in text messages become our property. No remuneration is implied or offered. News and data delivered are believed to be accurate at the time of delivery. For Support call +1 (888)494-3837. |
| 15. Support Reach us at: Support +1 (888)494-3837 |
| 16. Privacy Privacy statement We take great precautions to keep the information you share with us safe and private. We will not sell or give your personal information to other marketers without your express consent. However, from time to time, we would like your permission to send you sneak previews of new products, or personalized offers or tips. You will be receiving these offers or tips only if you choose to opt-in to these services. We also may ask for comments on how to improve our products or programs. In order to do so, your information may be securely shared with our agencies, who perform these services on our behalf, or safely stored in countries other than where collected. You can easily stop this type of communication at any time by contacting us at +1 (888)494-3837. |
