TERMS OF SERVICE

Agreement Between User and Kokko, Inc. (“Kokko”)

 

Your use of the Kokko web sites www.kokkoinc.com, www.kokkocolor.com, or www.kokkobeauty.com or any of Kokko's mobile apps including Kokko Beauty (collectively, the “Sites”) is conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of these Sites constitutes your agreement to all such terms, conditions, and notices. These Sites may contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Kokko website or mobile app, then these terms shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THESE SITES.

By accessing or using these Sites, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use these Sites.

 

Modification of These Terms Of Use

Kokko reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited any charges associated with the use of these Sites. You are responsible for regularly reviewing these terms and conditions.

 

Use of Sites; Personal and Non-Commercial Use Limitation

Unless otherwise specified, these Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from these Sites. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of these Sites solely for your own noncommercial use, or to place an order with Kokko or to purchase Kokko products. Any other use of materials on these Sites, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of these Sites, without prior written permission of Kokko is strictly prohibited. Harassment in any manner or form on these Sites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Kokko employee, host, or representative or other members or visitors on these Sites is prohibited. You may not upload to, distribute, or otherwise publish through these Sites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on these Sites or use these Sites to solicit others to join or become members of any other commercial online service or other organization.

 

Copyrights and Trademarks

The entire content included in these Sites, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Kokko. The collective work includes works that are licensed to Kokko. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Kokko, or other respective owners that have granted Kokko the right and license to use such Marks.

 

Notices and Procedures for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Kokko respects the intellectual property of others, and we ask our users and visitors to do the same. Kokko will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Kokko will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Kokko the following information. Please be advised that to be effective, the Notification must include ALL of the following:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on these Sites;
  4. your address, telephone number, and email address and all other information reasonably sufficient to permit Kokko to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement should be directed to legal@kokkoinc.com. (Please include "Notice of Infringement" in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING KOKKO THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

 

Termination

These terms and conditions are applicable to you upon your accessing these Sites and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Kokko without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

 

Third-Party Links

In an attempt to provide increased value to our visitors, these Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Kokko, Kokko has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kokko. Kokko has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Kokko sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Kokko seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Sites, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

 

Claims

Each claim or statement about the effectiveness of Kokko products and/or each claim or statement comparing the effectiveness of Kokko products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on these Sites.

 

Disclaimer

Kokko makes no warranties or representations about the accuracy or completeness of these Sites content or the content of any site or External Sites. Kokko does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software. THESE SITES AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, PHOTOS, COLORS, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KOKKO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. KOKKO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THESE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES OR THE SERVER(S) THAT MAKES THESE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KOKKO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THESE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY. IN NO EVENT SHALL KOKKO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF KOKKO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THESE SITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification

You agree to indemnify, defend, and hold harmless Kokko, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account or mobile device (including negligent or wrongful conduct), by you or any other person accessing these Sites using your Internet account or mobile device.

 

Applicable Laws

Your use of this Site shall be governed in all respects by the laws of the state of Delaware, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to these Sites (including but not limited to the purchase of Kokko products) shall be in the state or federal courts located in Delaware. Any cause of action or claim you may have with respect to these Sites (including but not limited to the purchase of Kokko products) must be commenced within one (1) year after the claim or cause of action arises. Kokko's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kokko may assign its rights and duties under this Agreement to any party at any time without notice to you.

Kokko makes no representation that materials in these Sites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access these Sites from locations outside Delaware do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Delaware.

 

Arbitration

By using this Site, you agree that Kokko, at its sole discretion, may require you to submit any disputes arising from the use of these Sites, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

 

General

Kokko may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at these Sites.