Terms and Conditions | Kiss

Terms & Conditions

This Web site (the "Site") and all other Web sites owned, operated or maintained directly or indirectly by Kiss Products, including, without limitation, kissusa.com, broadwaynails.com, pinkbykiss.com, and kisscolors.com (the "Kiss Products Sites") are provided by Kiss Products, Inc. and/or its affiliated companies (collectively "Kiss Products") for your information, personal entertainment and non-commercial enjoyment, subject to these Terms and Conditions of Use and all modifications hereto, in addition to all applicable laws and any other policies that may be posted from time to time on the Kiss Products Sites applicable to your use of the Kiss Products Sites (as amended by Kiss Products from time to time, the foregoing being collectively referred to as the "Terms and Conditions").

By using the Kiss Products Sites, you are deemed to have agreed to these Terms and Conditions. If you do not agree with these Terms and Conditions, you do not have the right to access or otherwise use the Kiss Products Sites and, accordingly, you should not do so. Kiss Products may change these Terms and Conditions at any time, with or without cause, and without actual notice to you. Such changed Terms and Conditions shall be posted on the Kiss Products Sites. You should check these Terms and Conditions periodically for changes prior to using the Kiss Products Sites. By using the Kiss Products Sites following any modifications to these Terms and Conditions, you agree to be bound by any such modifications.

The Kiss Products Sites are intended and directed to residents of the United States and all advertising and claims contained in the Kiss Products Sites are valid only in the United States.

Unless otherwise noted, the content on the Kiss Products Sites is intended for non-commercial purposes only. User agrees to use the Kiss Products Sites only for lawful, noncommercial purposes. Except as expressly permitted, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the Kiss Products Sites.

Impersonation of others, including, without limitation, a Kiss Products employee, host, or representative, as well as other members or visitors on the Kiss Products Sites is prohibited. Users may not upload commercial content on the Kiss Products Sites or use the Kiss Products Sites to solicit others to join or become members of any other commercial online service or other online or offline organization.

All information concerning users of the Kiss Products Sites is subject to our Privacy Policy. Please refer to our Privacy Policy whenever you provide information to the Kiss Products Sites.

Kiss Products welcomes user comments, information and submissions. In addition, you and other users of the Kiss Products Sites from time to time may have an opportunity to post certain knowledge, material, or commentary on the Kiss Products Sites, including, but not limited to, comments on our products, advertising and other promotional materials or events, as well as other facts, advice, "tips," and opinions. Subject to our Privacy Policy, all information and other content that you post on the Kiss Products Sites will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Site.

By your posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials on the Kiss Products Sites ("User Content") in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Kiss Products Sites from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Without limitation of the foregoing, you agree not to use the Kiss Products Sites to:

(a) upload, post, e-mail, or otherwise transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals);

(b) upload, post, e-mail, or otherwise transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability;

(c) harm any person in any way;

(d) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

(e) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Kiss Products Sites or any computer software or hardware or telecommunications equipment or any other similarly destructive activity;

(g) interfere with or disrupt the Kiss Products Sites or servers or networks linked to the Kiss Products Sites, or disobey any requirements, procedures, policies, or regulations of networks linked to the Kiss Products Sites;

(h) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law;

(i) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Kiss Products Sites, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability;

(j) use the Kiss Products Sites for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; or

(k) solicit other guests of the Kiss Products Sites to become members of any commercial on line service or other group or organization.(a) upload, post, e-mail, or otherwise transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals);

(b) upload, post, e-mail, or otherwise transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability;

(c) harm any person in any way;

(d) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

(e) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Kiss Products Sites or any computer software or hardware or telecommunications equipment or any other similarly destructive activity;

(g) interfere with or disrupt the Kiss Products Sites or servers or networks linked to the Kiss Products Sites, or disobey any requirements, procedures, policies, or regulations of networks linked to the Kiss Products Sites;

(h) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law;

(i) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Kiss Products Sites, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability;

(j) use the Kiss Products Sites for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; or

(k) solicit other guests of the Kiss Products Sites to become members of any commercial on line service or other group or organization.

You acknowledge and agree that User Content you view or post on the Kiss Products Sites is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content.

You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of Kiss Products, and Kiss Products does not support or endorse any User Content or any other content or otherwise posted by you or any other user.

You acknowledge that Kiss Products does not pre-screen, monitor, review, or edit the User Content posted by you and other users on the Kiss Products Sites. However, Kiss Products and its designees have the right (but not the obligation) at their sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in Kiss Products' judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate, or inaccurate. Any or all postings on or through the Kiss Products Sites may be purged periodically in Kiss Products' sole discretion. Kiss Products is not responsible for any failure, non-failure, or delay in removing such User Content. In this regard, you acknowledge that you may not rely on any User Content available on the Kiss Products Sites, whether created by Kiss Products or submitted to Kiss Products.

User Content includes the opinions, statements and other content of third parties, not Kiss Products. Kiss Products does not endorse any such opinions, statements or other content posted on or accessible through the Kiss Products Sites. Kiss Products does not assume any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by Kiss Products' receipt or acceptance of any such materials.

Any User Content submitted by you to the Kiss Products Sites will be deemed non-proprietary and non-confidential and may be used by Kiss Products without restriction. By submitting or sending information, material, or any other communication to Kiss Products including User Content, you grant Kiss Products the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. Kiss Products and its affiliates may use or otherwise transfer or dispose of any and all User Content without restriction and users of the Kiss Products Sites shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by Kiss Products. Notwithstanding the foregoing, personally identifiable data shall be handled in accordance with Kiss Products' Privacy Policy.

You understand that the technical processing and transmission of the Kiss Products Sites may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Kiss Products assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the Kiss Products Site.

You agree that you will not harvest, collect or store information about the users of the Kiss Products Sites or the User Content or use such information for any purpose inconsistent with the purpose of the Kiss Products Sites or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

As between Kiss Products and you, except for User Content, Kiss Products is the sole owner of all content on the Kiss Products Sites, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the Kiss Products Sites ("Kiss Products Proprietary Material"). The compilation (meaning the collection, arrangement and assembly) of all Kiss Products Proprietary Material on the Kiss Products Sites is the exclusive property of Kiss Products. The contents of the Kiss Products Sites are copyrighted under United States copyright laws. Except as otherwise provided in these Terms and Conditions, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the Kiss Products Proprietary Material or any portion thereof, for any purpose. You may, however, (1) print a copy of individual screens appearing as part of the Kiss Products Sites solely for your personal, non-commercial use or records, provided that any marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens, and (2) download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included or accessed through the Kiss Products Sites and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such materials for any commercial purpose. Modification of the materials appearing on the Kiss Products Sites or use of such materials for any other purpose is a violation of Kiss Products' copyright and other proprietary rights.

By using the Kiss Products Sites, you agree to defend, indemnify, and hold harmless Kiss Products, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising in any way from or in connection with your use of the Kiss Products Sites or any service available on or through the Kiss Products Sites, the uploading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any Kiss Products Proprietary Material, or any violation of these Terms and Conditions, our Privacy Policy or any other policy posted from time to time on the Kiss Products Sites applicable to your use of the Kiss Products Sites, by you.

You may be able to link to third party Web sites ("Linked Sites") from the Kiss Products Sites. Kiss Products is not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein. Kiss Products cannot ensure that you will be satisfied with any products or services that you purchase from Linked Sites, since such sites are owned and operated by independent third parties. Kiss Products does not make any representations or warranties as to the security of any information you might be requested to give to any third party. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such Linked Sites and any content contained thereon. In no event shall Kiss Products be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. Kiss Products reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Kiss Products Sites and/or introduce different features or links to different users.

Other sites may link to the Kiss Products Sites only through a plain-text link subject to the prior written approval of a duly authorized employee of Kiss Products. To seek our permission, please contact us at the address below. Kiss Products reserves the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Kiss Products Sites, at our discretion, with or without cause, at any time.

VISITORS TO THE KISS PRODUCTS SITES AGREE THAT THEIR USE OF THE KISS PRODUCTS SITES IS AT THEIR OWN SOLE RISK. THE KISS PRODUCTS SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, KISS PRODUCTS (INCLUDING ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE KISS PRODUCTS SITES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KISS PRODUCTS ALSO MAKES NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND KISS PRODUCTS HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE KISS PRODUCTS SITES MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. KISS PRODUCTS AND ITS AFFILIATES DO NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE KISS PRODUCTS SITES BY ANYONE OTHER THAN AUTHORIZED KISS PRODUCTS EMPLOYEES ACTING IN SUCH CAPACITY.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE KISS PRODUCTS SITES, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE KISS PRODUCTS SITES, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. KISS PRODUCTS DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE KISS PRODUCTS SITES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE KISS PRODUCTS SITES WILL BE UNINTERRUPTED OR ERROR-FREE.

KISS PRODUCTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE KISS PRODUCTS SITES. YOU (AND NOT KISS PRODUCTS OR ANY OF ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL KISS PRODUCTS OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE KISS PRODUCTS SITES, EVEN IF KISS PRODUCTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE KISS PRODUCTS SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KISS PRODUCTS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING KISS PRODUCTS'S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

Kiss Products controls and operates the Kiss Products Sites from our offices in the State of New York, United States of America. While we invite visitors from all parts of the world to visit the Kiss Products Sites, visitors acknowledge that the Kiss Products Sites, and all activities available on and through the Kiss Products Sites, are governed by the laws of the United States of America and the laws of the State of New York. We do not represent that materials on the Kiss Products Sites are appropriate or available for use in other locations. Persons who choose to access the Kiss Products Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that the laws of the State of New York, excluding its conflicts-of-law rules, and these Terms and Conditions, Kiss Products' Privacy Policy and any other policies posted from time to time on the Kiss Products Sites applicable to your use of the Kiss Products Sites shall govern your use of the Kiss Products Sites. You agree that the UN Convention on Contracts for the International Sale of Goods does not apply. Please note that your use of the Kiss Products Sites may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Kiss Products or relating in any way to your use of the Kiss Products Sites resides in the courts of the County of Nassau, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Nassau, State of New York, in connection with any such dispute and including any claim involving Kiss Products or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the Kiss Products Sites must be commenced within one year after the act or omission giving rise to the claim or cause of action arose. Kiss Products' failure to insist upon or enforce any provision of these Term and Conditions shall not be construed as a waiver of any provision or right of Kiss Products. Kiss Products may assign its rights under these Terms and Conditions to any party at any time without notice to you.

Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to:

Customer Service at Kiss Products, Inc.
57 Seaview Boulevard
Port Washington, NY 1105

You agree that Kiss Products may send notices to you regarding your use of the Kiss Products Sites by means of electronic mail, a general notice posted on the Kiss Products Sites or by written communication delivered either by overnight courier or US mail to your email or mailing address as appearing in Kiss Products' records from time to time.

These Terms of Use were last updated in January, 2013.

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