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Terms of Service

Terms of Service

This Terms of Service (this “Terms of Service”) is agreed to between Pop Your Paws LLC d/b/a Kissed Designs (“Kissed”) and you, or if you represent an entity or other organization, that entity or organization, (in either case, “you”).  Kissed offers end users (“Users”) the ability to access information, data, and other content (“Content”), and to shop for products (the “Products”) described on the website located at www.kisseddesigns.com or other websites operated by Kissed (each, a “Website”).  This Terms of Service applies to the Website and the Content and Products available through the Website. 

PLEASE CAREFULLY READ THIS Terms of Service. BY ACCESSING OR USING THE WEBSITE and content (regardless of whether any products are purchased), YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE.  IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS THIS TERMS OF SERVICE, KISSED IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE WEBSITE OR CONTENT AND YOU MUST NOT ACCESS OR USE THE WEBSITE OR CONTENT OR PURCHASE ANY PRODUCT.  IF YOU ACCESS OR USE THE WEBSITE OR CONTENT, OR IF YOU PURCHASE ANY PRODUCTS, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE.

This Terms of Service includes the terms and conditions below and the current Privacy Policy relating to the Website.  You are responsible for compliance with this Terms of Service (including the Privacy Policy).  Unless you later enter into any other agreements with Kissed regarding the Website, Content or Products, this Terms of Service is the complete and exclusive agreement between you and Kissed regarding your access to and use of the Website and Content, and the purchase of Products.  This Terms of Service supersedes any prior agreement or proposal, oral or written, and any other communications between you and Kissed relating to your use of the Website or Content as a User of the Website, or your purchase of any Products.

  1. Definitions.  Terms used in this Terms of Service have the definitions given in this Terms of Service or, if not defined in this Terms of Service, have their plain English meaning as commonly interpreted in the United States.

  2. Term.  This Terms of Service is entered into as of the earlier of the date you first accessed the Website or used the Website or Content (the “Effective Date”) and will continue until terminated as set forth herein.

  3. Modifications.  Kissed reserves the right, at any time, to modify the Website, Content, or Products, with or without notice to you, by making those modifications available on the Website.  Kissed also reserves the right, at any time, to modify this Terms of Service.  Kissed will inform you of the presence of any changes to this Terms of Service by posting those changes on the Website or by providing you with notice through the Website.  Any modifications will be effective immediately upon posting on the Website or delivery of such notice through the Website.  You may terminate this Terms of Service as set forth below if you object to any such modifications.  However, you will be deemed to have agreed to any and all modifications through your continued use of the Website or Content following such notice period.

  4. Eligibility.  The Website and Content are intended for use by individuals 13 years of age and older.  If you are a parent or guardian of a child under 13, then you may allow your child to access the Website or Content only under your direct supervision.  You will not allow your child to access the Website or Content than under your direct supervision and you will be solely responsible for all access to and use of the Website or Content by your child.  If you are 13 or older but younger than 18, then you may access and use the Website and Content, and you may purchase Products only if your parent or guardian accepts this Terms and Service on your behalf.  If you are a parent or guardian agreeing to this Terms of Service for the benefit of a child age 13 or older but under 18, then you agree you will be solely responsible for all access to and use of the Website or Content, and the purchase of any Products.

  5. Account.  You may be required to establish an account on the Website (an “Account”) to access portions of the Website or Content, or to purchase Products.  Approval of your request to establish an Account will be at the sole discretion of Kissed.  Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature.  Each Account is for your personal use and each Account ID may be used only by you alone.  You may not distribute or transfer your Account or Account ID or provide a third party with the right to access your Account or Account ID.  You are solely responsible for all use of the Website and Content, or Products purchased through your Account.  You will ensure the security and confidentiality of your Account ID and will notify Kissed immediately if any Account ID is lost, stolen, or otherwise compromised.  You are fully responsible for all liabilities and damages incurred through the use of your Account or under any Account ID (whether lawful or unlawful) and that any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by you.  In connection with establishing an Account (if applicable), you will be asked to submit certain information about yourself (“Registration Information”).  You agree that: (a) all Registration Information that you provide will be true and complete; and (b) you will maintain and promptly update your Registration Information to keep it accurate and current.  You may not: (i) use or input Registration Information of another person with the intent to impersonate that person; and (ii) use or input Registration Information that Kissed, in its sole discretion, deems offensive.

  6. Access. 

    a. To the Website.  Subject to your compliance with this Terms of Service, Kissed will permit you to access and use the Website solely for lawful purposes and only in accordance with this Terms of Service and any other agreement you agree to with Kissed before being given access to any specific aspects of the Website.  Any additional agreement is in addition to this Terms of Service and will govern your use of the portions of the Website to which the additional agreement applies in the event of a conflict between the terms of this Terms of Service and the additional agreement.  You are solely responsible for obtaining and maintaining all equipment, facilities, and connectivity required to access or use the Website, in each case as necessary to meet your operational and business requirements based on your particular circumstances.

    b. To Content.  You may be provided with access to a variety of Content through the Website, including, text, audio, video, photographs, maps, illustrations, event announcements, product and service descriptions, graphics, and other data, information, and media.  Unless otherwise noted on the Website, all Content available through the Website is owned by Kissed and Kissed’s other third party providers.  All Content is provided for informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content.  Subject to your compliance with this Terms of Service, you may access the Content solely for your own personal purposes in connection with your use of the Website (including the purchase of Products).  You will not, and will not permit any third party to: (i) alter, modify, reproduce, or create derivative works of any Content; (ii) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (iii) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Content.  Certain Content may include or be based on data, information or content from third party providers (“Third Party Content”).  Kissed has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Third Party Content provided through the Website.  Without limiting the foregoing, Kissed will not be held liable to you or any other third party for any Third Party Content under a Federal Law the Communications Decency Act or CDA, 47 U.S.C. § 230.  Except as set forth in this Terms of Service, you are granted no licenses or rights in or to any Content, or any IPR (as defined below) therein or related thereto.  If you would like to use the Content in a manner not permitted by this Terms of Service, please contact Kissed.  

    c. To Third Party Services.  The Website may provide you with the choice to access services developed, provided, or maintained by other third party service providers (“Third Party Services”).  In addition to the terms of this Terms of Service, your access to and use of any Third Party Services is also subject to any other agreement you may agree to before being given access to the Third Party Services (each, a “Third Party Service Agreement”).  The terms of any Third Party Service Agreement (which may include payment of additional fees) will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the terms of this Terms of Service.  Except as set forth in this Terms of Service, the terms of any Third Party Service Agreement will control in the event of a conflict between the terms of this Terms of Service and that Third Party Service Agreement.  

  7. Purchases.  In addition to any Content available for no charge through the Platform, you may be offered the opportunity to purchase or otherwise obtain Products through the Website for additional fees.  Any purchase will be subject to any terms and conditions displayed in connection with the purchase in addition to the terms of this Terms of Service.  Unless otherwise indicated on the Website, purchases made by you through the Website cannot be exchanged and any fees or charges in connection with those purchases are non-refundable.  All information that you provide in connection with a purchase or other transaction through the Website will be accurate complete and current.  You authorize Kissed (or a company chosen to act on behalf of Kissed) to charge the credit card, debit card, mobile services account, or other payment method provided in connection with any transaction made through the Website and agree to honor all charges incurred in connection with any such transaction.  

  8. Termination.  This Terms of Service may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under this Terms of Service.  Upon termination or expiration of this Terms of Service for any reason: (a) all rights granted to you under this Terms of Service will terminate; and (b) you will immediately cease all use of and access to the Website and all Content (including, without limitation, all Content you obtained prior to termination).  Sections 1 (“Definitions”), 8 (“Termination”), 10 (“Technology”), 11 (“Ownership”), 12 (“Representations and Warranties), 13 (“No Warranties; Disclaimers”), 14 (“Indemnity”), 15 (“Limitation on Liability”), 16 (“Release”), 17 (“Data Privacy”), 18 (“Feedback”), 19 (“Disputes”), 20 (“Governing Law and Venue”), 21 (“Notices”), 22 (“Linked Sites”), and 23 (“Additional Terms”) will survive any expiration or termination of this Terms of Service.'

  9. Suspension.  Without limiting Kissed’s right to terminate this Terms of Service, Kissed may also suspend your access to the Website or any Content, with or without notice to you, upon any actual, threatened or suspected breach of this Terms of Service or applicable law or upon any other conduct deemed by Kissed, in its sole discretion, to be inappropriate or detrimental to the Website, Kissed, or any other User or third party.

  10. Ownership.  Any art, graphics and/or other images appearing on any Products (collectively “Images”) are copyrighted and all rights to such Images shall exclusively belong to Kissed and/or its licensors and third party providers. You receive no ownership interest in or to the Images and you are not granted any right or license to use the Images themselves, apart from your ability to purchase Products containing such Images.  The Kissed name, logo, and all product and service names associated with the Website, Content, and Products are trademarks of Kissed and its licensors and third party providers and you are granted no right or license to use them.

  11. Representations and Warranties.  

    a. Mutual.  Each party hereby represents and warrants to the other party that: (i) it has the legal right and authority to enter into this Terms of Service; (ii) this Terms of Service forms a binding legal obligation on behalf of such party; and (iii) it has the legal right and authority to perform its obligations under this Terms of Service and to grant the rights and licenses described in this Terms of Service.

    b. Compliance with Laws.  You acknowledge that the Website is a general purpose online service and is not specifically designed to facilitate compliance with any specific law.  You represent and warrant to Kissed that your use of and access to the Website, including any Content, will comply with all applicable laws, rules, or regulations (“Laws”) and will not cause Kissed itself or any other third party to violate any applicable Laws.  Kissed is not responsible for notifying you of any such Laws, enabling your compliance with any such Laws, or for your failure to comply.  

  12. No Warranties; Disclaimer.  THE WEBSITE, CONTENT, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  KISSED, its licensors, AND PROVIDERS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF THE WEBSITE OR ANY CONTENT AND DO NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE EXPRESSED IN THE CONTENT OR OTHER DATA, INFORMATION, OR third party CONTENT THAT MAY BE PROVIDED THROUGH THE WEBSITE.  Kissed AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, CONTENT, PRODUCTS AND OTHER SUBJECT MATTER OF this Terms of service, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Kissed, ITS EMPLOYEES, PROVIDERS, OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.

  13. Indemnity.  You hereby agree to indemnify, defend, and hold harmless Kissed and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising in any manner from: (a) your access to or use of the Website or Content (b) your collection, use, and disclosure of any Content; (c) your violation of applicable Laws; and (d) your breach of any representation, warranty, or other provision of this Terms of Service.  Kissed will use reasonable efforts to provide you with notice of any such claim or allegation, and Kissed will have the right to participate in the defense of any such claim at its expense.

  14. Limitation of Liability.  Kissed WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE WEBSITE or CONTENT, OR purchase of any products, EVEN IF Kissed HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT OR SERVICES.  Kissed’s TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH this Terms of Service AND ALL CONTENT AND products PROVIDED UNDER this Terms of Service OR THROUGH THE WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $100.  YOU AGREE THAT Kissed WOULD NOT ENTER INTO this Terms of Service WITHOUT THESE LIMITATIONS ON ITS LIABILITY.  IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, Kissed’s LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  15. Release.  You hereby release and forever discharge Kissed and its affiliates, employees, agents, contractors, assigns, licensees, and successors in interest from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, the Website, Content, or Products. 

  16. Data Privacy.  You expressly consent to the use and disclosure of your personal information as described in the Privacy Policy.  Notwithstanding anything in the Privacy Policy, Kissed will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from your access to and use of the Website or Content or purchase of any Products.  To the extent any such non-personally identifiable data or information is collected or generated by Kissed, the data and information will be solely owned by Kissed and may be used by Kissed for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated form, without directly identifying you or any other entity or natural person as the source thereof.

  17. Feedback.  If you provide Kissed any feedback or suggestions regarding the Website, Content or Products (“Feedback”), you hereby assign to Kissed all rights in the Feedback and agree that Kissed shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to you.  Kissed will treat any Feedback you provide to Kissed as non-confidential and non-proprietary.  You agree that you will not submit to Kissed any information or ideas that you consider to be confidential or proprietary. 

  18. Disputes.  Except as otherwise provided below, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to the Website, Content, Products and/or this Terms of Service, including the formation, validity, binding effect, interpretation, performance, breach or termination, of this Terms of Service and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to this Terms of Service (each, a “Dispute”), in accordance with the procedures set forth in this Section.  If any Dispute cannot be resolved through negotiations between the parties within five days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration of the Judicial Arbiter Group (“JAG”) then in effect (the “Rules”).  Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules.  The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the “Initial Period”) after either party to this Terms of Service delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules.  The arbitration will be conducted exclusively in the English language at a site specified by Kissed in Denver, Colorado, U.S.A. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator.  The award of the arbitrators will require payment of the costs, fees, and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party.  Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof.  Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.

  19. Governing Law and Venue.  The interpretation of the rights and obligations of the parties under this Terms of Service, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Colorado, U.S.A. as such laws apply to contracts between Colorado residents performed entirely within Colorado without regard to the conflict of laws provisions thereof.  Subject to Section titled Disputes, each party will bring any action or proceeding arising from or relating to this Terms of Service exclusively in a federal or state court in Denver, Colorado, U.S.A., and each party irrevocably submit to the personal jurisdiction and venue of any such courts in any such action or proceeding brought in such courts.

  20. Notices.  Unless otherwise specified in this Terms of Service, any notices required or allowed under this Terms of Service will be provided to Kissed by postal mail to the address for Kissed listed on the Website.  Kissed may provide you with any notices required or allowed under this Terms of Service by sending you an email to any email address you provide to Kissed in connection with your use of the Website, provided that in the case of any notice applicable both to you and other Users of the Website, Kissed may instead provide such notice by posting on the Website.  Notices provided to Kissed will be deemed given when actually received by Kissed.  Notice provided to you will be deemed given immediately after posting to the Website or sending via e-mail, unless (as to email) the sending party is notified that the email address is invalid.

  21. Linked Sites.  The Website may contain links to third party sites or content that are not under the control of Kissed.  If you access a third party site or content from the Website, then you do so at your own risk and Kissed is not responsible for any content on any linked site or content.  You may establish a link to the Website, provided that the link does not state or imply any sponsorship or endorsement of your site by Kissed or any group or individual affiliated with Kissed.  You may not use on your site any Content or marks appearing on the Website or Website in establishing the link.  You may not frame or otherwise incorporate into another site the content or other materials on the Website without Kissed’s prior written consent.

  22. Additional Terms.  Unless otherwise amended as provided herein, this Terms of Service will exclusively govern your access to and use of the Website and Content, and the purchase of Products, and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding your access to and use of the Website, Content, and the purchase of Products.  Except as expressly set forth in this Terms of Service, this Terms of Service may be amended or modified only by a writing signed by both parties.  All waivers by Kissed under this Terms of Service must be in writing or later acknowledged by Kissed in writing.  Any waiver or failure by Kissed to enforce any provision of this Terms of Service on one occasion will not be deemed a waiver by Kissed of any other provision or of such provision on any other occasion.  If any provision of this Terms of Service is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force.  The prevailing party in any lawsuit or proceeding arising from or related to this Terms of Service will be entitled to receive its costs, expert witness fees, and reasonable attorneys’ fees, including costs and fees on appeal.  Neither this Terms of Service nor any rights or obligations of you hereunder may be assigned or transferred by you (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of Kissed.  Any assignment in violation of the foregoing will be null and void.  Kissed may assign this Terms of Service to any party that assumes Kissed’s obligations hereunder.  The parties hereto are independent parties, not agents, employees of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.  Any reference herein to “including” will mean “including, without limitation.”  Upon request from Kissed, you agree to provide Kissed with such documentation or records with respect to your activities under this Terms of Service as may be reasonably requested for Kissed to verify your compliance with all applicable Laws and the terms of this Terms of Service.