TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE AND OUR SERVICES
These Terms of Use ("Terms") apply to your access to and use of www.kyostore.com (together with all subdomains, the "Site"), automated retail vending machines, and other related products and services (such products and services together with the Site, collectively, the "Services") provided by Kyo Store, Inc. ("Kyo Store").
Please read and review these Terms carefully before accessing or using the Services. By clicking "I Agree" when the option is made available to you or by accessing or using the Services, you acknowledge and agree that you have read, understood, and agreed to be bound and abide by these Terms, including the mandatory arbitration provision and class action waiver set forth in the Section titled "Dispute Resolution". If you do not agree to these Terms, do not access or use the Services.
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
Kyo Store may add to, change, or remove any part of these Terms at any time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, any changes to these Terms or any other terms posted on this Site apply as soon as they are posted. Continuing to use the Services after any changes are posted means that you accept and agree to those changes. You are expected to check this Site frequently so you are aware of any changes, as they are binding on you.
If you have any questions about these Terms or our Services, please contact us at Kyo Store Support.
PRIVACY
ELIGIBILITY
The Services are not intended for use by children. You must be at least 18 years of age (or the age of legal majority where you live) to use our Services and reside in the United States or Canada. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
Registration; Suspension of Account
If you elect to register to use the Services, to purchase any goods from the Site or through the Services, or to participate in any sweepstakes or contest, you will: (a) provide true, accurate, current, and complete information about yourself as prompted by any registration form used in our Services (the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it accurate. You are responsible for keeping your account information and password confidential, and you are responsible for all activity that occurs under and the security of your account. You will promptly notify us of any unauthorized use or if you suspect there has been any unauthorized use of your username, password, or other account information.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW
CONTENT
INTELLECTUAL PROPERTY; RESTRICTIONS ON USE
The Services and their entire contents, features, and functionality (including but not limited to all articles, artwork, screen shots, graphics, logos, digital downloads, information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) (collectively, "Content") are owned by Kyo Store or its affiliates and licensors, unless otherwise noted, and are protected by United States, Canadian, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All trademarks, service marks, and trade names are proprietary to Kyo Store or its affiliates and licensors unless otherwise expressly noted. Trademarks and copyrights for third-party games and characters are owned by the companies which market or license those products. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors.
These Terms permit you to use the Services for your personal, non-commercial use only. No Content from the Services or any other Internet site owned, operated, licensed, or controlled by Kyo Store may be copied, reproduced, republished, uploaded, posted, transmitted, adapted, adopted, or distributed in any way without our prior written consent. No Content may be used on any other website, in any publications, in public performances, in connection with any product or service that is not Kyo Store's, in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Kyo Store, or in any manner that is otherwise exploitative for any commercial purpose or that otherwise infringes Kyo Store's intellectual property rights. Kyo Store does not grant permission to individuals to use any Content from the Services.
Because we receive thousands of such requests, our policy is to decline use of our trademarks and copyrights. You acknowledge and accept that you have no property or other rights in any Content on the Services. Any use of the Services not expressly permitted by these Terms is strictly prohibited, a breach of these Terms, may violate copyright, trademark, and other laws, may give rise to civil and/or criminal prosecution and penalties, and will terminate the limited use rights granted herein.
REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS
In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Kyo Store by e-mail or by postal mail at the following address:
Designated Agent: Counsel
Address: 1234 M Street
1. Eligibility:
To use Kyo Store, you must be at least 18 years old (or the age of legal majority in your location) and reside in the United States or Canada. If you are under 18, you may use our services under the supervision of a parent or legal guardian.
2. Registration:
When you register for Kyo Store, you must provide accurate information. Keep your account secure, and notify us of any unauthorized use. We may suspend or terminate accounts for providing false or incomplete information.
3. Intellectual Property:
All content on Kyo Store is owned by us and protected by intellectual property laws. You may use our services for personal, non-commercial purposes only. Unauthorized copying, reproducing, or distributing of content is strictly prohibited.
4. User Submissions:
You can submit content to Kyo Store, granting us a license to use, share, and display that content. You retain ownership of your content.
5. Rules for Using Services:
Follow our rules when using Kyo Store. Do not engage in actions that interfere with the services, are abusive, illegal, or infringe upon the rights of others.
6. Third-Party Content:
We provide information about third-party products or services for your convenience. Kyo Store does not control or endorse these third-party offerings.
7. Transmitted Material:
Please be aware that messages or information sent through Kyo Store may not be completely private or secure. Kyo Store is not responsible for these transmissions.
8. Contests and Sweepstakes:
Specific rules for contests and sweepstakes will be provided for each event. You must read and agree to these rules before participating.
9. Terms of Sale:
All purchases through Kyo Store are subject to our Terms of Sale, which are an integral part of your agreement with us. By placing an order, you confirm that you are of legal age, reside in the United States or Canada, and accept these Terms of Sale.
10. Returns:
Our return policy is available on our website. Users may be denied a return if it does not meet the specified criteria.
11. Manufacturer's Warranty and Disclaimers:
Kyo Store does not provide warranties for products or services, but they may be covered by the manufacturer's warranty. All products and services are provided "as is."
12. General Services Disclaimer:
We provide our services "as is" and do not guarantee accuracy, completeness, or freedom from viruses. Your use of Kyo Store is at your own risk.
13. Limitation of Liability:
Kyo Store and its affiliates are not liable for any indirect, incidental, special, or consequential damages. In no event will their liability exceed $100.
14. Indemnification:
You must indemnify and defend Kyo Store against claims arising from violations of these terms or your use of our services.
15. Release:
You release Kyo Store from responsibility for disputes between users and actions of third parties.
DISPUTE RESOLUTION
Please carefully read this section, as it outlines the resolution of disputes and claims related to Kyo Store. It also describes the limitations on seeking relief from us unless you choose to opt out of arbitration as specified below. No class or representative actions or arbitrations are permitted under this arbitration provision. Furthermore, arbitration restricts your ability to file a lawsuit or have a jury trial.
(a) No Representative Actions.
You and Kyo Store agree that any dispute arising from or related to these Terms or our Services is personal to you and Kyo Store. Such disputes will be resolved through individual action and not brought as a class arbitration, class action, or any other representative proceeding.
(b) Arbitration of Disputes.
Except for small claims disputes where you or Kyo Store seeks to bring an individual action in small claims court in the county of your billing address or disputes involving requests for injunctive or other equitable relief due to alleged intellectual property infringement or misappropriation, both you and Kyo Store waive the right to a jury trial and to have any other dispute arising from or related to these Terms or our Services (collectively, "Disputes") resolved in court.
Instead, in the case of any Dispute against Kyo Store, you agree to first contact Kyo Store to try to resolve the claim informally. You can do this by sending a written notice of your claim ("Notice") via email to [email address] or by certified mail addressed to Kyo Store, ATTN: Legal Department, [address]. The Notice should: (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) specify the relief you are seeking. Kyo Store will provide a notice to you in a similar form as described above. If you and Kyo Store cannot reach an agreement to resolve the Dispute within thirty (30) days after the Notice is received, either party may submit the Dispute to binding arbitration administered by [Arbitration Provider] or, under the limited circumstances mentioned above, to court. All Disputes submitted to [Arbitration Provider] will be resolved through confidential, binding arbitration before a single arbitrator. Arbitration proceedings will take place in [Location], unless you are a consumer, in which case you may choose to hold the arbitration in your county of residence. A "consumer" means a person using the Services for personal, family, or household purposes. You and Kyo Store agree that Disputes will be conducted in accordance with the [Arbitration Provider] Streamlined Arbitration Rules and Procedures ("[Arbitration Provider] Rules"). The most recent version of the [Arbitration Provider] Rules is available on the [Arbitration Provider] website ([link to rules]), which are hereby incorporated by reference. You acknowledge and agree to have read and understood the [Arbitration Provider] Rules or waive your right to read them and any claim that they are unfair or should not apply for any reason.
(c) Applicability of Federal Arbitration Act.
You and Kyo Store acknowledge that these Terms impact interstate commerce, and the enforceability of this Section 15 will be governed substantively and procedurally by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the [Arbitration Provider] Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any class or representative proceeding, or preside over any proceeding involving more than one individual.
(d) Discovery and Confidentiality.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Kyo Store, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared, and presented for the purpose of the arbitration or related to the Dispute(s) therein. The arbitrator has the authority to make rulings to safeguard confidentiality, except when the law requires disclosure. The duty of confidentiality does not apply to the extent that disclosure is necessary for arbitration hearings, court applications for preliminary remedies, judicial challenges to arbitration awards or their enforcement, or as required by law or a judicial decision.
(e) Costs and Jurisdiction.
For any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Kyo Store will cover the remaining [Arbitration Provider] fees and costs. If Kyo Store initiates the arbitration, it will pay all [Arbitration Provider] fees and costs. Appeals and the enforcement of an arbitration award will fall under the exclusive jurisdiction of the state or federal courts of [State] and the United States sitting in [Location].
(f) Time Limit for Filing.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, meaning that you and Kyo Store will lose the right to assert the claim.
(g) Opt-Out of Binding Arbitration.
You have the right to opt out of binding arbitration within 30 days of accepting the terms of this "Dispute Resolution" section by notifying us via email at [email address]. To be effective, the opt-out notice must include your full name, address, and clear intent to opt out of binding arbitration. By opting out, you agree to resolve Disputes in accordance with Section [Reference to an alternative dispute resolution section if applicable].
(h) Severability.
If any part of this "Dispute Resolution" section is found to be unenforceable or unlawful for any reason: (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) the severance of the unenforceable or unlawful provision shall have no impact on the remainder of this "Dispute Resolution" section or the parties' ability to compel arbitration of any remaining claims on an individual basis; and (c) litigation of any claims that must proceed on a class, collective, consolidated, or representative basis will be in a civil court of competent jurisdiction and not in arbitration, with such litigation stayed until the outcome of any individual claims in arbitration. If any part of this "Dispute Resolution" section prohibits an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought outside of arbitration, and the remainder of this "Dispute Resolution" section will be enforceable.