Terms of Service Agreement

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Kimberly Pucci LLC, also known as Kimberly Pucci, Kimberly Pucci Atelier and Kimberly Pucci Vault, located at 449 Thames Street #300 B, Newport, RI 02840 and our subsidiaries and affiliates, in association with the use of the Kimberly Pucci website, which includes kimberlypucci.com, (the “Site”) and its Services, which shall be defined below.
INTELLECTUAL PROPERTY OWNERSHIP & USE
Please be aware that as you visit and navigate the Site, your use is subject to applicable laws governing the ownership and use of intellectual property, including but not limited to Kimberly Pucci LLC’s trademarks and copyrights.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of Kimberly Pucci LLC trademarks, copyright, trade names, service marks, and other Kimberly Pucci LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Kimberly Pucci LLC. You may not use any of the Kimberly Pucci LLC trademarks or trade dress without our prior written permission. Trademarks and trade dress include but are not limited to the Kimberly Pucci, Kimberly Pucci Atelier and Kimberly Pucci Vault names and logos, as well as other graphics, logos, page headers, button icons, scripts, and names of Kimberly Pucci LLC's products, services, and programs. Any other trademarks that appear on the Site are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by Kimberly Pucci LLC.
COPYRIGHT
All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the Site, including in related emails and marketing materials, as well as the software used to create them, are owned or licensed by Kimberly Pucci LLC and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print hard copies from the Site solely for personal, non-commercial purposes. Any other use of any content included on the Site, including linking or framing to the Site, is strictly prohibited unless you first obtain Kimberly Pucci LLC’s prior written consent.
DESCRIPTION OF WEBSITE SERVICES OFFERED
Any and all visitors to kimberlypucci.com, whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the services provided are made available through our Site and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms, and downloadable programs. At its discretion, Kimberly Pucci LLC may offer additional website services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated. Kimberly Pucci LLC does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user and/or member, acknowledges, accepts and agrees that Kimberly Pucci LLC shall not be held liable for any such update, modification, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS-IS” and as such Kimberly Pucci LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
REGISTRATION
To register and become a “member” of kimberlypucci.com, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving kimberlypucci.com’s Services under the laws and statutes of the United States or other applicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
• furnish factual, correct, current and complete information with regard to yourself as may be requested by the data registration process, and
• maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Kimberly Pucci LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Kimberly Pucci LLC services, or any portion thereof.
It is Kimberly Pucci LLC’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Kimberly Pucci website platform services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age appropriate for his/her child.
PRIVACY POLICY
Every member’s registration data and various other personal information is strictly protected by the Kimberly Pucci LLC Online Privacy Policy (see the full Privacy Policy at kimberlypucci.com/privacy-policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Kimberly Pucci LLC and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
After completion of the registration data and creation of your username, you will receive a random password—which you can later change—and account designation. It shall be your responsibility to maintain the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Kimberly Pucci LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Kimberly Pucci LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or any Content for reasons including but not limited to the following: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, other websites, or the Internet. This list is in no way exhaustive. Kimberly Pucci LLC herein reserves the right to terminate your use of the Site for violating any prohibited uses.
Kimberly Pucci LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
• compliance with any legal process;
• enforcement of the TOS;
• responding to any claim that therein contained content is in violation of the rights of any third party;
• responding to requests for customer service; or
• protecting the rights, property or the personal safety of Kimberly Pucci LLC, its visitors, users and members, including the general public.
Kimberly Pucci LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Kimberly Pucci LLC or any other content providers supplying content services to Kimberly Pucci LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using Kimberly Pucci LLC to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you that you send through our network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Kimberly Pucci LLC shall not lay claim to ownership of any content submitted by any visitor, user or member, nor make such content available for inclusion on our website services. Therefore, you hereby grant and allow for Kimberly Pucci LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
The content submitted or made available for inclusion on the publicly accessible areas of Kimberly Pucci LLC’s Site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network services for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Kimberly Pucci LLC’s Site, and shall terminate at such time when you elect to discontinue your membership.
Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Kimberly Pucci LLC’s Site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network services for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Kimberly Pucci LLC’s site and shall terminate at such time when you elect to discontinue your membership.
For any other content submitted or made available for inclusion on the publicly accessible areas of Kimberly Pucci LLC’s Site, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Kimberly Pucci LLC’s Site are those such areas of our network properties which are meant to be available to the general public, and that which would include message boards and groups that are openly available to both visitors and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
INDEMNITY
All users and/or members herein agree to insure and hold Kimberly Pucci LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees, made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of kimberlypucci.com services or your connection with their services, your violations of the Terms of Service and/or your violation of any such rights of another person.
ERRORS & INACCURACIES
We always try to provide complete, accurate, up-to-date information on our Site. Despite those efforts, human or technological errors may occur. The Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
DISCLAIMER OF LIABILITY
We make no representations or warranties of any kind, whether express or implied, with respect to the Site, its content, or the information available on or through the Site; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of the Sites or any other site linked to the Site. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages. Your use of the Site is undertaken at your own risk.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Kimberly Pucci LLC’s Site.
TERMINATION
As a member of kimberlypucci.com, you may cancel or terminate your account, associated email address and/or access to our services by submitting a cancellation or termination request to clientservices@kimberlypucci.com.
As a member, you agree that kimberlypucci.com may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
• any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
• by way of requests from law enforcement or any other governmental agencies;
• the discontinuance, alteration and/or material modification to our Services, or any part thereof;
• unexpected technical or security issues and/or problems;
• any extended periods of activity;
• any engagement by you in any fraudulent or illegal activities; and/or
• the nonpayment of any associated fees that may be owed by you in connection with kimberlypucci.com’s account services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regard to the termination of your account, associated email address and/or access to any of our services.
The termination of your account with kimberlypucci.com shall include any and/or all of the following:
• the removal of any access to all or part of the Services offered within kimberlypucci.com;
• the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
• the barring of any further use of all or part of our Services.
LINKS
Either kimberlypucci.com or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Kimberly Pucci LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Kimberly Pucci LLC’s Services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Kimberly Pucci LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Kimberly Pucci LLC Services (e.g. Content or Products), in whole or part. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Kimberly Pucci LLC for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF KIMBERLY PUCCI LLC SERVICES IS AT THE SOLE RISK BY YOU. OUR SERVICES SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. KIMBERLY PUCCI LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KIMBERLY PUCCI LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) KIMBERLY PUCCI LLC SERVICES WILL MEET YOUR REQUIREMENTS; (ii) KIMBERLY PUCCI LLC SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE KIMBERLY PUCCI LLC SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF KIMBERLY PUCCI LLC SERVICES SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM KIMBERLY PUCCI LLC OR BY WAY OF OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT KIMBERLY PUCCI LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
• THE USE OR INABILITY TO USE OUR SERVICE;
• THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
• UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
• STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
• AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
NOTICE
Kimberly Pucci LLC may furnish you with notices, including those with regard to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Site, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Kimberly Pucci LLC will always respect the intellectual property of others, and we ask that all of our users to the same. With regard to appropriate circumstances and at its sole discretion, Kimberly Pucci LLC may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
• The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
• A description of the location of the site which you allege has been infringing upon your work;
• The physical address, telephone number, and email address;
• A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
• And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Kimberly Pucci LLC Agent for Notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Kimberly Pucci LLC
Attn: Copyright Agent
449 Thames Street #300B
Newport, RI 02840
Email: clientservices@kimberlypucci.com
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Kimberly Pucci LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Kimberly Pucci LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Kimberly Pucci LLC services, affiliate services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Kimberly Pucci LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the Rhode Island without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Kimberly Pucci LLC, shall be filed within the courts having jurisdiction within the County of Newport, Rhode Island or the U.S. District Court located in said state. You and Kimberly Pucci LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Kimberly Pucci LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within one year after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Kimberly Pucci LLC as follows:
Mailing Address:
Kimberly Pucci LLC
Attn: Copyright Agent
449 Thames Street #300B
Newport, RI 02840
Email: clientservices@kimberlypucci.com