TERMS OF SERVICE
We appreciate your visit to Tinykem Store. By accessing our website, you agree to the following policies.
OVERVIEW
We, the store, operate this website. Throughout the site, the terms “we”, “us” and “our” refer to Tinykem Store. Upon your acceptance of all terms, conditions, policies and notices stated here, Tinykem Store provides this website, including all information, tools and services, to you, the user.
Visits to our site and/or purchases from us constitute our “Service,” and you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), as well as any additional terms and conditions and policies referenced herein or accessible by hyperlink. All users of this site are subject to these Terms of Service, including browsers, vendors, customers, merchants, and/or content contributors.
Before accessing or using our website, please read these Terms of Service carefully. You agree to be bound by these Terms of Service by using or accessing any part of the site. In the event that you do not agree to all of the terms and conditions in this agreement, you may not use the website or any of the services. Acceptance of this offer is strictly limited to these Terms of Service if these Terms of Service are considered an offer.
Any additional features or tools incorporated into the existing store will also be governed by the Terms of Service. The most up-to-date version of the Terms of Service can be found on this page at any time. We retain the right to modify, amend, or substitute any portion of these Terms of Service by publishing updates and/or revisions on our website. It is your responsibility to regularly check this page for any updates. By continuing to use or access the website after any changes are made, you agree to abide by those changes.
TERMS AND CONDITIONS FOR ONLINE STORES
As a condition of your agreement to these Terms of Service, you confirm that you are at least the age of majority in the state or province where you live, or that you are the age of majority in your state or province of residence and you have given us your consent to let any of your minor dependents use this site.
Our products may not be used for any illegal or unauthorized purposes, nor may you use the Service in violation of any laws in your jurisdiction (including copyright laws).
It is forbidden to transmit any worms, viruses, or destructive code.
Your Services will be immediately terminated if you breach or violate any of the Terms.
GENERAL CONDITIONS – SECTION 2
At any time, we reserve the right to refuse service to anyone.
Your content (not including credit card information) may be transferred unencrypted and may be transmitted over various networks, and may require changes to conform to technical requirements of connecting networks and devices. The transfer of credit card information over networks is always encrypted.
It is prohibited for you to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without our prior written permission.
These Terms are not limited or affected by the headings used in this agreement.
Information Accuracy, Completeness, and Timeliness
The information on this site may not be accurate, complete or current, and we are not responsible for it. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You are solely responsible for any reliance you may make on the material on this site.
We reserve the right to change the content of this site at any time, but we are not obligated to update any information on our site. Historical information, by definition, is not current and is provided for your reference only. The contents of this site may be changed at any time, but we are not obligated to do so. It is your responsibility to monitor any changes to our site.
MODIFICATIONS TO SERVICE AND PRICES SECTION 4
We reserve the right to change the prices of our products at any time.
The Service (or any part or content thereof) may be modified or discontinued at any time without notice.
In the event of a modification, price change, suspension or discontinuance of the Service, we shall not be liable to you or to any third party.
(If applicable) SECTION 5 – PRODUCTS OR SERVICES
The website may offer products or services that are exclusively available online through the website. These products and services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Despite our best efforts, we cannot guarantee that your computer monitor’s display of any color will be accurate.
We retain the right, without obligation, to restrict our product or service sales to individuals, geographic areas, or legal jurisdictions. We may exercise this right on an as-needed basis. Additionally, we may limit the quantities of products or services available for purchase. Please note that all product descriptions and prices are subject to alteration at any time at our sole discretion. We also maintain the right to discontinue any product at any given time. Any offers for products or services on this site are invalid in locations where prohibited by law.
It is not guaranteed that any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
THE ACCURACY OF BILLING AND ACCOUNT INFORMATION SECTION 6
We have the right to decline any order made by you. We can also choose to restrict or cancel the number of items purchased per person, household, or order at our discretion. This may include orders with the same customer account, credit card, billing address, or shipping address. If we do make changes to or cancel an order, we will try to inform you through the email and/or billing address/phone number provided when the order was placed. Our sole judgment allows us to limit or reject orders that seem to be made by dealers, resellers, or distributors.
Your purchase and account information must be current, complete, and accurate. For us to complete your transactions and contact you as needed, you agree to promptly update your account and other information, including your email address, credit card number, and expiration date.
Please review our Returns Policy for more details.
TOOLS AVAILABLE AS OPTIONS
You may have access to third-party tools that we do not monitor or control.
The tools are provided “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement on our part. Your use of optional third-party tools shall not be subject to our liability.
Use of optional tools offered through the site is at your own risk and discretion, and you should ensure that you understand the terms on which the tools are provided by the relevant third-party provider(s).
Likewise, we may, in the future, offer new services and/or features on the website (including the release of new tools and resources).
THIRD-PARTY LINKS SECTION 8
Third-party content, products, and services may be available through our Service.
This site may contain links to third-party websites not affiliated with us that direct you to them. In addition, we do not warrant or accept any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services provided by third parties.
In connection with third-party websites, we are not liable for any harm or damages resulting from the purchase or use of goods, services, resources, content, or any other transactions. Before engaging in any transaction, please review carefully the third party’s policies and practices. Any complaints, claims, concerns, or questions should be directed to the third party responsible for the product.
COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS FROM USERS
If you send us certain specific submissions at our request (such as contest entries) or send us creative ideas, suggestions, proposals, plans, or other materials without a request from us, whether it be online, via email, postal mail, or any other means (collectively referred to as ‘comments’), you agree that we have the right to freely edit, copy, publish, distribute, translate and use these comments in any medium without restriction. We are not obligated in any way (1) to keep your comments confidential; (2) to provide compensation for your comments; or (3) to reply to your comments.
We may, but have no obligation to, monitor, edit or remove content that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates intellectual property rights or these Terms of Service in our sole discretion.
By submitting your comments, you acknowledge and agree not to infringe upon any rights of third parties, such as copyrights, trademarks, privacy, personality or other personal or proprietary rights. Additionally, you understand that your comments must not contain defamatory or unlawful content, nor should they be harmful or obscene in nature. Furthermore, you must refrain from including any computer viruses or malware that may compromise the functionality of our Service or associated websites. It is important to note that you are prohibited from using a false email address, impersonating another individual, or misleading us or others regarding the authorship of your comments. Please keep in mind that you are solely responsible for the accuracy of your comments and we hold no responsibility for any comments made by you or any third party.
PERSONAL INFORMATION SECTION 10
To view our Privacy Policy, please click here. Personal information submitted through the store is governed by our Privacy Policy.
PART 11 – ERRORS, INACCURACIES, AND OMISSIONS
From time to time, our site or Service may have information with typographical errors, inaccuracies or omissions regarding product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We hold the right to rectify any mistakes, inaccuracies or omissions, and to modify or cancel orders if any information on the Service or our affiliated websites is deemed inaccurate without prior notice (even after your order has been placed).
Except as required by law, we do not have any obligation to update, amend or clarify information in the Service or on any related website, including pricing information. It is not intended to be taken to mean that all information in the Service or on any related website has been updated or modified if no update or refresh date is indicated in the Service or on any related website.
PROHIBITED USES IN SECTION 12
You are prohibited from using the site or its content, in addition to other prohibitions set forth in the Terms of Service:
In any unlawful manner;
B) to solicit others to commit any unlawful act;
Violation of international, federal, provincial, or state regulations, rules, laws, or local ordinances;
A violation of our intellectual property rights or the intellectual property rights of others;
Harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
False or misleading information;
(g) to upload or transmit viruses or any other kind of malicious code that will or may affect the functionality or operation of the Service, any related website, other websites, or the Internet in any way;
(h) collecting or tracking other people’s personal information;
To spam, phish, pharm, pretext, spider, crawl, and scrape;
For obscene or immoral purposes;
If you violate any of these prohibited uses, we reserve the right to terminate your use of the Service or any related website.
LIMITATIONS OF LIABILITY; DISCLAIMER OF WARRANTIES
No guarantee, representation, or warranty is made by us that your use of our service will be uninterrupted, timely, secure, or error-free.
The results obtained from using the service are not guaranteed to be accurate or reliable.
We reserve the right to remove the service for an indefinite period of time or to cancel the service at any time without prior notice to you.
By using the service, you acknowledge that any risks associated with its use are solely your responsibility. The service, as well as any products and services provided through it (unless otherwise stated by us), are offered on an “as is” and “as available” basis, without making any warranties or guarantees of any kind, whether explicit or implied. These may include but are not limited to merchantability, quality, fitness for a specific purpose, durability, title, and non-infringement.
Under no circumstances will Tinykem Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be held responsible for any harm or loss incurred. This includes but is not limited to direct or indirect damages such as lost profits or data, regardless of the legal basis for such damages. This applies to your use of our services and any products obtained through them as well as any claims related to said use. We cannot guarantee the accuracy or completeness of any content on our service and will not be liable for any losses resulting from its use. Please note that some states or jurisdictions may not allow the exclusion or limitation of consequential or incidental damages; in these cases, our liability will be restricted to the maximum extent permitted by law.
INDEMNIFICATION – SECTION 14
In order to protect Tinykem Store and our related entities, including but not limited to our parent company, subsidiaries, and business partners, as well as our officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, you agree to indemnify and defend us from any claims or demands made by a third-party. This includes any legal fees incurred as a result of your violation of these Terms of Service or any referenced documents, or your infringement upon the rights of others.
SEVERABILITY – SECTION 15
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, but any remaining provisions shall remain valid and enforceable.
TERMINATION – SECTION 16
All obligations and liabilities of the parties shall survive the termination of this agreement.
It is possible to terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services.
ENTIRE AGREEMENT – SECTION 17
In the event we fail to exercise or enforce any right or provision of these Terms of Service, such failure shall not constitute a waiver of such right or provision.
Our Terms of Service and any policies or operating rules posted on this site or relating to The Service constitute our entire agreement and understanding regarding your use of the Service, superseding any previous or contemporaneous agreements, communications, or proposals between you and us (including, but not limited to, any previous versions of the Terms of Service).
The drafting party shall not be held liable for any ambiguities in these Terms of Service.
GOVERNING LAW – SECTION 18
The laws of the state in which you reside will govern and construe these Terms of Service and any separate agreements whereby we provide you Services.
CHANGES TO THE TERMS OF SERVICE – SECTION 19
This page contains the most current version of the Terms of Service.
It is your responsibility to periodically check our website for changes. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Continuing to access or use our website after any changes have been posted constitutes acceptance of those changes.
CONTACT INFORMATION – SECTION 20
We can be reached at [email protected] if you have any questions about the Terms of Service.