Welcome to the Kittypod. (“Kittypod,” “we” or “us”) website, kittypod.com (the “Site”). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”). Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Kittypod. The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Kittypod.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, Kittypod shall issue you a refund.
Most Kittypod products displayed on the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases, all merchandise displayed on the Site may not be available for sale in stores.
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
User Generated Content
By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the “User Generated Content”) to the Site, you (A) grant, and represent and warrant that you have the right to grant, to Kittypod a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant Kittypod and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person, animal or entity. You further grant Kittypod the right to pursue at law any person or entity that violates your or Kittypod’s rights in the User Generated Content by a breach of these Conditions.
User Generated Content submitted by users is deemed non-confidential and Kittypod is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Kittypod reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Kittypod is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by Kittypod or its agents; you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release Kittypod from any claims that you could otherwise assert against Kittypod by virtue of any moral rights.
2. Use of Forums, Bulletin Boards, Blogs and Other Interactive Areas
The Site may contain forums, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Site (the “Interactive Areas”). If Kittypod provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
A. Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
B. Material that promotes illegal drug use, tobacco or firearms use;
C. Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
D. Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
E. Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
F. Unsolicited advertising or links to other commercial sites;
G. Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
H. Viruses, corrupted data or other harmful, disruptive or destructive files;
I. Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;
J. Material that communicates messages inconsistent with the positive good will of Kittypod;or
K. Material that, in the sole judgment of Kittypod, is objectionable, or which may expose Kittypod or its users to any harm.
Kittypod takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Kittypod liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, Kittypod is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although Kittypod has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, Kittypod reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site.
Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination or suspension of your permission to use the Site.
3. Comments and Submissions
Anything that you submit or post to the Site and/or provide Kittypod, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, “Comments”) is and will be treated as nonconfidential and nonproprietary, and Kittypod shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of Kittypod and shall not be returned to you. Kittypod is and shall be under no obligation (A) to pay any compensation for any Comments and (B) to respond to any Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Copyright Complaint Policy-Infringement Notification
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Kittypod that your copyrighted material has been infringed.
Please provide the following information in the following order (including Section Numbers):
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Site should be emailed to:
firstname.lastname@example.org re: copyright infringement
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, Kittypod has adopted a policy of terminating, in appropriate circumstances and at Kittypod’s sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. Kittypod may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
This site and the materials and products on this site are provided "as is" and without warranties of any kind. To the fullest extent permitted by law, Kittypod disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kittypod does not represent or warrant that this site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or anything else harmful. Kittypod does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. Kittypod reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation Of Liability
In not event shall kittypod or any of its affiliated entities or suplliers be liable for any indirect, special, punitive, incidentail, exemplary or consequential damages that result from (A) the use of or inability to use, the site; (B) the performance of the services, products and materials available from the site; or the conduct of other users of the site, even if Kittypod has been advised of the possibility of such damages. You assume total responsibility for your use of the site. Your only remedy against Kittypod for dissatisfaction with the site or any content, Kittypod's liability shall not exceed US $50.00. Some jurisdictions do not allow the disclaimer of some types of damages, so some of the above may not apply to you.
Unless otherwise specified and except to the extent Kittypod products are offered for sale in the United States and select foreign markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Kittypod products and services available in the United States and select foreign markets. This Site is controlled and operated by Kittypod from its offices in California. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Kittypod to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
We are not responsible for the content on, or privacy practices of, any non-Kittypod.com web site to which this Site links or that links to this Site.
Kittypod will not collect any personal information about you except when specifically and knowingly provided by you. Examples of such information are name, shipping and billing addresses, phone number, email address, credit card information and customer preferences data. Examples of ways in which we may collect such information from you include the following:
A. Registration or Ordering. Before using certain parts of this Site or ordering products, you must complete a registration form. When registering, you will be prompted to provide certain personal information, including but not limited to your name, shipping and billing addresses, phone number, email address, and credit card number. In addition, you may also be asked to provide your country of residence and/or your organization’s country of operation, so we can comply with applicable laws and regulations, and for your gender. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and this Site, and for internal marketing purposes. If we encounter a problem when processing your order, we will use the personal information to contact you.
B. Email Addresses. Some areas of the Site allow you to enter your email address for purposes including, but not limited to: registering for the Kittypod emailing list.
C. Cookies. Like most other websites, Kittypod uses cookie technology throughout this Site. A cookie is a small removable data file that is stored by your web browser on your computer. Cookies are used to provide customers with tighter security, customized content, tracking of orders and shopping cart items. Unfortunately, customers who turn off cookies in their browser settings will not be able to shop from this Site. However, customers who have disable cookies can still place orders over the telephone by contacting our customer service number at 1.310.392.8060. THIS SITE’S COOKIES DO NOT AND CANNOT INFILTRATE A USER’S HARDDRIVE TO GATHER A USER’S CONFIDENTIAL INFORMATION. Our cookies are not “spyware.”
We do not sell or rent information about our customers and all information provided to Kittypod remains absolutely confidential, except that:
A. We may share aggregate or summary information regarding our customers with partners, advertisers or other third parties. This data will never identify you personally.
B. We may share information with companies that provide support services to us (such as a printer, mailing house, fulfillment company or web host) or that help us market our products and services. These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose.
C. We will use your personal information to communicate with you about your orders and deliveries, and we may send you a confirmation email when you register/place an order with us. Also, if you submit your email address to sign-up for the Kittypod emails, we use it to deliver the information to you.
D. We may be required to disclose such information in response to subpoenas, court orders, requests from law-enforcement officials, or if we are otherwise required to disclose such information by law.
E. We may publicly disclose the name, city, and state of the winner of any online sweepstakes.
Protecting Your Information
Shopping on the Site is easy, secure and worry-free. We have taken several measures to guarantee that your order and your credit card information are safe and secure. Our servers use Secure Sockets Layer (SSL), an advanced encryption technology that works with Microsoft Internet Explorer (version 3.0 and above), Netscape Navigator (versions 2.0 and above), andAOL (AOL 3.0 and above), and the Site’s security has been tested & verified by McAfee Secure Sign.
SSL is considered the industry standard and is among the leading software available to encrypt online transactions. Your personal information including your name, credit card number and address is encrypted so that it cannot be read as it is transmitted over the Internet. Regardless of these efforts, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, any information you transmit to us is sent at your own risk.
Safe Shopping Guarantee
The Fair Credit Billing Act states that your bank cannot hold you liable for more than $50.00 of fraudulent credit card charges. If your bank does hold you liable for any amount up to the full $50.00, Kittypod will cover the entire liability, up to the full $50.00.
If you suspect unauthorized use of your credit card, you must notify your credit card according to its reporting rules and procedures.
Please note that Kittypod will cover this liability only if the unauthorized use of your credit card resulted through no fault of your own from purchases made at Kittypod online shopping while using our secure server.
We do not intentionally collect personally identifiable information from children under the age of thirteen. If we become aware that we have collected personally identifiable information from a user of the Site who is under the age of thirteen, we will remove that child’s personal information from our files.
Opt Out / Corrections
Upon your request, we will (a) correct or update your personal information; (b) stop sending emails to your email address; and/or disable your account to prevent any future purchases through that account. You can make these requests by emailing your request to Kittypod.com’s Customer Support department at email@example.com. Please clearly label the subject line “Opt Out / Corrections,” and do not email your credit-card number or other sensitive information.
Offline Collection, Use & Disclosure Of Information
Questions and Feedback
We welcome your questions, comments and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue at firstname.lastname@example.org.