Conditions of Use - Kanemtrade

Term and Conditions

Last updated: 07th August 2024

Welcome to Kanemtrade.com. Sofset Technologies and/or its affiliates ("Kanemtrade") provide website features and other products and services to you when you visit or shop at Kanemtrade.com, use Kanemtrade products or services, use Kanemtrade applications for mobile, or use software provided by Kanemtrade in connection with any of the foregoing (collectively, "Kanemtrade Services"). By using the Kanemtrade Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.

Please read these conditions carefully.

We offer a wide range of Kanemtrade Services, and sometimes additional terms may apply. When you use a Kanemtrade Service (for example, Your Profile, Gift Cards, Kanemtrade Video, Your Media Library, Kanemtrade devices, or Kanemtrade applications) you also will be subject to the guidelines, terms, and agreements applicable to that Kanemtrade Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Kanemtrade Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Kanemtrade Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through other Kanemtrade Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Kanemtrade Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Kanemtrade or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Kanemtrade Service is the exclusive property of Kanemtrade and protected by U.S. and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Kanemtrade Service are trademarks or trade dress of Kanemtrade in the U.S. and other countries. Kanemtrade's trademarks and trade dress may not be used in connection with any product or service that is not Kanemtrade's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kanemtrade. All other trademarks not owned by Kanemtrade that appear in any Kanemtrade Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kanemtrade.

PATENTS

One or more patents owned by Kanemtrade apply to the Kanemtrade Services and to the features and services accessible via the Kanemtrade Services. Portions of the Kanemtrade Services operate under license of one or more patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Kanemtrade or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Kanemtrade Services. This license does not include any resale or commercial use of any Kanemtrade Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Kanemtrade Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Kanemtrade or its licensors, suppliers, publishers, rightsholders, or other content providers. No Kanemtrade Service, nor any part of any Kanemtrade Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kanemtrade. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kanemtrade without express written consent. You may not use any meta tags or any other "hidden text" utilizing Kanemtrade's name or trademarks without the express written consent of Kanemtrade. You may not misuse the Kanemtrade Services. You may use the Kanemtrade Services only as permitted by law. The licenses granted by Kanemtrade terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Kanemtrade account to use certain Kanemtrade Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Kanemtrade does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Kanemtrade Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Kanemtrade Household. Alcohol listings on Kanemtrade are intended for adults. You must be at least 21 years of age to purchase alcohol or use any site functionality related to alcohol. Kanemtrade reserves the right to refuse service, terminate accounts, terminate your rights to use Kanemtrade Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Kanemtrade reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Kanemtrade a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kanemtrade and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Kanemtrade for all claims resulting from content you supply. Kanemtrade has the right but not the obligation to monitor and edit or remove any activity or content. Kanemtrade takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Kanemtrade respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS

All purchases of physical items from Kanemtrade are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS, AND TITLE

Kanemtrade does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Kanemtrade does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.

PRODUCT DESCRIPTIONS

Kanemtrade attempts to be as accurate as possible. However, Kanemtrade does not warrant that product descriptions or other content of any Kanemtrade Service is accurate, complete, reliable, current, or error-free. If a product offered by Kanemtrade itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Kanemtrade and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Kanemtrade.

With respect to items sold by Kanemtrade, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Kanemtrade is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

SANCTIONS AND EXPORT POLICY

You may not use any Kanemtrade Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Kanemtrade Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Kanemtrade Software), technology, and services.

OTHER BUSINESSES

Parties other than Kanemtrade operate stores, provide services, or sell product lines through the Kanemtrade Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals (including the content of their Web sites). Kanemtrade does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE KANEMTRADE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KANEMTRADE SERVICES ARE PROVIDED BY KANEMTRADE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KANEMTRADE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KANEMTRADE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KANEMTRADE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KANEMTRADE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, KANEMTRADE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KANEMTRADE DOES NOT WARRANT THAT THE KANEMTRADE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KANEMTRADE SERVICES, KANEMTRADE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM KANEMTRADE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, KANEMTRADE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY KANEMTRADE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY KANEMTRADE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Kanemtrade Service, or to any products or services sold or distributed by Kanemtrade or through Kanemtrade.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.