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Terms & Conditions

Terms and conditions for use of DsKiss (“Terms”)

The following describes the terms and conditions applicable to your access and use of the DsKiss.com website.

By accessing and using the DsKiss website, you agree to be bound by these terms and conditions and DsKiss's privacy policy located at Privacy Policy which are incorporated herein by reference (together, the “Agreement”). If you do not agree to these terms and conditions, do not enter the DsKiss websites. DsKiss provides its services subject to the following conditions:

By using DsKiss services, you agree to these conditions. Please read them carefully.

1. General Provisions

DsKiss receives compensation for referring buyers to the retailers, brands, merchants, and other partners (“Affiliate Shops”)participating in the Services (“Retailers”). Compensation received by DsKiss may play a part in whether retailers and products appear on our Services, where they are placed, and how we promote them to you. The Services provided at the sole discretion of DsKiss and subject to your compliance with this Agreement. The Services and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by DsKiss in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement.DsKiss does not sell any products.

2. Eligibilty to use the site

The Site is not intended for Users under the age of 13, and only persons of the age of 18 or older may register on the Site. DsKiss does not knowingly collect personally identifiable information from Users under the age of 13. Such Users are expressly prohibited from using the site, from submitting their personally identifiable information to us, and from registering as a Member.

Users agree not to impersonate other persons, not to provide false information and not to rely on the identity or identification of other Users displayed on the Site because DsKiss does not employ any means to verify the true identity of registered users.

3. Registration on site

You may be required to create a DsKiss account (“Account”) by registering and selecting a password and username to use certain Services. You may not select or use the Account belonging to another person. Each individual person is limited to one Account. You shall provide DsKiss with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. DsKiss reserves the right to refuse registration of, or cancel a DsKiss User ID in its discretion.

If you are accessing the site through a third party site or service (such as “Login with Facebook or Google”), DsKiss may require that your DsKiss login credentials be the same as your login credentials for such third party site or service. By providing your third party account credentials to DsKiss, you are consenting to have the information in those accounts transmitted into your DsKiss account. You shall only use third party accounts owned by you and not by any other person or entity.

4. User submitted data

In the course of using the site, you and other users may provide content or information which may be used by DsKiss in connection with the site and which may be visible to certain other users. By posting information, images, video, blogs, or other content on the site or otherwise providing User Submissions to DsKiss or in connection with the site, you hereby grant to

  • DsKiss a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right to fully exploit (including without limitation, reformatting, modifying, creating derivative works of, and translate) such User Submissions (including all related intellectual property rights) in connection with the Services and DsKiss’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the site (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so; and
  • Each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.

You understand that all information publicly posted or privately transmitted through the site is the sole responsibility of the person from which such content originated and that DsKiss will not be liable for any errors or omissions in any such content.

5. Property Rights

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If any person believes in good faith that materials on the Site infringes his copyright, he (or his agent) may send DsKiss a notice requesting that the material be removed, or access to it blocked, by writing to support {a-t} DsKiss.com
This notice must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works).
  • Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow DsKiss to locate the material on the site.
  • The name, address, telephone number, and email address (if available) of the complaining party;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.loc.gov/copyright for details. DsKiss suggests that persons who believe that their copyrights have been violated consult a legal advisor before filing a notice. There can be penalties for false claims under the DMCA.

6. Contents

  • Copyrights: All materials displayed or performed on the site, including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video, and User Submissions (also known as the “Content”), are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you,
    1. Without the express prior written consent of DsKiss or the respective owners, and
    2. In any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
  • Objectionable or Illegal Content:You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by DsKiss in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
  • Company’s Right to Remove Content. DsKiss reserves the right to remove any Content from the Services at any time, for any reason or no reason in its sole discretion.
  • No Endorsement. You acknowledge that DsKiss does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee.

7. Price and availability of products and accuracy of product details displayed on website

DsKiss strives to ensure but does not warrant that the prices stated by DsKiss in its Product Info and displayed on the Site are current. However, by using this Site, the User acknowledges that prices are determined, and often changed, by Affiliate Shops and that actual purchase prices may vary from those listed on the Site. The User further acknowledges that in the event of a conflict between the price stated in Product Info on the Site and the price listed by an Affiliate Shop on its website, the purchase price of any product is the price listed by the Affiliate Shop. As affiliate shops may change product information time to time, Price, availability, product photo, and product information displayed on DsKiss may not be accurate. User should verify the final price, and other information on the affiliate shop itself before making any purchase. Users acknowledge that DsKiss prices do not include sales tax. Sales tax will be determined by the shipping address of the order.

Users acknowledge that DsKiss does not update Product Info (including prices) on the Site in real time. Users acknowledge that DsKiss makes no representations about product availability, and that products displayed on the Site may no longer be available for purchase from an Affiliate Shop at the time of a User’s redirection to the Affiliate Shop’s website.

8. Disclaimer of warranty:

The services and content are provided “as is” and “as available” and without warranty of any kind, express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement. We make no warranty as to the quality, accuracy, currentness, completeness, reliability or validity, including, without limitation, any product search results, product descriptions, product availability, pricing information advice, opinion, statement, recommendations, or other information displayed, uploaded, or distributed in connection with the service. DsKiss does not warrant that the functionality of the services will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful components. Further, DsKiss does not warrant, guarantee or make any representations regarding the content, the quality of, or accuracy of advertisements or of any products or services offered or provided by its retailers in connection with the services.

Certain features, functionality, and/or content offered on or through the Site may be hosted, administered, run or otherwise participated in by third parties, including but not limited to, our affiliate shops. These third parties may require that Users agree to their terms, conditions, contracts, agreements and/or rules. Compliance with any such additional terms, conditions, contracts, agreements and/or rules is solely the responsibility of Users, and will have no effect on the continuing obligation of Users to comply with these terms and conditions. DsKiss expressly disclaims any and all liability in connection with the acts or omissions of such third parties.

9. Limitation of liability

DsKiss is not responsible for incomplete, incorrect, lost, delayed, late, misdirected, garbled, damaged, illegible, undeliverable, or incompletely received communications or messaging between DsKiss and users for any reason, including by reason of hardware, software, browser, network, communications system failure, malfunction, delay, or congestion, or any incompatibility at our servers or elsewhere, or for any other technical problems, any form of active or passive filtering by a user’s computer, mobile or other device or access provider, insufficient space on user’s computer, mobile or other device or account, or any other cause or combination thereof.

DsKiss shall not be liable to users or any third parties for any direct, indirect, special, consequential, exemplary or punitive damages allegedly sustained arising out of these terms and conditions, the service, the site, the community, any sale or purchase made directly or indirectly through the site, use or misuse of any merchandise, products and/or services, including without limitation content, user’s ability or inability to access, visit and/or use the service, including damage to a user’s computer, mobile or other device, or for software disabling devices, time bombs, viruses, worms, bugs, or devices or defects of similar nature alleged to have been obtained from the service, a user’s access, visitation, and/or use of, or reliance on, the service or any of the merchandise, products, services and/or content available on or through the service, regardless of the type of claim or the nature of the cause of action, even if DSKISS is advised of the possibility of such damages. In no event shall DsKiss pay any amount of damages to any user for any claim arising out of these terms and conditions.

DsKiss is not liable for any unauthorized acquisition of personal details of Users by third parties, such as by hackers.

10. Privacy

For information regarding DsKiss’s treatment of personal information, please review our current Privacy Policy.

11. Electronic Communications

We may communicate with you regarding the Services by electronic communications or direct mail using the information you provide to us when you sign for an Account, contact us through our support services, or provide us your email to receive marketing communications. We may send you periodic communications that are service related, such as information impacting your Account, as well as periodic shopping-related emails that highlight offers or promotions from DsKiss or DsKiss Retailers. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current email address should the same change subsequent to the date you provide it to us. We may also send you push notifications if you install our mobile application. You may opt out of receiving certain communications in accordance with our Privacy Policy.

12. Modification and termination

DsKissreserves the right to modify, discontinue, terminate or suspend any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. DsKissmay terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease.

Upon any termination, all provisions of this Agreement which by their nature are intended to survive performance hereof by you or DsKiss, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.

13. User of DsKiss website

  • DsKiss provides information to Users about the products and websites of its Affiliate Shops (“Product Info”) on the Site. This Product Info has been provided to DsKiss by its Affiliate Shops. DsKiss and the Affiliate Shops are independent contractors that have contracted at arm’s length with one another, and not partners or joint ventures. DsKiss and Affiliate Shops operate their respective businesses and websites independently at all times.
  • DsKiss is not responsible for its Affiliate Shops’ websites or web content, nor any other third party’s website or web content referred to (by link or otherwise) on the Site. DsKiss display of Product Info does not constitute an endorsement of such products, Affiliate Shops or their websites.
  • DsKiss reserves the right to modify how it displays Product Info and to add, delete or suspend transmission of such Product Info through its Site at any time, with or without cause, and without prior notice to Users.
  • Products displayed or described within Product Info on the Site are Affiliate Shop products, not DsKiss products. These Terms and Conditions govern the use of the Service offered by DsKiss, and do not constitute terms or conditions imposed by Affiliate Shops on Users. Purchase of the products displayed within Product Info on the Site is a purchase from the Affiliate Shop and constitutes a transaction between the Affiliate Shop and the User alone.
  • If a User clicks on Buy now button on the Site, the User will be redirected to the website of an Affiliate Shop offering the corresponding product. Before a User makes a purchase from the Affiliate Shop website, the User should verify information about the product to be purchased with the Affiliate Shop, including the purchase price and availability of the product.

14. Use of the DsKiss Community

  • Scope and Services
    1. DsKissallows Users who register through the Site (“Members”) free membership to the DsKiss Community (“Community”). Members acknowledge that they are also Users of the Site.
    2. The following features (“Features”) are available to Members through the Community:
    3. A Member may create his/her own user profile (“Profile”) and add content to his/her Profile (such as photos and text), save his/her own personal information (such as dress size and favorite shops), and store and create lists of favorite products.
    4. A member may make comments or provide recommendations and reviews for products, brands, shops, classes and/or other Members, may view other Members’ Profiles, may follow and/or contact other Members, and may store personalized searches and receive personalized search results
    5. A Member may use the thumb/like symbol on the Site to express a favorable opinion on, or select, Content on the Site, such as products, other Members’ profiles, articles, or comments.
    6. A Member may use the heart symbol on the Site to save the products in their wishlist or other lookboard
    7. Lookboards are member made lists containing different products. Lookboard may be private or public. A member may view or follow other member’s public lookboards. By following other member’s lookboard, the member agrees to receive notifications regarding any changes in the followed boards.
    8. DsKiss may suggest new Members, trendsetters, articles, brands, categories, Lookboards or shops to Members by email or to their Profile, based on Members’ activities within the Community.
    9. Participation as a Member is free of charge.
  • Registration
    1. During the registration process, Users may be asked to provide personal information, including full name, gender, email address, username and password. Users are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer, and agree to accept responsibility for all activities that occur under their account or password. DsKiss reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
    2. Users agree not to make false statements about themselves and not to register under a false identity. Members shall promptly notify DsKiss of changes to information required for registration.
    3. Users may register for the Community using an existing email address or an existing Facebook account or an existing Google account. If a User uses an email address for such registration, the User will choose a password for access to the Community. Members should keep their passwords private. Except under a subpoena or other compelling directive by a court of law, DsKiss will not disclose passwords to any third party. DsKisswill not ask Members for their password except when the Member seeks access to the Site.
    4. DsKisscannot and does not guarantee that any personal information provided by any Member about him/herself is accurate. Members warrant to independently verify the accuracy of the displayed information about other Members and not to rely on the information displayed on the Site, including the Community and any Content.
  • Member Obligations
    1. Members are responsible for all photos, texts, commentaries, videos, audio files, collages, multimedia and other materials that they add to the Community, even if such content is “embedded content” or links to third party websites which the Member posts to the Site (collectively, “Member Content” or “Content”).
    2. Members agree that they will not violate any law, civil or criminal, in connection with their use of the Site.
    3. Members agree that they will not engage in personal attacks, use any language that is, or post, upload, transmit, send or otherwise make available any Content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through the Site.
    4. iv. Members agree that they will not use any language that is, or post, upload, transmit, send or otherwise make available on or through the Site any Content about a group that is, hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia.
    5. Members agree that they will not post Member Content or link to any content or website that (a) infringes third party rights (including without limitation patents, design patents, trademarks, copyrights, domains, privacy rights, naming rights) and/or (b) violates any applicable law, including without limitation, competition law.
    6. Members agree that they will not use names, mailing addresses, telephone numbers, email addresses, or any other personally identifiable information of third parties without the express consent of such third parties.
    7. Members agree that they will not upload or to link to and/or send content, generated by machine, or chain emails, viruses, worms, trojans or other software or elements which endanger the Community or its Members. Without notice, DsKiss may delete any mass mailings or other mass distributions to Members in order to ensure the quality of use of the Community for other Members desired by DsKiss.
    8. Members agree that they will not accept benefits from third parties for positive rating or evaluations on the Site or to promise such benefits to third parties.
    9. Members agree that they will not use the Community for their own commercial purposes or for any other non-personal use.
    10. Members agree that they will not use tools, algorithms, or other automatic functions to generate page views or Member Content.
    11. Members will not allow any third party access to the Community through their Profile, regardless of whether such third party is a Member.
    12. Affiliate Shops which become Members may not rate their own Content nor form agreements with third parties in order to receive positive ratings for the Content of such Affiliate Shops.
    13. Members may delete their own Content.
  • Grant of Rights
    1. Each Member grants DsKiss and other Members the non-exclusive right to use its Member Content for the duration of membership.
    2. Each Member agrees that DsKissdistributes, advertises or other displays Member-contributed Content in the Community which may be in the form of smaller images of Content generated by DsKiss(“thumbnails”), which may be found by Search Engines for their distribution and display outside of the DsKiss Site.
    3. Each Member grants DsKiss and its Affiliate Shops a non-exclusive, transferable right to use his/her Member Content for the duration of membership for the purpose of commercially exploiting and utilizing the Member Content and for the benefit and purposes of the Community and other purposes. The rights granted hereunder include:
    4. The rights of DsKiss to store, archive, copy, distribute, transmit, publish, broadcast and publicly communicate Content, regardless of the method of transfer/transmission (particularly via the Internet, mobile digital services and telecommunications platforms and services, TV, satellite, radio, cable or print) to be received by any device.
    5. The right of DsKiss to export, link to or submit Content to a third party in whole or in part, from the Community on DsKiss appearances on social media platforms and other interpersonal communication or user-driven online services, such as Facebook and Twitter, in the Community, or make such Content available to third parties to then forward it to those platforms and services.
    6. DsKiss grants its Members the non-exclusive, limited, revocable right to display screenshots of their own content on other websites, including, without limitation, blogs and social media sites.
    7. The Parties mutually grant these rights only for non-disparaging uses.
  • Responsibility for Content
    1. Members are solely responsible for their own Content.
    2. If DsKiss becomes aware of any illegal Content or any Content which breaches these Terms, DsKiss may delete such Content immediately, and DsKiss may refer such information to the appropriate authorities without first corresponding with the Member whose account displays such content.
  • Infringement, Exclusion and Withdrawal from the Community
    1. If a Member breaches any of these Terms and Conditions, DsKiss may in its sole discretion and without prejudice to any other claims exclude the Member from the Community, without prior notice and subsequent recourse, and suspend or block, at DsKiss’s discretion, that Member’s profile and/or delete the Content posted by that Member, temporarily or permanently.
    2. If a Member believes that any Content infringes the rights of a third party, applicable laws or these Terms and Conditions, please provide a detailed description of the offending content by e-mail to:service@DsKiss.com
    3. If a Member deletes its own Profile and leaves the Community, DsKiss will delete that Member’s Profile and the Content uploaded by that Member. However, this provision does not extend to Content sent, exported or otherwise transferred to third parties or other social media platforms by DsKiss or a Member during their membership with the Community.
  • Consent to Receive Newsletters
    1. Each Member expressly consents to receiving the DsKiss newsletter with articles about Affiliate Shops through its Profile or to its designated email address.
    2. Each Member expressly consents to receiving a personalized newsletter from DsKiss based on its liked articles or the information on its Profile through its Profile or to its designated email.

 

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