TERMS & CONDITIONS
Welcome to http://killabears.com/ or Killaverse Productions LLC.
These Terms & Conditions (“Agreement" or "Terms”) are a contract between you and Killaverse Productions LLC, which shall act as the company and operator of the website and application which are available on IOS and Android gadgets as Killabears.
The "Company"), shall be an e-commerce corporation that uses its website and applications to sell products to you, collect payment and process your returns.
Company”, "we”, "us" and "our" shall refer to Killabears and "you" or "your" shall refer to the user of the Services (as defined below).
These Terms govern your use of our website and applications at (the "Site," that hyperlink to this Agreement, any other written, electronic, and oral communications with Killabears and its affiliated entities, or any websites, pages, applications, features, or content owned and operated by us that hyperlink to this Agreement (collectively, including the Site, the "Services").
By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, registering an account, or contributing content or other materials to the Site, you expressly understand, acknowledge and agree that you have read and understood the Terms and agree to be bound by such terms found on the Site.
By downloading the application to access or use the service offered by Killabears, registering an account, you explicitly understand and you agree that you have read these terms and conditions and shall comply and be bound by them and any other policies herein.
You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms.
1.2 Updates to the Terms.
1.3 Acceptance of Terms.
To purchase with us, you need to have legal capacity therefore be 18 years old. Any accessing, browsing, or otherwise using the Services indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms, then you reserve the right to immediately discontinue access or use of our services.
*Please read this Agreement carefully before proceeding. *
2. USE OF OUR SERVICES
You represent and warrant that you are at least 18 years old or visiting the Services under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, the Company hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, for our Apps, only for the purpose of using the services on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by the Company in advance.
Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations on Use.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify or otherwise exploit the Services or any portion of them unless expressly permitted by the Company, in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by the Company, Vendors, Sellers and Users in advance.
The Company reserves the right to refuse service and terminate accounts in its discretion, including, without limitation, if we believe that the user’s conduct violates applicable law or is harmful to our company's and other customers' interests.
Killabears Corporation shall act in good faith to benefit all Users.
You further agree not to:
- Use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
- Use the Services in any manner that could disable, overburden, damage, or impair the Site or any other party’s use of the Services;
- Use any robot, spider or other manual or automated device, process, software or means to index or access the Service for any purpose;
- Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
- Otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and Termination.
In order to access some features available on the Services, you will have to create an account. You may not use another person’s account. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site or in a manner consistent with the terms and conditions of this Agreement, and the Company has no obligation to investigate the authorization or source of any such access or use of the Services.
Killabears shall not be a party to transactions made outside the website or application therefore not liable to such transactions.
From time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.
We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we believe you have breached these Terms.
You may terminate your account at any time, for any reason, by following any such instructions within the Site or App, or by contacting us as described in the "Contact Us" section below. If your account is terminated, you may lose the assets in your account if you do not contact us.
By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.
When you use our Services, you agree to disclose to us your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary.
4. Subscription Fee and Payment.
All Fees are correct at the time of entering the information on to the system.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation. The service charges may fluctuate as a result of the nature and circumstances of the business with or without notice.
You may use the payment methods specified on the local Site, which may include Visa, MasterCard, American Express, PayPal, Stripe and online banking etc.
When you click "Buy subscription” or “Authorize Payment" and “continue “, you are confirming that the credit card is yours. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.
5. INTELLECTUAL PROPERTY AND OWNERSHIP
The Services, including all of their information and content, such as the text, software, scripts, designs, graphics, photos, sounds, music, videos, and interactive features (collectively, "Content") provided as part of the Services belong at all times to the Company or to those who grant us the license for their use and is protected by copyright laws in your own country and international copyright laws.
You may use the Content only to the extent that we or the usage licensers authorize expressly.
6. THIRD PARTY LINKS AND RESOURCES
Our Site and Apps may contain links to third-party sites or advertisements that are not owned or controlled by us. References on our Site and Apps to any names, marks, products or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
7. FORCE MAJEURE
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control. Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control.
It shall be understood that our obligations deriving from the Terms or other contracts may be suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill deliveries.
8. LIMITATION OF LIABILITY
PLEASE READ THIS CLAUSE CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE COMPANY TO YOU.
- (1) By USING THE SERVICES, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AN "AS IS", "AS AVAILABLE" AND "WITH ALL DEFAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- (2) WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
- (3) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.
- (4) KILLABEARS SHALL NOT BE LIABLE FOR ANY DISCREPANCIES OR DISPUTES THAT OCCUR IN THE PURCHASE, FINANCIAL TRANSACTIONS, SHIPPING AND DELIVERY OF PRODUCTS.
9. LEGAL DISPUTES
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation or the use of the Services shall be governed by and construed in accordance with the laws of Connecticut without regard to its conflict of law provisions.
Any dispute arising out of or in connection with this agreement and the use of the Services, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of Connecticut.
Nothing in this Clause shall affect the statutory rights you as a consumer have, as recognized in any applicable legislation in this area.
Waiver of class or consolidated actions.
All claims and disputes must be litigated on an individual basis and not on a class basis.
10. LEGAL TERMS
Entire Agreement; No Waiver.
These Terms, together with our privacy and cookie policies and any other legal notices published on the Site, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services.
If any provision of the Terms is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
Modification or Termination of Services
Killabears reserves the right to terminate, suspend or modify their services at any time with or without notice.
In construing or interpreting the Terms, headings are for convenience only, and not to be considered.
Your use of our Site and the product purchase contracts through said Site shall be governed by Connecticut laws and regulations.
Any legal obligation, rights or agreements that emanate from your use of the website shall be governed the Laws of California.
11. CONTACT US
We welcome your questions and comments about our privacy practices or these Terms. You may contact us anytime via email at [email protected]. or via mailing address; 136 Kingsland Road #1067 Clifton, NJ 07014 United States
Effective on: April 14, 2022