Last Updated: June 13th 2023

These Terms of Service (“Terms”) provide the general terms and conditions that govern your access to, use of, and interactions with: (a) the website provided by KAMECUPS, INC. (“KAMECUPS”, “our”, “we”, or “us”) located at kamecups.com (the “Website”), (b) any KAMECUPS-controlled social media pages (including on Facebook, Instagram, TikTok, and Twitter), and/or (c) any content, functionality, and services offered on or through the Website and such KAMECUPS-controlled social media pages, as well as your purchases of any products or services provided by KAMECUPS (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN A MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 16, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT ON A CLASS-WIDE OR CONSOLIDATED BASIS OR BY A JURY TRIAL.

BY CLICKING “I ACCEPT” OR ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we state otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at info@kamecups.com.

Privacy

To learn more about how we collect, utilize, share, or otherwise handle your information, please refer to our Privacy Policy available at https://kamecups.com/privacy-policy.

Eligibility

To utilize our Services, you must meet the minimum age requirement of at least 18 years. If you are below 18 years of age (or the age of legal majority in your jurisdiction), you may only use our Services under the supervision of a parent or legal guardian who agrees to abide by these Terms. As a parent or legal guardian of a user under 18 years of age (or the age of legal majority), you assume full responsibility for the actions or omissions of the user concerning our Services. If you use our Services on behalf of another individual or entity, (a) all mentions of “you” in these Terms will encompass that individual or entity, (b) you confirm that you have the authorization to accept these Terms on behalf of that individual or entity, and (c) in the event of a violation of these Terms by either you or the represented individual or entity, the responsibility lies with that individual or entity. Furthermore, you are required to be a resident of the United States.

User Accounts and Account Security

To access some or all of our Services, you may be required to register for an account. Upon registration, it is important to provide accurate account information and promptly update it if there are any changes. Safeguarding the security of your account is your responsibility, and if you suspect or discover any unauthorized access, please notify us promptly. If you choose to share your account credentials with others, you will be held accountable for any activities they undertake in connection with your account. We reserve the right to reclaim usernames, including those associated with legal claims such as trademark rights, on behalf of individuals or businesses. It is essential to note that your account is non-transferable, and in the event of your death, incapacity, or unavailability, we may terminate any rights associated with your account.

Prohibited Conduct and Content

While using our Services, you agree to comply with all applicable laws, contracts, intellectual property rights, and other third-party rights. You are solely responsible for your conduct during the use of our Services. Specifically, as a user of KAMECUPS Services, you must not:

1. Engage in harassing, threatening, intimidating, predatory, or stalking behavior towards KAMECUPS personnel.
2. Use or attempt to use another user’s account without proper authorization from both the user and KAMECUPS.
3. Impersonate any person or entity or misrepresent your affiliation with any person or entity.
4. Solicit others to engage in unlawful acts.
5. Provide false or misleading information.
6. Upload or transmit viruses or any other form of malicious code that may interfere with the functionality or operation of the Service, related websites, or the Internet.
7. Copy, reproduce, distribute, publicly perform, or publicly display any part of KAMECUPS Services without express permission from KAMECUPS or its licensors.
8. Modify KAMECUPS Services, remove proprietary rights notices or markings, or create derivative works based on KAMECUPS Services.
9. Use KAMECUPS Services in a manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
10. Reverse engineer any aspect of KAMECUPS Services or attempt to bypass or circumvent measures implemented to restrict access to any part of KAMECUPS Services.
11. Use data mining, robots, or similar methods to scrape or extract data from KAMECUPS Services.
12. Develop or use applications that interact with KAMECUPS Services without obtaining KAMECUPS’s prior written consent.
13. Send or distribute spam, unsolicited commercial electronic communications, chain letters, or pyramid schemes to KAMECUPS or other users.
14. Ignore or bypass instructions contained in KAMECUPS’s robots.txt file.
15. Use KAMECUPS Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

Enforcement of this Section 4 is solely at the discretion of KAMECUPS. Failure to enforce this section in certain instances does not waive KAMECUPS’s right to enforce it in other instances. Furthermore, this Section 4 does not create any private right of action for third parties or an expectation that KAMECUPS Services will be free from prohibited content. KAMECUPS reserves the right to terminate your use of the Services or any related website if you violate any of the prohibited uses.

Ownership; Limited License

The Services provided by KAMECUPS, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are the property of KAMECUPS or our licensors. These Services are protected under both United States and foreign laws. All rights to the Services, unless explicitly stated otherwise in these Terms, are reserved by KAMECUPS or our licensors. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use our Services solely for your personal use. Any use of the Services beyond what is specifically authorized herein, without our prior written permission, is strictly prohibited. Such unauthorized use will result in the termination of the granted license and will constitute a violation of our intellectual property rights.

Trademarks

The trademarks “KAMECUPS” and “KameCups,” along with our logos, product or service names, slogans, and the overall look and feel of the Services, are the exclusive property of KAMECUPS. These trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services are the property of their respective owners. Any reference to products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by KAMECUPS.

Feedback

You may choose to voluntarily share with us any questions, comments, reviews, suggestions, ideas, original or creative materials, or other information about KAMECUPS or our Services (collectively referred to as “Feedback”). By providing such Feedback, you explicitly grant KAMECUPS, our service providers, and each of their respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and create derivative works from the Feedback for any purpose, commercial or otherwise, without any acknowledgment or compensation to you. This license includes the right for KAMECUPS to develop, copy, publish, or improve the Feedback at our sole discretion. Furthermore, you waive any so-called “moral rights,” rights of privacy, or rights of publicity in relation to the Feedback. You acknowledge that KAMECUPS may treat Feedback as non-confidential, and we have no obligation to evaluate, use, or compensate you for any Feedback. We cannot guarantee that other users or third parties will not use the Feedback you post. You may have the ability to remove your Feedback by deleting it specifically, but we are not responsible for the removal or deletion of your Feedback or any failure to remove or delete it. Any Feedback, whether publicly posted or privately transmitted, is solely the responsibility of the person who posted it. By posting Feedback, you represent and warrant that: (a) you are not a minor, (b) you own all the rights to the Feedback you post or have all necessary rights to grant KAMECUPS the license mentioned above, and KAMECUPS does not need to obtain licenses or pay royalties to any third party to use the Feedback, and (c) all of your Feedback complies with these Terms and any stated content standards.

We do not automatically publish Feedback on our website, and we reserve the right to review Feedback before it is posted, without any obligation to do so. We assume no liability or responsibility to anyone for any posted Feedback. We retain the right to: (a) remove or decline to post any Feedback at our sole discretion, including Feedback that violates the “Prohibited Conduct and Content” section of these Terms, is inappropriate due to regulatory concerns, does not correspond to the relevant product or service, or contains incorrect or misleading claims about our Services; (b) take any action deemed necessary or appropriate with respect to any Feedback at our sole discretion; (c) disclose your identity or other information about you to any third party who claims that your posted Feedback infringes their rights, including intellectual property rights or right to privacy; and (d) take appropriate legal action for any illegal or unauthorized use of the Services.

Third-Party Content

We may offer information about products, services, activities, or events provided by third parties, or we may allow third parties to share their content and information on or through our Services (referred to as “Third-Party Content”). The provision of Third-Party Content is a service we offer to those who are interested in such content. Any interactions, communications, or transactions you have with third parties, as well as your use or engagement with any Third-Party Content, are solely between you and the third party involved. KAMECUPS does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. Your access to and use of Third-Party Content are done at your own risk.

Ordering, Delivery, Payments, and Billing

Paid Services and Terms of Sale

Certain services and products offered by KAMECUPS may require payment, now or in the future (referred to as “Paid Services”). Please refer to our Help/FAQ section for information on current Paid Services, shipping terms, and our cancellation and refund policies. Any additional payment terms provided to you during the process of using or signing up for a Paid Service are considered part of these Terms.

We retain the right to modify the prices and availability of Paid Services at any time. Please note that quantities of certain products may be limited, and we cannot guarantee stock availability. In the event of pricing errors, we reserve the right to rectify the error or update the Paid Services information without prior notice.

You may place an order for Paid Services at any time, subject to any scheduled or unscheduled downtime. Prior to submitting your order by clicking the “Purchase” button on the checkout page, you have the opportunity to review and correct any input errors. By placing an order, you are making a legally binding offer to purchase the specified Paid Services, as per the stated price and terms at the time of sign-up or order placement. All orders are subject to our acceptance, and we reserve the right to refuse or limit orders and quantities. We will not be liable for product unavailability or shipping delays. Orders cannot be canceled unless granted at our sole discretion. We may provide substantially similar products to fulfill your order.

Your order will be considered accepted upon receipt of payment. After processing your payment, we may send an acknowledgment to the provided email address, allowing you to print the information for your records. Unless otherwise stated or for orders shipped to Canada, title and risk of loss transfer to you upon delivery to the common carrier, provided that full payment, including delivery charges, has been received. By purchasing products for shipment, you authorize us to engage a common carrier on your behalf. We reserve the right to determine procedures, packaging, and the common carrier for the sold products. Some addresses or days may not be eligible for shipment, and we may use multiple boxes or shipments for your order.

Our products and services, including Paid Services, are for personal, non-commercial use and may not be resold, redistributed, exported, or used for any other commercial purpose. The rights granted under these Terms are personal and non-transferable.

Returns or substitutions of products are not permitted, and all sales are final.

Shipping to Canada

If you have placed an order for Paid Services to be delivered to a Canadian location, the following additional terms apply: Delivery, title, and risk of loss transfer to you when the Paid Services are handed over to the courier from the warehouse. Orders shipped to Canada may be subject to customs duties and/or import taxes, for which you are solely responsible. Shipping charges, customs duties, and taxes are your responsibility. By ordering Paid Services from our website, you authorize the selected customs broker or shipping agent to act on your behalf regarding customs clearance and payment of duties and taxes to the Canada Border Services Agency.

Billing

We utilize third-party payment processors, including Stripe and PayPal (referred to as the “Payment Processor”), to handle billing for the Paid Services. These payment processors facilitate transactions through your linked payment account (referred to as your “Billing Account”) or the guest checkout feature on our Services. The processing of payments is subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to these Terms. For more details, please refer to our Privacy Policy. We are not accountable for any errors made by the Payment Processor. By opting to use the Paid Services, you agree to fulfill payment obligations through the Payment Processor for all charges at the current prices of the Paid Services, according to the applicable payment terms. Furthermore, you authorize us, via the Payment Processor, to charge your chosen payment method (referred to as your “Payment Method”). It is your responsibility to ensure payments are made using the selected Payment Method. We retain the right to rectify any errors or mistakes made by the Payment Processor, even if payment has already been requested or received.

Payment Method

The terms governing your payment will be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. In the event that we, through the Payment Processor, do not receive payment from you, you agree to fulfill all outstanding payment obligations on your Billing Account or through the guest checkout feature upon request.

Required Current Information

It is essential to provide accurate, complete, and up-to-date information for your Billing Account. You must promptly update all information to ensure the accuracy and completeness of your Billing Account (e.g., changes in billing address, credit card number, or expiration date), and you must notify us or our Payment Processor immediately if your Payment Method is canceled (e.g., due to loss or theft) or if you become aware of any potential security breaches, such as unauthorized disclosure or use of your username or password. You can make changes to this information within your account. If you fail to provide the aforementioned information, you agree that we may continue to charge you for any usage of the Paid Services under your Billing Account, unless you have terminated your Paid Services as outlined above.

Change in Authorized Amount

If the amount to be charged to your Billing Account differs from the preauthorized amount (excluding changes resulting from the imposition or alteration of state sales taxes), you have the right to receive prior notice of the charge amount and scheduled date before the transaction takes place. Upon receiving such notice, if you decide not to proceed with the purchase, you may cancel at any time before the scheduled transaction date. Your agreement with your payment provider will govern the use of your Payment Method. You acknowledge that we may accumulate charges and submit them as one or more aggregate charges during or at the end of each billing cycle.

Reaffirmation of Authorization

Continued use or non-termination of a Paid Service (including Subscription Services) confirms your authorization for us to charge your Payment Method for that particular Paid Service. We reserve the right to submit these charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. The payment terms, whether payable in advance, arrears, per usage, or as initially described when selecting the Paid Service, apply to your charges.

Free Trials and Promotions

Any free trial or promotional offer that grants access to a Paid Service (referred to as a “Trial Offer”) must be utilized within the specified timeframe of the Trial Offer. To initiate a Trial Offer, a valid Payment Method must be on file. To avoid being charged for the Paid Service, you must cease using it before the Trial Offer period expires. If you cancel before the Trial Offer period ends and are unintentionally charged for a Paid Service, please contact us at info@kamecups.com. Trial Offers are limited to new customers on a one-time basis and restricted to one per household. Additional terms and limitations may apply and will be explained in more detail at the time of signing up for the Trial Offer. Such additional terms and limitations are considered part of these Terms.

Indemnification

To the maximum extent permitted by applicable law, you shall indemnify, defend, and hold harmless KAMECUPS and its officers, directors, agents, partners, and employees (collectively referred to as the “KAMECUPS Parties”) from any losses, liabilities, claims, demands, damages, settlements, expenses, and costs (including attorneys’ fees and court costs) (“Claims”) arising from or related to: (a) your use of or access to the Services; (b) any feedback provided by you; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another party, including intellectual property rights or privacy rights; (e) your conduct in connection with the Services; and (f) your violation of any laws or the rights of any third party. You agree to promptly notify the KAMECUPS Parties of any Claims by third parties, cooperate with the KAMECUPS Parties in defending such Claims, and bear all fees, costs, and expenses associated with the defense of such Claims (including, but not limited to, attorneys’ fees). Furthermore, you acknowledge that the KAMECUPS Parties shall have the sole option to control the defense or settlement of any third-party Claims. This indemnification provision is supplementary and not intended to replace any other indemnification provisions set forth in a written agreement between you and KAMECUPS or any other KAMECUPS Party.

Disclaimers

Your use of our Services and any products provided by KAMECUPS is at your own risk. Unless otherwise specified in writing by us, our Services, products, and any content therein are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Additionally, KAMECUPS does not guarantee or warrant that our Services, products, or any results derived from them will be accurate, complete, reliable, current, or free from errors. We and our officers, directors, employees, agents, suppliers, partners, and content providers do not warrant the following:

(i) The security or availability of the Services or products at any specific time or location.
(ii) The correction of any defects or errors.
(iii) The absence of viruses or other harmful components in any content or software available through the Services.
(iv) That the results obtained from using the Services will meet your specific requirements.

You assume full responsibility for the quality and performance of the Services. It is important to note that certain jurisdictions may restrict or disallow the disclaimer of implied or other warranties, so the above disclaimers may not apply to you.

Limitation of Liability

To the maximum extent permitted by applicable law, KAMECUPS and its affiliated parties shall not be liable to you under any legal theory, including but not limited to contract, tort, negligence, strict liability (where not prohibited by law), warranty, or otherwise, for any indirect, consequential, exemplary (where not prohibited by law), incidental, punitive (where not prohibited by law), or special damages, or for any lost profits, even if KAMECUPS or its affiliated parties have been advised of the possibility of such damages.

In no event shall the total liability of KAMECUPS and its affiliated parties for any claim arising out of or related to these Terms or our Services, regardless of the form of action, exceed the greater of $100 or the amount paid by you to use our Services.

The limitations stated in this section shall not limit or exclude liability for gross negligence, fraud, intentional misconduct, or any other matters in which liability cannot be excluded or limited under applicable law. Additionally, certain jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Release

To the fullest extent permitted by applicable law, you release KAMECUPS and its affiliated parties from any responsibility, liability, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer residing in California, you hereby waive your rights under California Civil Code § 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known by them, would have materially affected their settlement with the debtor or released party.”

Dispute Resolution; Alternative Legal Actions

Please carefully read the following section as it requires you to resolve certain disputes and claims with KAMECUPS through alternative legal actions and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are permitted under this agreement. Additionally, you are precluded from suing in court or having a jury trial.

No Representative Actions. Both you and KAMECUPS acknowledge that any dispute arising from or related to these Terms or our Services is personal in nature, and as such, any dispute will be resolved solely through individual action. Disputes shall not be brought as class arbitrations, class actions, or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes where either you or KAMECUPS seeks to bring an individual action in a small claims court within the county of your billing address, or disputes where either you or KAMECUPS seeks injunctive or other equitable relief for alleged unlawful use of intellectual property, both parties waive their rights to a jury trial and agree to resolve any dispute arising from or related to these Terms or our Services through alternative means. As a first step, in the event of any such dispute or claim, you agree to contact KAMECUPS to attempt an informal resolution by sending a written notice of your claim (“Notice”) to KAMECUPS via email at support@kamecups.com. The Notice should (a) include your name, residential address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) specify the relief sought. We will provide a similar notice to you. If a resolution cannot be reached within thirty (30) days after the Notice is received, either party may initiate binding arbitration or, under limited circumstances as described above, pursue the dispute in court. All disputes submitted to arbitration will be resolved through confidential, binding arbitration administered by an alternative arbitration provider. Arbitration proceedings may be held in a mutually agreed location or conducted remotely via teleconference or video conference, depending on the nature of the dispute and the applicable rules and procedures of the chosen arbitration provider. You acknowledge and agree to abide by the rules and procedures of the selected arbitration provider.

Both parties agree that these Terms affect interstate commerce and that the enforceability of this section will be governed by the applicable laws of the jurisdiction. The arbitrator will have exclusive authority to make procedural and substantive decisions regarding the dispute and grant any remedies that would be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate claims or preside over any form of class or representative proceeding.

All arbitration proceedings, including any judgments and awards, will be kept confidential, unless otherwise required by law. The duty of confidentiality does not apply if disclosure is necessary for the arbitration hearing, a court application for a preliminary remedy, a judicial challenge to an arbitration award, or if disclosure is required by law or judicial decision.

Each party will be responsible for their respective arbitration fees and costs. Any appeals or enforcement of an arbitration award will be exclusively handled by the province or federal courts located in the Province of Nova Scotia, Canada.

Any claim arising from or related to these Terms or our Services must be filed within one (1) year after the claim arises. Failure to file within this timeframe will result in the claim being permanently barred.

You have the right to opt out of binding arbitration within thirty (30) days from the date you first accepted the terms of this section by emailing us at support@kamecups.com. To be effective, the opt-out notice must include your full name, address, and clearly indicate your intent to opt out of binding arbitration. By opting out, you agree to resolve disputes in accordance with Section 17.

If any part of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) the severance shall have no impact on the remainder of this section or the parties’ ability to compel alternative legal actions for any remaining claims on an individual basis; and (c) claims that must proceed on a class, collective, consolidated, or representative basis shall be litigated in a civil court of competent jurisdiction, and the parties agree to stay litigation of those claims pending the outcome of any individual claims pursued through alternative legal actions. Furthermore, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought outside of arbitration, and the remaining portion of this section will remain enforceable.

Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and interpreted in accordance with the laws of Nova Scotia, Canada, except to the extent preempted by applicable Canadian federal law. The laws of Nova Scotia will apply regardless of any conflict of law principles that would result in the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to alternative legal actions or small claims court will be resolved in the courts of Nova Scotia, Canada.

Modifying and Terminating our Services

We reserve the right to modify, suspend, or discontinue all or parts of our Services at any time, with or without cause and with or without notice, which may result in the loss and deletion of all associated information in your account. Similarly, you have the right to stop using our Services at any time. We are not liable for any loss or damage related to your inability to access or use our Services.

Severability

If any provision or part of a provision in these Terms is found to be unlawful, void, or unenforceable, that specific provision or part thereof shall be deemed separable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

Miscellaneous

These Terms constitute the entire agreement between you and KAMECUPS concerning your access to and use of our Services. Notwithstanding any other provisions in these Terms, Sections 4, 7, 10, 11, 12, 13, 15, 16, and 19  will survive the expiration or termination of these Terms. The failure of KAMECUPS to exercise or enforce any right or provision in these Terms shall not be construed as a waiver of such right or provision. The section titles in these Terms are provided for convenience only and shall not have any legal or contractual effect. These Terms are intended solely for the benefit of the parties and do not confer any third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned, or delegated by you without our prior written consent, and any attempted transfer, assignment, or delegation without such consent shall be void. We may freely transfer, assign, or delegate these Terms or the Services, in whole or in part, without your prior written consent.