Terms & Conditions
LAST UPDATED ON AUGUST 1, 2016
Kultlike reserves the right at anytime, for any reason, and without prior notice, to modify, upgrade discontinue, suspend (whether permanently or temporarily) or terminate, any and/or all aspect of the Service. Consequently, in the event of any modification, upgrade discontinuance or suspension of the Service, you unconditionally acknowledge and agree that Kultlike shall not be held liable to you or any third party for such activity to the Service, including, without limitations, any refunds and/or penalties.
About the Service: Our Site is an e-commerce website that allows a User who abides by the Agreement to offer, sell, or buy curated high-end fashion products, within a fixed-price structure. Kultlike may or may not own such products. Therefore, in the event where Kultlike does not own such product in their inventory, Kultlike does not transfer legal ownership of such products from the seller to the buyer. Consequently, where Kultlike does not own such products in their inventory, Kultlike has no control over: (i) the safety, quality, legality or morality of any aspect of the products sold by the Service; (ii) the accuracy or truth of the listings; and/or (iii) seller’s ability to sell a product or buyer’s ability to purchase such product. Where Kultlike is not a seller of product, Kultlike does not represent nor warrant that a buyer or seller shall finalize a transaction. Moreover, Kultlike does not guarantee the age, true identity, and/or nationality of a User of the Service. Because of the aforementioned reasons, a User uses the Service at their sole risk. Except as expressly provided in this Agreement, User agrees that Kultlike shall not be responsible or liable for any products sold on the Service and/or content (including, without limitation, text, information, data, usernames, images, photographs, graphics, audio, video, items, and/or links) posted or uploaded to the Service by a User of the Service.
A. Compliance: User agrees to comply and abide with any and all laws and/or regulations in connection with this Agreement and/or the use of the Service. User is responsible for all applicable taxes.
B. Account Information: A User who is a registered member (including, without limitation, seller, merchant, vendor, customer, or buyer) agrees to keep their account information current, true, complete, and accurate at all times. User is fully responsible for all use of their account and for any actions taken on behalf of their account, whether with or without their knowledge. A User who sells product on the Service shall provide and maintain a valid Stripe account.
C. Password: A User who is a registered member (including, without limitation, seller, merchant, vendor, customer, or buyer) shall be responsible to keep their password confidential and secure. Such User is fully responsible for all activity, liability and damage resulting from failure to maintain password confidentiality. Such User agrees to notify Kultlike immediately of any unauthorized use of their password, unauthorized use of their account, or any breach of security to their account. After signing in to their account, such User acknowledges and agrees to exit from their account at the end of each visit to the Service. Such User acknowledges and agrees that Kultlike shall not, in any way, be held liable or responsible for any and all loss or damage arising from a compromised account due to such User’s failure to keep their password secure. Except with Kultlike’s express written permission, such User acknowledges and agrees they shall not provide the combination of their email address and password information to any other party.
D. Right to Terminate or Deny Service: Kultlike reserves the right, in its sole discretion, to terminate inactive or unconfirmed accounts, as well as accounts that provide false, inaccurate, and/or incomplete information. In addition, we reserve the right to deny service to anyone at anytime, in our sole discretion; provided, however, such denial is not prohibited by law.
E. Account Transfer: A User who is a registered member (including, without limitation, seller, merchant, vendor, customer, or buyer) shall not transfer or sell their Kultlike account to any other entity or person. A User registering as a business entity represents and warrants that they have the right and authority to bind such entity, so as to execute and fulfill its obligations, responsibilities and duties pursuant to this Agreement.
F. Risk of Loss: A User of the Services acknowledges and agrees to the risk of loss and title for all items purchased from Kultlike upon our delivery to shipper and/or carrier.
Eligibility Requirements: The Service shall only be available to, and shall only be used by a User who is eighteen (18) years of age, or older. Such User represents and warrants that they are at least eighteen (18) years of age. In the event such User is a registered member (including, without limitation, seller, merchant, vendor, customer, or buyer), User represents and warrants that all information in connection with the registration of the Service is accurate and true. However, in the event a use of the Service is by a non-registered member (e.g., visitor, guest, etc.) who is under the age of eighteen (18) years of age, such User shall use the Service solely under the supervision of a parent or legal guardian. Such parent or legal guardian who supervises such underage User of the Service shall be bound by this Agreement and shall at all times be responsible for any and all activities in connection with the underage User’s use of the Service.
Intellectual Property Rights:
A. Content: Except for any User Content (as defined below), User acknowledges and agrees that all materials (including, without limitation, photographs, graphics, illustrations, audio-visual, audio), data, code, text, design elements of the Site, delivered by or embodied in the Service or otherwise embodied on the Site by Kultlike (collectively, “Kultlike Content”) are protected by U.S. and international copyright, trademark and other proprietary rights and laws. Kultlike either owns the Kultlike Content and/or has access to portions of the Kultlike Content via third party arrangements (e.g., licensing), with all rights reserved. Use of the Service does not grant a User any ownership in or to the Kultlike Content and/or Service. User acknowledges and agrees not to modify, copy, distribute, frame, reproduce, publish, republish, adapt, edit, download, display, perform, post, transmit, license, rent, sell, or create derivative works in any form or by any means, in whole or in part, any of the Kultlike Content, except as expressly authorized by Kutlike in writing. For the avoidance of doubt, the immediately preceding sentence does not apply to User Content. Notwithstanding anything to the contrary in this Agreement, Kultlike solely grants User a non-exclusive and revocable license to print and download, for non-commercial and informational purposes only, a reasonable amount of copies of the Kultlike Content; provided, however, User is in compliance with this Agreement.
B. Trademark: The trademarks, servicemarks, tradenames, and/or logos (“Trademarks”) displayed on the Site or in connection with the Service are the trademarks of Kultlike and its licensors and may not be used without the prior written permission of the applicable Trademark owner for each use of the Trademark. User acknowledges and agrees that any unauthorized use, disparagement, or misuse of the Trademarks displayed on the Site or in connection with the Service is illegal and prohibited, and shall cause likelihood of confusion in the marketplace to Kultlike, the Service, or the applicable Trademark owner and their products and/or services.
C. Reservation or Revocation of Rights: All rights not expressly granted in this Agreement are reserved. Any license granted in this Agreement is revocable at any time without notice and with or without cause.
D. User Content: In the event a User provides or posts materials on the Service (including, without limitation, photographs, graphics, illustrations, audio-visual, audio) (collectively, “User Content”), User grants to Kultlike an irrevocable, worldwide, non-exclusive, royalty-free right to license such User Content for reproduction, distribution, public display, public performance and to make derivatives therefrom.
Prohibited Uses: User may only use the Service for purposes that are legal. User acknowledges and agrees that they are responsible and liable for any and all User Content, products, and/or services they post or provide on the Service. User acknowledges and agrees not to use the Service for the following:
- Post, upload, transmit, email or otherwise make available any content, goods, and/or services that is obscene (or contains child pornography), unlawful, hateful, harmful, abusive, threatening, defamatory, harassing, or creates a risk to anyone’s safety and/or privacy.
- Upload or transmit viruses, malware, and/or worms which is designed to limit, destroy, or interrupt the functions of any computer hardware and/or software.
- Forge or otherwise manipulate headers, identifiers or tags in order to disguise the origin of any message transmitted through the Service.
- Infringe or violate any person’s right of publicity or privacy, including, without limitation, impersonating another person or entity, or misrepresent affiliation with a person or entity.
- Transmit unsolicited or unauthorized commercial messages; spam; junk mail; or any other form of solicitation, materials, or information.
- Hack or deface the Service.
- Violate this Agreement or act in a complicit manner to assist another’s violation of this Agreement.
- Violate anyone’s intellectual property rights (e.g., copyrights, trademarks, patents, trade secrets, etc.).
- Act in a manner which instigates, promotes or accomplishes any unlawful or malicious activity which could potentially result in criminal and/or civil legal proceeding.
- Act in a manner which imposes, or may impose, in Kultlike’s sole discretion, a disproportionately and/or unreasonable large load on the infrastructure to the Service.
Payment Methods: User acknowledges and agrees that payments are processed through Stripe or other party payment processing vendor (each a “Payment Processing Vendor”). Payments shall only be transacted and processed for activities that are not illegal or otherwise prohibited as provided in this Agreement. Should a User have any questions as to the processing of payment via such Payment Processing Vendor, please check with the applicable vendor in connection with their payment processing policies. A User’s relationship with a Payment Processing Vendor is distinct and separate from User’s relationship with Kultlike. When a User uses the services of a Payment Processing Vendor to effect a monetary payment, such User is bound by the terms and conditions of the Payment Processing Vendor’s service. Such terms and conditions are located at the respective Payment Processing Vendor’s website. For avoidance of doubt, Kultlike has no affiliation with and is not an agent for any Payment Processing Vendor, seller, vendor, merchant, or buyer. Consequently, Kultlike has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any Payment Processing Vendor, seller, vendor, merchant, or buyer.
Kultlike Site: A User who is a customer or buyer can purchase products directly from Kultlike via the Site. Kultlike in its sole discretion, may refuse to process or to cancel an order under certain circumstances, including, without limitation, (i) when a product is out of stock; (ii) errors in product information (e.g., description, pricing, etc.); and/or (iii) possible fraudulent transactions. Orders that are not processed or which are cancelled shall not be charged to your account, however, in the event of a charge to your account, we shall promptly refund such amount to your account. For orders that are charged to your account, we shall promptly ship such items; provided, however, we shall not be liable for any delays in shipment which are beyond are control. Although we make every good faith effort to provide correct information regarding pricing of and availability of products which Kultlike sells, we cannot ensure and/or guarantee against pricing errors or that a product is “in stock” in connection with a User’s order. In such an event, we shall contact you via email to redress such pricing or inventory issue, whether via a refund or cancellation of such order.
Third Party Websites: The Service may provide, or third parties may provide, Users the ability to link to other third party Internet websites. User acknowledges and agrees that Kultlike has no control over such third party websites and no responsibility for the information, products, content, services, advertising, or other materials on or available on such websites. Moreover, User further acknowledges and agrees that Kultlike shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use or reliance of such third party website. Any reliance on the contents of such third party website at User’s sole risk and User assumes any and all consequences and responsibilities from such reliance.
Legal Compliance and Taxes: Users shall comply with all applicable laws, statutes, ordinances and regulations regarding User’s use of the Service, including, without limitation, and, as applicable, listings, purchases, and sales of items. Users of the Service who are acting as a seller, merchant, or vendor are responsible for all taxable consequences in connection with the sale of their products through the Service and shall indemnify Kultlike for the payment of taxes in connection with the sale of such products. Kultlike reserves the right to withhold any amount payable to the applicable seller, merchant, or vendor if Kultlike determines in good faith that such revenue has been generated in (i) violation of this Agreement; (ii) violation of any applicable laws, regulations, and/or rules; and/or (iii) a fraudulent manner. In Kultlike’s good faith and commercially reasonable discretion, such withholding may be permanent or temporary.
Disclaimer of Warranties In Connection with Services: USER ACKNOWLEDGES AND AGREES TO ASSUME ALL RESPONSIBILITY AND RISK FOR USER’S USE OF THE SITE AND THE SERVICE. KULTLIKE, KULTLIKE’S OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (INDIVIDUALLY A “RELATED PARTY,” AND COLLECTIVELY, THE “RELATED PARTIES”) PROVIDE THE SERVICE ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE,” AND “AS AVAILABLE” BASIS, AND, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITAITON, IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER KULTLIKE NOR ANY RELATED PARTIES ENDORSE OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE RELIABILITY, COMPLETENESS, OR ACCURACY OF THE SITE OR THE SERVICE. USER ACKNOWLEDGES AND AGREES THAT ANY RELIANCE ON OR USE OF THE SITE AND THE SERVICE IS AT USER’S SOLE RISK. THE FOREGOING DISCLAIMERS MAY NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Disclaimer of Warranties In Connection with Products: USER ACKNOWLEDGES AND AGREES THAT ANY AND ALL PRODUCTS (INCLUDING SOFTWARE EMBODIED AND USED THEREIN) OFFERED AND/OR SOLD ON THE SERVICE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE,” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE EXPRESSLY INDICATED IN WRITING BY KULTLIKE. KULTLIKE AND ITS RELATED PARTIES DO NOT WARRANT THAT THE PRODUCTS WILL MEET A USER’S SATISFACTION AND/OR EXPECTATIONS. USER MAY BE ELIGIBLE FOR THE MANUFACTURER’S WARRANTY IN CONNECTION WITH SUCH PURCHASED PRODUCT. NOTHWITHSTANDING SUCH MANUFACTURER’S WARRANTY, KULTLIKE DISCLAIMS ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITAITON, IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, USAGE OF TRADE, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER KULTLIKE NOR ANY RELATED PARTIES ENDORSE OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE RELIABILITY, COMPLETENESS, OR ACCURACY OF THE PRODUCTS (INCLUDING VIRUSES OR OTHER HARMFUL ELEMENTS OF SOFTWARE EMBODIED AND USED THEREIN). KULTLIKE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AND ALL PRODUCTS (INCLUDING SOFTWARE EMBODIED AND USED THEREIN). THE FOREGOING DISCLAIMERS MAY NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability: IN NO EVENT SHALL KULTLIKE OR ANY RELATED PARTY BE LIABLE TO ANY PERSON OR ENTITY, WITH RESPECT TO THE SERVICE, OR ANY OTHER MATTER REALTED TO THIS AGREEMENT, FOR ANY: (I) INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWIL, LOST DATA, LOSS DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITE LINKED TO THE SITE, OR THE CONTENT OR SERVICES CONTAINED OR ACCESSED THROUGH SUCH SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL CLAIM (EVEN IF KULTLIKE OR A RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); (II) ANY MATTERS BEYOND THE REASONABLE CONTROL OF KULTLIKE; (III) COSTS IN CONNECTION WITH THE SUBSTITUTION OF SERVICES; OR (IV) AMOUNTS IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00 USD). A USER ACKNOWLEDGES AND AGREES THAT IN THE EVENT OF ANY PROBLEMS WITH THE FUNCTIONALITY OF THE SITE OR THE SERVICE, SUCH USER AGREES THAT THE SOLE REMEMDY SHALL BE TO CEASE USING THE SITE AND THE SERVICES. USER ACKNOWLEDGES AND AGREES KULTLIKE SHALL NOT BE LIABILE FOR ANY DEFAMATORY, ILLELGAL AND/OR OFFESNIVE CONDUCT BY A THIRD PARTY OR BY ANY OTHER USER’S CONTENT AND THAT SUCH ALLEGEDLY AGGRIEVED USER ASSUMES THE COMPLETE RISK OF DAMAGE AND HARM THEREOF. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Release: USER ACKNOWLEDGES AND AGREES THAT SHOULD THEY HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SERVICE, SUCH USER SHALL RELEASE KULTLIKE AND ANY AND ALL RELATED PARTIES FROM DEMANDS, CLAIMS AND DAMAGES OF ALL TYPES (INCLUDING, WITHOUT LIMITAITON, ACTUAL AND CONSEQUENTIAL), KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF SUCH USER WHO IS RELEASING KULTLIKE AS PROVIDED HEREIN IS A CALIFORNIA RESIDENT, SUCH USER SHALL WAIVE CALIFORNIA CIVIL CODE 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Indemnification: USER AGREES TO INDEMNIFY AND HOLD KULTLIKE AND RELATED PARTIES (AS APPLICABLE) HARMLESS FROM ANY CLAIM OR DEMAND (INCLUDING REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF SUCH USER’S BREACH OF THIS AGREEMENT TOGETHER WITH THE POLICIES REFERENCED HEREIN, OR SUCH USER’S VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY.
Choice of Law and Resolution of Disputes: User acknowledges and agrees the use of the Site and the Service creates a relationship between Kultlike and such User in that this Agreement shall be governed by the laws of the State of Arizona, without regard to principles of conflict of laws. USER AGREES THAT THE SOLE AND EXCLUSIVE FORUM AND REMDY FOR ANY AND ALL CAUSES OF ACTION OR CLAIMS THAT MAY ARISE UNDER THIS AGREEMENT OR IN CONNECTION WITH THE USER’S USE OF THE SITE OR SERVICE (INCLUDING VISITS TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION IN MARICOPA COUNTY, ARIZONA. Arbitration under this Agreement shall be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) (collectively, the “AAA Rules”). The prevailing party in any arbitration arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. The arbitrator’s award shall be binding and may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. To the fullest extent of applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDING SHALL BE PERMITTED. Under no circumstances shall any claim, proceeding, or action by a User in connection with any use of the Site or the Service (including visits to or use of the Site and/or the Service) be initiated more than one (1) year after the cause of action arose, otherwise such claim, proceeding or action shall be forever barred.
Kultlike, for the benefit of Users, may assist Users, in its sole discretion, to help resolve disputes. Kultlike has no obligation to resolve disputes between Users or between Users and outside parties. To the extent Kultlike assists in the resolution a dispute, Kultlike will do so in good faith and based on Kultlike’s business practices and policies. For the avoidance of doubt, Kultlike is not in the business of practicing law and shall not make legal conclusions regarding legal claims or issues in any dispute.
Return Policy: Kultlike or a seller, merchant, or vendor who is a User of the Services accepts returns of products sold on the Service on a case-by-case basis. If a product is listed on the Services as a “final sale” product, Kultlike and/or such seller, merchant, or vendor shall not accept returns for such products, unless such product is defective. In the event a product is defective (whether or not it is a “final sale product), please contact Kultlike at firstname.lastname@example.org within forty-eight (48) hours of receiving the defective product; subject to the applicable seller’s return policy for defective products, products will either be replaced by the applicable seller or such buyer shall be issued a full refund when such defective product is returned and received by the applicable seller. BEFORE PURCHASING ANY PRODUCT FROM ANY SELLER (INCLUDING KULTLIKE) ON THIS SERVICE, PLEASE READ AND REVIEW THEIR RESPECTIVE RETURN POLICY. FOR MORE INFORMATION ON KULTLIKE’S RETURN POLICY, PLEASE GO TO THE SITE’S FAQ.
Invite Friends Program: Kultlike credits (“Credits”) have no monetary value and are not redeemable for cash. Credits are purely promotional, are only for a registered member who is a customer or buyer and only part of the Service through the Site. Such Credits do not entitle such registered member with a property right or interest or transfer any such right or interest therein. Credits may only be redeemed at the Site. Kultlike has no obligation to notify you regarding the expiration of Credits. Kultlike may modify or revise the terms and conditions of the Invite Friends Program (“Invite Friends Program”) at any time, in its sole discretion; including without limitation, suspend or terminate the Invite Friends Program, and/or increase or decrease the value of the Credits. All Credits terminate upon the termination of a registered membership. Violations of the Invite Friends Program by wrongfully earning Credits (including, without limitation, transfer, fraud, deception, or otherwise) may result in loss of membership to the Invite Friends Program and/or permanent or temporary denial of use of the Site and/or Services, as determined by Kultlike in its sole discretion. A User of the Invite Friends Program is solely responsible for payment of any and all taxes, fees, service charges or liability arising out of earning or redeeming Credits.
A. Invite Friends Program Rules: Our Invite Friends Program is a way where registered members get rewarded by inviting friends and/or family (each an “Invitee”) to join Kultlike’s Services. A User who participates in our Invite Friends Program is subject to abiding by this Agreement as well as the following rules:
- Invitations to Invitees must be sent using the Services specified referral link.
- Invitee must enroll as a registered member to the Service and has thirty (30) days to place an order of Fifty U.S. Dollars ($50.00 USD) or more from the Service.
- After such Invitee’s order has shipped, ten (10) Credits will be awarded to you.
B. Invite Friends Program’s Redemption Rules: Kultlike shall not be liable for any damages or loss (including, without limitation, direct, indirect, consequential, or incidental) to a User or any third party, including for property damage, personal injury, or death in connection with, resulting from, or arising from a User’s redemption of Credits. A User acknowledges and agrees that any request to redeem Credits hereunder is subject to compliance with this Agreement as well as the following rules:
- Credits may be redeemed immediately after being awarded or accrued over time, and such Credits shall expire thirty (30) days after being awarded.
- A maximum of five (5) Credits may be redeemed per transaction.
Digital Millennium Copyright Act (“DMCA”) Policy: Kultlike respects and supports the protection of intellectual property rights. Kultlike’s policy is to expeditiously respond to all notices of alleged copyright infringement. If someone believes in good faith that content made available in connection with the Service infringes their copyright, please send Kultlike a DMCA “take down” notice requesting that the alleged infringing content be removed or access to such be disabled or blocked. “Take down” notices and counter notices must meet the current statutory requirements imposed by the DMCA; for details, please see http://www.loc.gov/copyright. “Take down” notices and counter notices in connection with alleged infringing content with regards to the Service should be sent via email or certified mail, return receipt requested to:
10115 East Bell Road, Suite 107-448
Scottsdale, AZ 85260
Attn: Legal Department – DMCA Compliance
Notice: Except as otherwise provided in this Agreement, any and all notices shall be given by regular mail to:
10115 East Bell Road, Suite 107-448
Scottsdale, AZ 85260
In the event Kultlike requires giving you written notice, Kultlike shall provide such notice by: (i) sending email to the address provided to Kultlike; or (ii) certified mail, postage prepaid and return receipt requested, to the address provided to Kultlike. In such case, notice shall be deemed given twenty four (24) hours after email is sent (unless the sending party is notified that the email address is invalid) or three (3) days after the date of mailing.
General: This Agreement together with all policies referenced herein constitutes the entire agreement between Kultlike and User in connection with the use of the Site and the Service, superseding any prior agreements (whether written or oral) between Kultlike and User in connection with the Site and Service. No waiver by Kultlike of any breach or default by a User hereunder shall be deemed a waiver of any preceding or subsequent breach or default and shall not constitute a waiver of any of Kultlike’s rights to exercise or enforce any right or provision of this Agreement. If any provision of this Agreement is held unenforceable, then such provision shall be deemed sever able from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A User may not assign this Agreement or any part of this Agreement without the express prior written consent of Kultlike. User understands and agrees that Kultlike may assign this Agreement or any part of this Agreement at any time and for any reason without such User’s consent. User and Kultlike are independent contractors, and no agency, joint venture, partnership, franchiser/franchisee, or employee/employer relationship is created and/or intended pursuant to this Agreement.
Notice For California Users: This notice is for California Users of the Site: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Boulevard, Sacramento, CA 95834, or telephonically at (914) 445-1254 or (800) 952-5210.