1. COPYRIGHT AND OWNERSHIP
We do NOT own any of the products listed on the Buyankee.com shop. You place your order, and we make the purchase on your behalf.
The Web Site may only be used for the intended purpose for which such Web Site and Services are being made available. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Web Site and Services. The Web Site, its Content, and all related rights shall remain the exclusive property of Buyankee (KIC) or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on these Web Site.
2. PRODUCTS, CONTENT, AND SPECIFICATIONS
All features, content, specifications, products, and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
3. SHIPPING LIMITATIONS
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, the risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier.
4. ACCURACY OF INFORMATION
We attempt to ensure that information on this Web Site is complete, accurate, and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
5. THIRD-PARTY LINKS
Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials, or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.
6. USER-GENERATED CONTENT – INFORMATION CONTROL
Through your use of the Web Site and Services, you may be exposed to User-Generated Content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues, and foreign nationals. By using our Web Site, you assume all associated risks.
For all charges for any products and services sold on the Web Site, Buyankee.Com (KIC) will bill your credit card or alternative payment method offered by us. Any seasonal surcharges will be included in your order’s delivery total and are non-refundable. In the event legal action is necessary to collect on balances due, you agree to reimburse Buyankee.Com for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for the purchase of, and payment of charges for, all Internet access services, and telecommunications services needed for use of this Web Site.
8. ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper, or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
9. FORCE MAJEURE
Neither Buyankee.Com (KIC) nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Except as prohibited by law, the information, materials, and services provided on or through this Web Site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Except as prohibited by applicable Law, neither Buyankee.Com (KIC) nor any of its respective affiliates (i) warrant the accuracy or completeness of the information, materials, or services provided on or through the Web Site or (ii) makes any commitments or assumes any duty to update such information, materials or services.
Neither Buyankee.Com (KIC), nor any of its respective affiliates, warrants that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.
Except as prohibited by applicable Law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Web Site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation, except as prohibited by applicable Law. We make no warranties to those defined as “consumers” in the Magnuson-Moss Warranty Act.
12. LIMITATION OF LIABILITY
Your use of the Web Site is at your own risk. You agree that our sole obligation to you is to provide the Web Site “as is.” Except as prohibited by, neither Buyankee.Com (KIC) nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing, or delivering the Web Site shall be liable to you or to any third party for your use of, or the inability to use, the Web Site and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Web Site.
In the event of any problem with this Web Site or any Content, you agree that your sole remedy is to cease using this Web Site. In the event of any problem with the products or services that you have purchased on or through this Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site. Except as prohibited by applicable Law, in no event shall Buyankee.Com (KIC)’ total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Web Site.
Except as prohibited by applicable Law, you agree to defend, indemnify and hold Buyankee.Com (KIC) and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web Site or the Internet or your purchases or the placement or transmission of any message or information on this Web Site by you or your authorized users or your violation of any law or the rights of a third party.
In the event that you have a dispute with one or more other users of the Web Site, you release Buyankee.Com (KIC) (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason, or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Web Site in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
16. WEB SITE DISPUTES
“Web Site Disputes” include: (a) any claim you may have against Buyankee.Com (KIC) in connection with the Site, (b) any claim Buyankee.Com (KIC) may have against you in connection with the Site, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions.
All other disputes are Non-Web Site Disputes. Any claim arising from your purchase of an Buyankee.Com (KIC) product or service is a Non-Web Site Dispute. Any claim arising from the content of any offer or advertisement on the Site is a Non-Web Site Dispute.
17. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
In operating the Web Site, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed, or otherwise made available using the Web Site. If you believe any material available via the Web Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content.
COPYRIGHT AND TRADEMARKS NOTICE
All Site design, graphics, text selections, arrangements, and all software are Copyright© 2021 Buyankee.Com (Keep It Cute LTD)
All trademarks, service marks, and trade names of Buyankee.Com (KIC) used herein (including but not limited to: the Buyankee.Com (KIC) name, the Buyankee.Com (KIC) corporate logo, are trademarks or registered trademarks of the Buyankee.Com (KIC) Ltd, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Buyankee.Com (KIC) trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Buyankee.Com (KIC)’ prior written consent. The use of Buyankee.Com (KIC) trademarks on any other website or network computer environment is not allowed. This protects you, too. When you see the Buyankee.Com (KIC) marks, you can be sure of our quality and performance. Buyankee.Com (KIC) prohibits the use of Buyankee.Com (KIC) trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.