Effective Date of Current Policy: May 20th, 2020.
Images of people, places and/or products posted on this Website are either the property of Krakatoa International, Inc, or are used by us with express permission. Unless otherwise noted, all content included on this Website, including illustrations, designs, images, icons, photographs, video clips and written and other materials is the property of Krakatoa Underwear or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Website is the exclusive property of Krakatoa Underwear and is protected by United States and international copyright laws. Any unauthorized use of any content on this Website is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. No materials or content provided on or through this Website may be reproduced, distributed, publicly performed, publicly displayed, communicated to the public, or used for the creation of a derivative work without the express written permission of the copyright owner of such materials or content. To inquire about obtaining authorization to use the materials or content on this Website, please contact us at email@example.com.
All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Website are proprietary to Krakatoa Underwear, or the other respective owners of such Marks. The Krakatoa Logo and "Put a Volcano in your pants" are trademarked. You may not display or reproduce the Marks in any manner without the prior written consent of Krakatoa Underwear, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Website.
4. SITE ACCESS AND LIMITED LICENSE
We grant you a limited license to use the Website for personal use only. Consequently, this grant does not allow you to, and you agree not to, do any of the following: (a) resell or make any commercial use of this Website or any of the contents of this Website; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Website not intended to be so read, including by using or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Website (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Website or to collect any information from the Website or any other user of the Website; (e) upload or otherwise transmit to or through the Website any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that can cause harm or delay to the Website or computers of any kind; (f) gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Website; (g) reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Service, use of the Service, access to the Service or content obtained through the Service, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without our express written consent: (1) copying, caching, recording, compiling, or reformatting any information obtained from the Website for commercial purposes in any fashion whatsoever, (2) framing, embedding and/or passing off information obtained from the Website in such a manner as to present the information as originating from a source other than the Website, or (3) using any trademarks, service marks, design marks, logos, photographs or other content belonging to us obtained from the Website; or (h) assist or permit any persons in engaging in any of the activities described above. There are no implied licenses granted in this Agreement.
5. ELECTRONIC COMMUNICATIONS
When you visit the Website, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
6. REGISTRATIONS, PASSWORDS, ACCOUNTS AND FORMS
If you use this Website and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Krakatoa Underwear is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or Krakatoa Underwear.
You acknowledge and agree that any login, identifier, or password issued in connection with this Website (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Website using such Password. You agree to notify Krakatoa Underwear immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that Krakatoa Underwear, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Website at any time without notice to you. Krakatoa Underwear cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Website. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Website.
7. CONTENT YOU MAY SUBMIT TO KRAKATOA UNDERWEAR
Krakatoa Underwear has an extensive Social Media presence, and users are able to post text, graphics, images, videos, and sounds. In such instances, Krakatoa Underwear welcomes your comments regarding our products and services, including our Website. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Krakatoa Underwear’s social media presence must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
Any and all notes, messages, postings, ideas, suggestions, or other material which you submit to Krakatoa Underwear will become, upon your submission, the sole and exclusive property of Krakatoa Underwear and Krakatoa Underwear shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to any electronic presence of Krakatoa Underwear, you are agreeing and you do agree that Krakatoa Underwear has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to Krakatoa Underwear. By submitting any materials of any kind to Krakatoa Underwear sites and social media presence, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Krakatoa Underwear does not and will not violate or infringe the rights of any third-parties.
8. STORE CREDITS
Store credit may be issued to Customers for returns, exchanges, referrals, or promotional campaigns. Store Credit can only be used online at KrakatoaUnderwear.com. Store Credit can only be used on orders associated with your original account. This means Store Credit cannot be transferred to another person or account. Please treat Store Credit like cash. Store Credit may not be purchased. Store Credit is provided to your account when purchased items have been returned, your referral link has been used by a new customer, or we have run a promotional campaign. We may edit, update or remove any type of store credit at any time at our discretion. Store credits generally expire and are no longer valid for redemption according to the following schedule:
Return or Exchange: 60 days after their date of generation
Promotional: 30 days after their date of generation
Referral: 30 days after their date of generation
9. GIFT CARDS
The following terms under the “Gift Cards” heading relate to you as the purchaser or user of gift cards from the Krakatoa Underwear website.
Purchasing and Redemption:
Use and Limitations:
Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account, except to the extent required by law. Unused Gift Card balances in an account may not be transferred. Gift Cards are not returnable or refundable for cash except in states where required by law. Gift Cards may not be sold or bartered to third parties. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Krakatoa Underwear’ prior written approval. Use of Krakatoa Underwear’ name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Krakatoa Underwear Gift Cards is strictly prohibited. Furthermore, the use of Krakatoa Underwear Gift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, Krakatoa Underwear, or any of its subsidiaries or affiliates is prohibited.
Risk of Loss:
If your Gift Card is lost or stolen, immediately contact customer service at firstname.lastname@example.org. Your Gift Card will be cancelled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to Krakatoa Underwear. Krakatoa Underwear and its affiliates shall have no liability to you for: lost or stolen Gift Cards; or use of any Gift Cards by third parties through your account. You are solely responsible for keeping the username and password for your account safe and for any activity conducted under your account. Notwithstanding the above, the risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. We are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.
Fraud:Krakatoa Underwear shall have the right to close member accounts or any related account(s) if Krakatoa Underwear suspects a Gift Card is being used in a fraudulent manner to make purchases on the Site. If a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Site or any of its affiliated websites set forth above, Krakatoa Underwear shall immediately suspend the Gift Card and may recoup the amount of the Gift Card by charging the amount from the Credit or Debit Card supplied. Krakatoa Underwear may also cancel or remove any and all Krakatoa Underwear credits on the member accounts and/or any related account(s). Krakatoa Underwear has a zero-tolerance Fraud policy and it is the responsibility of account holders to secure their account and Gift Card. Issuer:
Gift Cards are issued by Krakatoa Underwear, LLC., a Washington corporation.
10. DISCOUNT CODES
Discount codes have no cash value and cannot be redeemed for cash, and cannot be combined with any other offers. Limit one discount code per order. Discount codes generally expire and are no longer valid for redemption 30 days after their date of generation, but certain discount codes may have their own redemption period as specified in connection with the discount code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Discount codes are void where prohibited, taxed or restricted. Krakatoa Underwear reserves the right to change or limit discount codes in its sole discretion.
12. DIGITAL MILLENNIUM COPYRIGHT ACT
Krakatoa Underwear respects the intellectual property rights of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Krakatoa Underwear’s intellectual property policy is to (1) remove material that appears in its sole discretion to infringe upon the intellectual property rights of others, and (2) remove any content posted by and terminate the access rights of any “repeat infringer” (i.e., any user that has uploaded content to the Website and for whom Krakatoa Underwear has received more than two takedown notices compliant with 17 U.S.C. § 512(c) with respect to such content). Krakatoa Underwear has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Krakatoa Underwear’s own determination.
If you believe a work protected by a U.S. copyright that you own has been posted on our social media presences without authorization, you may notify our designated agent for notices of claimed infringement at email@example.com. Your notification must include substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed, (2) identification of the works or materials being infringed or, if multiple works are covered by a single notification, a representative list of suck works, (3) identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, (4) information reasonably sufficient to permit us to contact you, (5) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You should consult with your lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
13. RISK OF LOSS
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
14. LINKS TO OTHER WEBSITES
Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Website, or web sites linking to this Website.
This Website is designed for and intended for use by adults. If you are under 18, you may use this Website only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Website by children, minors and others under your care. You agree to be responsible for their use of this website.
ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KRAKATOA UNDERWEAR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY KRAKATOA UNDERWEAR OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, KRAKATOA UNDERWEAR DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.
17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KRAKATOA UNDERWEAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE; (II) UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR KRAKATOA UNDERWEAR'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE; OR (VI) USE OF ANY MERCHANDISE MADE AVAILABLE ON OR THROUGH THE SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KRAKATOA UNDERWEAR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND KRAKATOA UNDERWEAR, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND KRAKATOA UNDERWEAR, KRAKATOA UNDERWEAR’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT KRAKATOA UNDERWEAR WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
19. GOVERNING LAW
To the extent applicable, software from this Website is further subject to United States Export Controls. No software from this Website may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. If applicable, by downloading or using software on this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
23. ENTIRE AGREEMENT
24. INTERNATIONAL USE
This website can be accessed from countries other than the United States, but may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
25. NOTE TO CALIFORNIA CUSTOMERS
Under California Civil Code Section 1789.3, customers from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-521.