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Terms of Service

By using, accessing, or purchasing from this website ("Site"), which is operated by Sticky Kit (“we”, “us”, “our”), you engage in our “Service” and you acknowledge that you have read, understood, and agree to the following Terms of Service ("Terms" or "Agreement"). If, at any time, you do not agree to these Terms, please do not use this Site. Sticky Kit reserves the right to revise these Terms at any time by updating this posting. Please read and review these Terms periodically, because your use of the Site after the posting of changes will constitute your acceptance of the changes. Agreement to these Terms also constitutes your agreement to Sticky Kit's privacy policy (the “Privacy Policy”)

As a condition of your use of the Service, you agree that you are at least the age of majority in your state, province and/or country of residence or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement.

By accessing or using any part of the Site or the Service, you accept these Terms, without limitation or qualification. You may not use any portion of the Service if you do not agree with all of the Terms. Price information found on this site is subject to change without notice.

We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

 

1. Use of the Site

You may use the Site only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Sticky Kit. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of Sticky Kit. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.

 We require all users and members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

  • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;

  • Posting any information which is untrue, inaccurate or not your own;

  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;

  • Attempting to interfere in any way with the Site or Sticky Kit’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; and

  • Using the Site to drop ship merchandise to third parties

 You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the prior written consent of Sticky Kit.

 

 2. Registration and Passwords

In order to access certain services on the Site and the App, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

 As a registered user of Sticky Kit, you agree to receive emails promoting any special offer(s), including third party offers. You may opt-out from receiving special promotions or our newsletter by following the unsubscribe process(es) identified in the correspondence.

 

3. Fraud Protection

 As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

 

4. Transactions

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Sticky Kit the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to provide current, complete and accurate purchase and account information for all purchases made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Sticky Kit reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) ban any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

 You agree that by placing an order on the Site, you are entering into a binding contract with Sticky Kit and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

 Any promotion code or offer provided on the Site cannot be used in conjunction with any other promotion, sales or coupons, past or present.

 Some banks and credit card companies impose fees for international transactions. You recognize that all prices on the Site are listed in US Dollar($), and that purchasing with a different currency may result in conversion fees and higher/lower amounts depending on your currency’s value compared to the US Dollar. In addition, you recognize that a Foreign Transaction Fee may be charged by your bank or credit card issuer. If you have any questions about these fees, please contact your bank or credit card issuer.

 

5. The Subscription Contract

Sticky Kit subscriptions are subject to automatic renewal. By starting your Sticky Kit subscription and providing or designating a payment method, you authorize us to charge you on a recurring monthly/3-monthly (depending on your chosen subscription plan) subscription fee at the then-current subscription rate. You agree that Sticky Kit may submit these periodic charges to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. Such notice must be received at least 48 hours prior to your next scheduled renewal date, either by updating your user account at the Site, or emailing us at hello@stickykitjapan.com.

 We reserve the right to adjust pricing for our subscriptions in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your subscription will take effect following email notice to you.

 As a Member, you agree to the following benefits and Terms:

 You must provide us and keep us up to date with accurate contact and payment information, including name, shipping address, and credit or debit card number. We save your payment information for ease of future shipments and charges. All such personal information is subject to the Privacy Policy. You are responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment to us is returned for any reason, we may bill your account again directly and seek payment by another method. Any account changes made after the 15th of each month should not be expected to reflect on the subscription until the following shipping period.

 We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Sticky Kit the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Sticky Kit will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current version is available at https://stripe.com/us/terms#tos. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

 In an effort to get kits to our subscribers as soon as possible, we begin processing shipments prior to the signup cut-off. As a result, all address updates must be made within 48 hours prior to the 15th of each month to ensure they are correctly reflected on your shipment. Our shipping service does not include the forwarding with your mail to an updated address. Any forwarding fees incurred will not be reimbursed or credited to your subscription.

You may skip a renewal or cancel your ongoing membership through the account page on the Site. You must update your account on the Site prior to your scheduled renewal date on the 15th day of the month to skip or cancel the next renewal. IF YOU DO NOT SKIP OR CANCEL PRIOR TO YOUR SCHEDULED RENEWAL DATE ON THE 15TH DAY OF A CALENDAR MONTH, YOU WILL BE CHARGED FOR THE NEXT SUBSCRIPTION PERIOD OF PRODUCT SHIPMENTS TO YOU.

Non-renewing Gift Subscriptions will expire after the purchased term ends. You cannot cancel a non-renewing Gift Subscription and the pre-paid fee is non-refundable. Renewing Gift Subscriptions are purchased on the same automatic renewal terms as regular subscriptions.

We reserve the right to terminate your membership, without notice, for conduct we believe violates these Terms of Service or our policies, is harmful to our business interests, or for an inactive account.

The use of any coupons and/or discounts is limited to ONE per subscription, per person. Further, any coupon and/or discount may only be used toward the first month of the membership. We strictly monitor the use of any coupon and/or discount and any prohibited use will violate these Terms. Violation of the Terms may result in the cancellation of your membership and/or voiding of the entire subject order. Prohibited activity resulting in violation of these terms of service includes, inter alia, repeated cancellations followed by reactivation with new coupons. Multiple or recurring coupons and/or discounts may be used on special offers only when indicated by Sticky Kit and approved promotions dictated by Sticky Kit.

 

6. Returns and Exchanges

If a product is defective, you may return it and we will send you a new item. This new product may be a replacement product of the same kind, or a different product equal to the value of the defective product. If we are absolutely unable to replace the defective product, we will credit your account. To request a return, you must contact us at hello@stickykitjapan.com within 60 days of shipping.

When returning products, it is your responsibility to take reasonable care to see that the products are not damaged in transit and are received by us at our address. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.

Refunds are at the sole discretion of Sticky Kit.

  

7. Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier.

Arrival times are only estimates. Missing or damaged shipments or items must be reported to Sticky Kit within 60 days of shipping to qualify for a replacement or credit to your account.

We are not responsible for packages sent to incorrect addresses. If the package is returned to us, you will be responsible for paying the costs to re-ship it.

Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.

  

8. Product Information; Limitation on Quantities

Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.

  

9. Taxes

You may be charged local sales tax or VAT, if applicable. Sticky Kit is not responsible for import tax, custom tax, and other taxes charged by the local authority.

 

10. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Sticky Kit or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All of our Site's content is Copyrighted by Sticky Kit. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Sticky Kit. All trademarks, service marks, and trade names of Sticky Kit on the Site are trademarks or registered trademarks of Sticky Kit, or of their respective owners.

 

11. User Generated Content

Sticky Kit values your engagement. When contributing content, please consider the following guidelines:

With respect to any materials or content you submit or make available for inclusion on the Site or Sticky Kit's social media channels (including, without limitation, Instagram and Facebook) you grant Sticky Kit a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Sticky Kit the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Sticky Kit will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

We reserve the right to remove or not post your content if it contains any of the following types of content or violates or Terms or other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not: 

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

  • Use obscenities, discriminatory language, or other language not suitable for a public forum;

  • Post advertisements, “spam” content, or references to other products, offers, or websites;

  • Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;

  • Post unduly critical or spiteful comments of other content posted on the page or its authors;

  • Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;

  • Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via hello@stickykitjapan.com.

 

12. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

  

13. Third-Party Links

Certain content, products and services available via our Site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

14. Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy.

 

15. Errors, Inaccuracies and Omissions

We strive to ensure that the information on this site is complete and reliable. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service or product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We also reserve the right to limit quantities purchased and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

16. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

17. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall Sticky Kit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  

18. Indemnification

You agree to indemnify, defend and hold harmless Sticky Kit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.SECTION 15 - SEVERABILITYIn the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

19. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

  

20. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

21. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Japan.

 

22. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

23. Contact Information

Questions about the Terms of Service should be sent to us at hello@stickykitjapan.com.