Right to Use
Your use of the Site and any services offered thereon is subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion.
By visiting and/or using the Site, you agree that you:
- Are of the age of legal consent in your State or jurisdiction;
- Will not use the Site for any illegal or unauthorized purpose, including, without limitation, any attempt to collect personally identifying information, including account names, numbers, email addresses, banking information, or other such personal customer or user data, for commercial purposes or otherwise;
- Are the owner of all of the information you provide to us and/or will submit accurate information to the best of your knowledge, and you have the necessary permissions or consents to use and authorize Kinflyte to collect, use, or display any and all content submitted by you to the site, as may be appropriate;
- Are solely responsible for content you provide to the Site, including without limitation, your name, email address, physical address and other such information;
- Will not use the Site or any services or information offered therein to spread malicious content, viruses, or to defame, harass or malign anyone or any entity; and
Availability of Site and Services
Though we strive to bring you a seamless experience, Kinflyte does not have control over the Internet and its connectivity, and that sometimes means that interruptions may occur. While we take every reasonable action to make sure that the Site remains fully functional and up to date, there may come a time where the Site or its services are unavailable, for any reason or no reason, including for routine maintenance. There may or may not be any prior notice of such unavailability or scheduled maintenance. Due to circumstances either in our control or not in our control, access to the Site and its services may be interrupted, suspended, or terminated.
You acknowledge that Kinflyte owns all of the content that appears on the Site, including all graphics, text, audio and video, subject to copyright protections and/or other intellectual property rights or licenses held by us. This includes all right title and interest in any works of authorship, designations, designs, know-how, ideas, information made or conceived, including any patent rights, whether or not patentable. We also own certain rights in and to our product designs and advertising materials, and their reproductions, further versions, revisions, and/or derivative works (all of the preceding collectively, “Intellectual Property”). We grant to you a limited license to access and make personal, non-commercial use of the Intellectual Property on this website. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Kinflyte, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without our prior written consent, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
Limitations on License
You are not permitted to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not so intended to be read. This includes using or directly viewing the underlying HTML or other code from this Site 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 Site (including any Intellectual Property) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
Terms of Subscription
Kinflyte and its services are available to you over the Internet, and we may communicate with you or provide you with important information by electronic mail or other electronic form using the contact information you have provided to us, as well as postal mail and via general site notifications. You hereby consent to receiving such notifications in electronic form, and agree that all terms, conditions, agreements, notices, disclosures and other communications provided to you by electronic means satisfy any legal requirement that such communications would satisfy if they were in hard copy. You may always opt out of our communications with you by choosing to unsubscribe or by cessation of use of the Site.
Availability of Product and Customer Satisfaction
Kinflyte provides quality products. We will use our best efforts to accurately represent all of our products that are available for purchase. However, as a natural consequence of photo angling, lighting or product popularity, variations in color, size, shape and look may occur, and certain styles may not be available until further notice.
We welcome your comments, feedback, suggestions, ideas, and other submissions (collectively, “Feedback”); however, any Feedback disclosed, submitted or offered to us on or by this Site shall be and remain the property of Kinflyte. You agree to assign any and all property rights and interests to Kinflyte and agree to allow our company unlimited use, commercial or otherwise, of any Feedback. Please note, there is no expectation of privacy in any Feedback submitted to us, and we shall be under no obligation (1) to maintain any comments in confidence; (2) to compensate you or any user for any Feedback, whether or not implemented; or (3) to respond to any of your Feedback. Without limiting any of the foregoing, in the enforcement of this policy, we will maintain the standard levels of data privacy protection as required by any applicable laws.
Additionally, Kinflyte shall have no liability to you or any other user in connection with any content submitted to, transmitted via, displayed or posted on this Site, regardless of whether provided by you or any other party. If you believe that information about you has been incorrectly submitted or submitted without your authorization, please contact us at firstname.lastname@example.org.
Third Party Links
Kinflyte has a community, and sometimes that may mean we will include or promote our trusted partners and their services through our Site; those services are provided by outside third parties. We will disclose any benefit that we receive from your patronage of such outside third parties. Kinflyte does not have any control over the other websites or services that we may link to, their security, or any of the networks that you use to access those third-party providers. Kinflyte is not, and cannot, be responsible for the content, privacy practices, or usage policies of such websites or the companies that own them. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties or any problems in their services. Links to third-party content located on our Site are provided only for your education and convenience and you access them at your own risk. You expressly relieve us of any and all liability arising from your use of or communication with any third party that you may encounter as a result of the Site or any of our services.
ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Kinflyte DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY Kinflyte 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, Kinflyte 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.
INDEMNITY AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Kinflyte BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, REGARDLESS OF THE CAUSE OF THE INTERRUPTION OR CESSATION; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (V) ANY 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, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modification and Termination
Affirmation of Agreement
Thank you for reading this Agreement thoroughly and carefully. You hereby acknowledge and affirm that you have read and agree to be bound by all of the Terms herein.
The Types of Information We Collect
“Personal Information” is information that can be used to identify, locate, or contact an individual. It also includes other data that may be associated with Personal Information. When you sign up for our mailing lists or make purchases through our Site, we may collect the following types of Personal Information:
“Personally Identifying Information,” such as:
Contact information that allows us to communicate with you, such as your name, email address(es), telephone numbers, or other addresses at which you receive communications from, on behalf of or through Kinflyte.
“Non-Identifying Information,” such as:
Information that helps us to understand who you are and what types of offers you might like. This includes location information related to your state/province, city, or neighborhood; items of interest, the types of third-party services you use, and targeted recommendations; and demographic information (e.g., birth date, age). All of this information will be aggregated for data analysis and separated from any of your Identifying Information.
Transaction information about how you interact with our Site, such as the pages or items sections you view, how long and when you view them, the type of browser that you view them from, and how you interact with the Site generally.
These are only examples of information that we may collect, not an exhaustive list.
How We Use the Information About You
The information that you provide to us helps us create a better experience for you and our Kinflyte community. We collect Personal Information in order to customize your shopping experience, and, in some cases, to verify your identity. Additionally, we may use your Personal Information, without limitation, in the following ways:
To provide user support and communicate with you;
To deliver important administrative messages to you;
To detect or protect against any errors or fraudulent activity, as may be required by law;
To operate and improve our Services;
To recommend certain products or offers that may be of interest to you; OR
We will never display or sell your Personally Identifying Information to any third parties.
In order to provide certain site functions through Kinflyte, such as connectivity to your payment provider of choice, we may use third-party agents to process, route or store your information, or to communicate with you. These third-party agents will act on your behalf in order to access and transmit your personal financial information when making purchases through our Site.
Use of Your Email Address
Please note that we will never ask for any Personally Identifying Information by email. You should immediately report any emails you may receive that ask for any Personal Information, whether or not it is Personally Identifying Information, and appear as though they are coming from or promote Kinflyte.
Information You Provide to Third Parties
COPPA Policy for Children Under Thirteen
Kinflyte fully complies with the Children’s Online Privacy Protection Act, and does not intentionally direct any services at children under thirteen (13). Since we do not at this time monitor Site visitors or require any user to give us his or her specific age, it may be possible that children under 13 may access and use the Site without our knowledge. However, if we determine that any user is under the age of 13, we will immediately suspend that user’s account or, if possible, access to the Site, and it shall be that user’s responsibility to provide proof of age to continue use of the Service. If you believe that we have inadvertently collected information of a child under the age of 13, please contact us immediately at email@example.com so that we can remove and/or destroy the information.
Cookies and Related Technologies
To provide a smooth and easy experience when you use our Site, we may use technologies such as cookies, pixel tags, server logs, and other similar technologies to automatically collect and store information. As you use our Site and the services therein, your devices communicate with servers operated by us and by our service providers to coordinate the interactivity and fulfill your requests for services and information.
For example, when you make purchases on our Site, we may place cookies on your device. Cookies allow us to recognize when you return so that we can customize and create a more pleasant user experience for you, and make it easier to check out for your following purchases.
Most of the time, the information we collect using cookies and other tools only provides us with Non-Identifying Information. It often helps us understand what our users are accessing most often and to provide better services or make better offerings. You may always choose not to allow cookies through your device settings, but please note that some of our Site offerings may then no longer work for you.
For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Notice to International Users
Kinflyte operates in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to our affiliates and service providers elsewhere in the world. By providing us with Personal Information, you consent to this transfer. We will protect the privacy and security of Personal Information according to our Privacy Statement, regardless of where it is processed or stored.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at firstname.lastname@example.org or by mail using the details provided below:
4000 Pimlico Drive, Ste 114, #218
Pleasanton, CA 94588