Terms & Conditions

Terms & Conditions

Terms Of Use

Welcome to Nikibiki.com, the online shopping market. This website, Nikibiki.com is provided to you free of charge, "as is," by Nikibiki, Inc. By accessing and using our website and the information, including services and products available within, you comply that you have read, understand, and agree to the terms and conditions bound contained herein, whether or not you are a registered member in Nikibiki.com.

Please read the following terms and conditions of use carefully before using this website. All users of this site agree that access to and uses of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Eligibility

Nikibiki.com is an online marketplace intended solely for users 18 years of age or older. By registering as a member in Nikibiki.com, you warrant and agree that you are 18 years of age or older and that you abide by all of the Terms of Use within this Agreement. Membership terms herein are void where prohibited.

Membership Registration

With the terms and conditions contained herein, by registering in Nikibiki.com you agree to provide accurate, truthful, and complete information about you and your company prompted by the registration form on this website. By the terms of this Agreement you are fully responsible for all usage of your account as well as for any actions and consequences that take place on Nikibiki.com by the use of your account and membership.

External Links

Nikibiki.com hyperlinks to other websites may include additional Terms of Use. By accessing and using those external websites, you may also be subject to the Terms of Use of each of those individual external websites outside the domain Nikibiki.com. In the event where the Terms of Use on any of the other websites conflict with any terms and conditions contained herein, the Terms of Use of the other website will take precedence. Nikibiki.com assumes no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content.

Products

Availability and selection of the products on this website are subject to supply. Product descriptions, specifications, colors, and pricing are subject to change by Nikibiki.com at any time without notice. Prices displayed at the site are quoted in U.S. Dollars.

Typographical Errors

In the event that a Nikibiki.com product is mistakenly listed at an incorrect price, Nikibiki.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Nikibiki.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Nikibiki.com shall issue a credit to your account in the amount of the incorrect price.

Proprietary Rights And Limited License

The entire content of Nikibiki.com past and current, including but not limited to artwork, text, images, design, animations, banners, information as site content and files available for download, are copyrighted property of Nikibiki.com and all rights are reserved. No content on Nikibiki.com should be distributed, copied, published, or reproduced without written consent of Nikibiki.com. All photography taken in-house and provided as a service in Nikibiki.com is property of Nikibiki.com. The terms and grants in this limited license are revocable at any time without notice and with or without cause

Communications And Submissions

All communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Nikibiki.com on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site ("Submissions") shall be and remain Nikibiki.com property. Such disclosure, submission or offer of any comments shall constitute an assignment to Nikibiki.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the submissions. Nikibiki.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions.

Nikibiki.com shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services. By your participation in surveys, contests or promotions on this site, and/or the request of promotional information or product updates, you hereby agree that Nikibiki.com may use information about you for marketing, product development and promotional purposes.
Nikibiki.com is under no obligation to maintain any submissions in confidence, to pay user any compensation for any submissions, or to respond to user submissions. You agree that no submissions by you to this site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). In addition, you agree that no submissions by you to this site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submissions you make.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Nikibiki.com. The collective work includes works that are licensed to Nikibiki.com. Copyright 2009, Nikibiki.com ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Nikibiki.com or purchasing Nikibiki.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Nikibiki.com or to purchase Nikibiki.com products.

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Nikibiki.com.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names on this site, including without limitation, NIKIBIKIUSA, INC. design are property of NIKIBIKI LLC No use of these may be made without the prior written authorization of NIKIBIKI LLC, except to identify the products or services of NIKIBIKI LLC The products, logos, designs, advertisements and images described and/or displayed on this site may be intellectual property with rights reserved by NIKIBIKI LLC or by other third parties. No license is granted with respect to these intellectual property rights.

All materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials appearing on this site (collectively, "Content") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by NIKIBIKI LLC collectively, and its subsidiaries and/or affiliates. This Internet site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by NIKIBIKI LLC and all other NIKIBIKI LLC trademarks appearing on this site are trademarks of NIKIBIKI LLC

Third Party Marketplace Policy

NIKIBIKI LLC (“NIKIBIKI”) is committed to making highly fashionable, most functional, and premium seamless apparel. Part of NIKIBIKI’s success has come from our confiding relationships with our customers and vendors, providing them with consistent, quality products and when necessary, outstanding customer service. In order to ensure the quality, authenticity, and after-service of our products across the open market, we have adopted the following Third Party Marketplace Policy (the “Policy”) applicable to all authorized retailers of NIKIBIKI products (“Retailers”) in the United States, including, but not limited to, brick-and-mortar retailers, online retailers, and catalog retailers.

1. The purpose of this Policy is to provide Retailers a framework for distributing NIKIBIKI products.

2. NIKIBIKI does not seek, nor shall it accept, any agreement by any Retailer to abide by this Policy. Rather, NIKIBIKI has unilaterally determined that it will only distribute its products through Retailers that consistently comply with the Policy. NIKIBIKI will not discuss any conditions of acceptance related to the Policy, as it is non-negotiable and will not be altered for any Retailer.

3. While Retailers remain free to advertise and sell NIKIBIKI products at any price they deem appropriate, it is a violation of this Policy, to promote or distribute NIKIBIKI products on third party online platforms including, but not limited to, Amazon.com, eBay.com, and Walmart.com.

4. Retailers are expected to limit the distribution of NIKIBIKI products through physical retail locations and registered business websites.

5. NIKIBIKI reserves the right to revoke the “authorized” status of any Retailer found in violation of this Policy and cancel any pending shipments or open orders accordingly.

6. This Policy does not prevent any Retailer from unilaterally determining to distribute NIKIBIKI products on third party open market platforms. Each Retailer remains free to independently determine whether to abide by or disregard this Policy.

7. No NIKIBIKI employee or agent is authorized to modify, interpret, or grant exceptions to this Policy; solicit or obtain the agreement of any person to abide by this Policy; or otherwise discuss any aspect of this Policy with any Retailer, including that Retailer’s or any other Retailer’s compliance with the terms of the Policy, except through written notice. NIKIBIKI does not intend to, nor shall it, coerce any Retailer to comply with this Third Party Marketplace Policy or to otherwise raise prices for any NIKIBIKI product. If notified of any Policy violation, NIKIBIKI does not undertake any obligation to enforce this Policy as against any other Retailer except as determined in its sole discretion. Any questions about this Policy should be submitted in writing and directed to NIKIBIKI’s Policy Administrator at info@nikibiki.com. NIKIBIKI will accept no other form of communication from Retailers regarding the Policy.

8. All matters of interpretation and application of the terms of this Policy remain within NIKIBIKI’s sole discretion. NIKIBIKI reserves the right to modify this Policy at any time without notice. This Policy is effective as of the Effective Date set forth above and supersedes all prior NIKIBIKI policies regarding third party marketplaces or distribution practice for NIKIBIKI products applicable to all Retailers.

Indemnification

You agree to indemnify and hold Nikibiki.com, its officers, directors, owners, partners, agents and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of Nikibiki.com, the violation of these terms and conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity. Nikibiki.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Miscellaneous

These terms and conditions shall be governed by and construed in accordance with the laws of the state of California, U.S., and you agree to submit to the personal jurisdiction of the courts of the state of California. In the event that any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related the use of Nikibiki.com must be filed within one year after such claim or cause of action arose.

Disclaimers And Liability

Nikibiki.com provides the information, services, and products available on this website "as is," with no warranties whatsoever. All expressed warranties and all implied warranties, including warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary tights are hereby disclaimed to the fullest extent permitted by law.

The information, services and products available to you on this website may contain errors and are subject to periods of interruption. While Nikibiki.com does its best to maintain the information, services and products it offers on the website, Nikibiki.com cannot be held responsible for any errors, omissions, defects, lost profits, or other consequential damages arising from the use of this website.

if you are dissatisfied with the products and services offered in this website, or any portion thereof, your exclusive remedy shall be to cease all activities on Nikibiki.com

Duration

This Agreement remains in effect unless and until terminated by either you or Nikibiki.com. You may terminate this Agreement at any time. Nikibiki.com may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site if in Nikibiki.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Nikibiki.com, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

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