Terms of use and privacy policy

Terms of use (legal) and Privacy Policy

PLEASE READ THE FOLLOWING LEGAL INFORMATION BEFORE USING THIS SITE

Thank you for visiting the kissberrykids^TM  Web Site (the Site).  In light of the complexities governing the use and operation of web sites, we have set forth below a series of Site Access and Use Terms (Terms) that apply to your access to and use of the Site.  Also included in these Terms are the Data Privacy and privacy terms, including European Union terms from the term Data Privacy that appears on the first page of the Site.  Compliance with and acceptance of the Terms are required in order for you to have access to and use of the Site.  Please read the Terms very carefully.  We hope that you will understand that, in the complex legal world of the Internet, access and use terms are required.  We have also included below, as part of the Terms, an identification of kissberrykids's agent for receipt of notice regarding copyright claims and other communications regarding the Site.  If you do not agree with or do not accept any of the Terms, please immediately exit the Site and refrain from further access.  BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS.

Thank you for your understanding.  We hope that you enjoy the Site and find it useful.  Also, please keep in mind that information provided on this site and via linked sites is not for the purposes of seeking or encouraging investment unless specifically designated as such.  

 

1. Your relationship with Retailer Business Intelligence, LLC (RBI)

1.1 Your use of RBI’s products, software, services and web sites (referred to collectively as the Services; in this document and excluding any services provided to you by RBI under a separate written agreement) is subject to the terms of a legal agreement between you and RBI. RBI means Retailer Business Intelligence, LLC, whose principal place of business is at 360 Chastain Manor Drive, Norcross, GA 30071, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with RBI, your agreement with RBI will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the Universal Terms.

1.3 Your agreement with RBI will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the Additional Terms. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and RBI in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the Terms.

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

 

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

a) clicking to accept or agree to the Terms, where this option is made available to you by RBI in the user interface for any Service; or

b) by actually using the Services. In this case, you understand and agree that RBI will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with kissberrykids's, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.

 

3. Language of the Terms

3.1 Where RBI has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with RBI.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

 

4. Provision of the Services by RBI

4.1 RBI is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which RBI provides may change from time to time without prior notice to you.

4.2 As part of this continuing innovation, you acknowledge and agree that RBI may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at RBI’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform RBI when you stop using the Services.

4.3 You acknowledge and agree that if RBI disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.4 You acknowledge and agree that while RBI may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by RBI at any time, at RBI’s discretion.

 

5. Use of the Services by you: Limited Terminable License

As described below, your compliance with the Terms provides a limited, terminable license regarding access to and use of the Site Contents. Site Contents or Contents means images, text, information, sounds, interactive features, links, and other features of the Site.  Site Code means any and all underlying elements of the Site, including, but not limited to source code, object code, and other sets of statements or instructions that relate to the operation or functions of the Site.

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to RBI will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by RBI, unless you have been specifically allowed to do so in a separate agreement with RBI. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.5 Unless you have been specifically permitted to do so in a separate agreement with RBI, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that RBI has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which RBI may suffer) of any such breach.

5.7 Not to alter any Site Content in any manner or use it in a manner specifically prohibited by these Terms or by the instructions in the Site;

5.8 To use the Site Contents for your own informational purposes only.  For example, unless expressly authorized by kissberrykids^TM, you agree not to place any Site Contents on a network and will not use any Site Contents to advertise or otherwise promote any products or services not provided by kissberrykids^TM;

5.9 Not to copy, distribute, reverse engineer, decompile, disassemble, modify, disclose or otherwise use any Site Code without the express written permission of kissberrykids^TM;

5.10 kissberrykids^TM may, solely in its own discretion and without advance notice, revoke the limited license regarding all of the Site Contents or with respect to specific images, texts, other Site features or Site Code.  If requested by kissberrykids^TM, you agree to cease using and/or destroy any copies of the subject Content;

5.11 Unless expressly permitted in writing from kissberrykids^TM, you will not frame, link, associate with advertisements (e.g., pop-ups) or commercially exploit the Site, Site Contents or the Site Code; and

5.12 You are responsible for ensuring that other parties that have access to the Site or Site Contents through your system or with your permission agree to the Terms.

 

6. Your passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to RBI for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify RBI immediately at http://www.RBI.com/support.

 

7. Content in the Services

7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the Content.

7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to RBI (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by RBI or by the owners of that Content, in a separate agreement.

7.3 RBI reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, RBI may provide tools to filter out explicit sexual content. These tools include the Safe Search preference settings (see http://www.RBI.com/help/customize.html#safe). In addition, there are commercially available services and software to limit access to material that you may find objectionable.

7.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

7.5 You agree that you are solely responsible for (and that RBI has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which RBI may suffer) by doing so.

 

8. Ownership of trademarks, copyrights and other property rights

All trademarks, service marks, certification marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in or associated with the Site, the Site Contents and Site Code are the properties of kissberrykids, its owner(s), affiliated entities or its licensors.  Nothing in these Terms or any Site Contents shall convey an ownership interest or a non-terminable license in any trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in or associated with the Site, the Site Contents or the Site Code.  

It is RBI’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of RBI’s policy can be found at http://www.RBI.com/intellectualproperty.

8.1 You acknowledge and agree that RBI (or RBI licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by RBI and that you shall not disclose such information without RBI’s prior written consent.

8.2 Unless you have agreed otherwise in writing with RBI, nothing in the Terms gives you a right to use any of RBI’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with RBI, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and RBI's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at http://www.RBI.com/permissions/guidelines.html (or such other URL as RBI may provide for this purpose from time to time).

8.4 Other than the limited license set forth in Section 9 and 10, RBI acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with RBI, you agree that you are responsible for protecting and enforcing those rights and that RBI has no obligation to do so on your behalf.

8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

8.6 Unless you have been expressly authorized to do so in writing by RBI, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

 

9. License from RBI: Submissions and user grant of license

kissberrykids^TM is pleased to hear from its customers and Site users and we occasionally invite and accept submissions of proposed content for the Site, such as photographs, designs or text.  We welcome your input.  However, due to legal requirements, we cannot provide compensation for, agree to consider, or agree in advance to keep confidential, any submission of creative ideas, disclosures of inventions, other disclosures of potentially useful information, or submissions of any other content.  In order to avoid confusion and unmanageable situations, all content submitted by you via the Site or through any contact information provided in the Site (e.g., addresses, email addresses, telephone numbers, links) is provided with a paid-up, perpetual, non-exclusive license, effective everywhere, to kissberrykids^TM to consider, retain, copy, use, publish, modify, disclose and otherwise exploit the expression, concepts, and information in the content, at kissberrykids^TM sole discretion.  BY SUBMITTING ANY CONTENT, YOU REPRESENT AND WARRANT THAT YOU ARE NOT A MINOR AND THAT YOU HAVE FULL RIGHT AND AUTHORITY TO SUBMIT THE CONTENT AND AGREE TO THESE TERMS WITH REGARD TO THE CONTENT.  kissberrykids^TM may, in its sole discretion, determine that the submission and its contents should be kept confidential.  Any or all of these license rights can be assigned and sublicensed by kissberrykids^TM and they apply to all manner of copying, display, distribution, transmission, communication, reproduction, storage, recording and all other media or means of exploitation now known or hereafter conceived.  If any applicable law, judicial decision or regulatory requirement restricts or limits the provisions of this paragraph, kissberrykids's liability, if any, will be limited in accordance with THE LIMITATION OF LIABILITY terms in Sections 9 and 10 of these Terms.

9.1 RBI gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license for non-commercial purposes to use the software provided to you by RBI as part of the Services as provided to you by RBI (referred to as the Software below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by RBI, in the manner permitted by the Terms.

9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by RBI, in writing.

9.3 Unless RBI has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

 

10. Content license from you

10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give RBI a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling RBI to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

10.2 You agree that this license includes a right for RBI to make such Content available to other companies, organizations or individuals with whom RBI has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

10.3 You understand that RBI, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit RBI to take these actions.

10.4 You confirm and warrant to RBI that you have all the rights, power and authority necessary to grant the above license.

 

11.  Forward – looking statements

Some of the statements contained on this Site may constitute forward-looking statements.  These statements relate to future events or our future financial performance and involve known and unknown risks, uncertainties and other factors that may cause our businesses or our industry's actual results, levels of activity, performance or achievements to be materially different from those expressed or implied by any forward-looking statements.  Such statements include, in particular, statements about our plans, strategies, prospects, changes and trends in our business and the markets in which we operate.  In some cases, you can identify forward-looking statements by terminology such as may, will, could, would, should, expect, plan, anticipate, intend, believe, estimate, forecast, predict, propose, potential, continue or the negative of those terms or other comparable terminology. These statements are only predictions.

Factors that may cause our actual results to differ materially from those expressed or implied by the forward-looking statements include, among others: (a) risks associated with any indebtedness and debt service; (b) performance of our business and future operating results; (c) risks related to acquisition strategies and integration of acquired businesses; (d) risks related to the loss of personnel; (e) the cyclicality of many business areas; (f) risks of competition in existing and future markets and developments of new technologies by competitors; (g) increases in the cost of compliance with laws and regulations, including environmental laws and regulations and potential liability relating to claims, complaints and proceedings; (h) general business and economic conditions, particularly any economic downturn generally and in our markets specifically; and (i) difficulties presented by international, economic, political, legal, accounting and business factors.  You should not place undue reliance on these forward-looking statements, which speak only as of the date of such statements.  We disclaim any obligation to update or revise these forward-looking statements to reflect events or circumstances after the date of such statements or to reflect the occurrence of unanticipated events, except as may be required by law.

 

12. Public communications, forums and interactive

As a convenience to visitors of the Site, kissberrykids^TM may provide from time to time, at its sole discretion, one or more chat areas, blog areas, message boards, email functions, contact information, polls, surveys, and other features for use by visitors to the Site.  Such features are referred to herein as Visitor Features.  kissberrykids^TM may, in its sole discretion and without advance notice, discontinue provision of any Visitor Features to any or all Site visitors and may, in its sole discretion, remove any content provided by a Site visitor.  Users of Visitor Features are bound by and must comply with the Terms, and must agree NOT to do the following:

12.1 Transmit any content that is damaging, disruptive, obscene, unlawful, inaccurate, defamatory, illegal or otherwise objectionable to kissberrykids^TM;

12.2 Impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy or violate the personal or proprietary right of any person or entity;

12.3 Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations having the force of law, while you are using or accessing any Visitor Features; and

12.4 Infringe the copyrights, trademarks, or other personal or proprietary rights of any person or entity.

kissberrykids^TM hopes that all of those who use and have access to the Site will follow the Terms and otherwise conduct themselves properly.  However, kissberrykids^TM cannot be responsible for monitoring, verifying or substantiating content or code provided by third party users of the Site.  Therefore, you agree that kissberrykids shall not be liable for any breach of the Terms by third parties or for other injurious behavior engaged in by third parties who use or gain access to the Site.  Also, any content provided by a Site Visitor is also subject to the grant of rights to kissberrykids^TM in Sections 9 and 10 of these Terms.

 

13. Links

Unless expressly stated otherwise by kissberrykids^TM, kissberrykids^TM does not necessarily control sites that may be linked to or from the Site.  kissberrykids^TM cannot monitor or otherwise evaluate such sites, and kissberrykids^TM is not responsible for any of their contents, features, codes, underlying materials, terms of access or privacy policies.  Even if you are linked to a web page other than the front page of the linked site, you are responsible for checking that site's terms and conditions of access and use, as well as the site's privacy policies.  Materials on other sites may be subject to proprietary rights and other restrictions.  LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND THEIR USE IS AT YOUR SOLE DISCRETION AND RISK.

All links to this Site or any of its pages require the prior express written consent of kissberrykids^TM, except that kissberrykids^TM consents to external links in circumstances in which all of the following are present: (a) the link is text-only and contains only the name kissberrykids^TM; (b) the link directs the Internet browser to the main page of the Site and not to other web site pages within this Site; (c) the link, when in use with any browser, displays the entire Site full screen without frames and does not utilize banner advertisement or pop-up advertisements or otherwise obscure, hide, modify or minimize any page contained in the Site; (d) the appearance, display or formatting of any page on the Site is not juxtaposed, associated with, positioned with, or otherwise related to any other activity, product, entity or person such as to create a false impression that kissberrykids^TM has a relationship with any such activity, individual, entity or product or that kissberrykids^TM endorses, sponsors or is associated with such activity, individual, entity or product when it is not; and (e) does not damage, disparage or deplete the goodwill associated with any trade name, trademark or service mark belonging to or associated with kissberrykids^TM.  AT ANY TIME AND FOR ANY REASON, KISSBERRYKIDS^TM, IN ITS SOLE DISCRETION AND WITHOUT ANY LIABILITY TO YOU, MAY REVOKE THIS CONSENT TO LINK TO THE SITE.

 

14. Warranty disclaimers, investment information, damage limitation, indemnification

THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDING BUT NOT LIMITED TO LINKED SITE CONTENTS), AS WELL AS THE OPERATION OF AND EFFECTS OF ACCESS TO THIS SITE AND LINKED SITES, ARE PROVIDED AS IS.  KISSBERRYKIDS^TM, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY, EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF:  (1) SUITABILITY FOR ANY PARTICULAR PURPOSE, (2) MERCHANTABILITY, (3) COMPLETENESS, (4) ACCURACY, (5) NON-INFRINGEMENT, AND (6) FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES, AND OTHER HARMFUL COMPONENTS. 

IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT, NEGLIGENCE, TORT OR OTHER PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, KISSBERRYKIDS^TM, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, OR DAMAGES FOR BUSINESS DISRUPTION OR LOSS OF INFORMATION. 

TERMS REGARDING THE DEMONSTRATION, TESTING, SALE, TRANSFER, LICENSE OR USE OF KISSBERRYKIDS'S PRODUCTS AND SERVICES MAY CONTAIN ADDITIONAL PROVISIONS AND DISCLAIMERS. 

PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES.  THEREFORE, SOME OF THE ABOVE TERMS MAY BE INAPPLICABLE TO PARTICULAR CIRCUMSTANCES.

You agree to indemnify, defend and hold harmless kissberrykids^TM, its predecessors, owners, directors, officers, personnel, suppliers, agents, and contractors from any and all claims and causes of actions arising from or related to any violation of the Terms by you or by others that gain access to the Site through your system or to whom you have provided access to Site Contents.  kissberrykids^TM reserves the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with kissberrykids^TM in asserting any available defenses.  You shall be responsible for any damages or fines assessed due to violation of the Terms by you or others that gain access to the Site through your system or to whom you have provided access to Site Contents.

 

15. Products and services

PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE MAY BE SUBJECT TO LICENSE TERMS AND TERMS OF USE OR SALE THAT ARE IN ADDITION TO, OR DISTINCT FROM, THE TERMS.  THEREFORE, THE PROVISION AND ACCEPTANCE OF ANY SUCH PRODUCT OR SERVICE SHALL BE SUBJECT TO ANY ADDITIONAL OR DISTINCT TERMS SUPPLIED BY KISSBERRYKIDS^TM OR THE THIRD PARTY SUPPLIER(S) OF THE PRODUCT(S) OR SERVICE(S).

 

16. Changes to site or terms of access and use

kissberrykids^TM reserves the right, at its sole discretion, without advance notice, to change, modify, add or remove all or any portion of the Site or the Terms.  Changes to the Terms shall be immediately effective when posted.  You agree to review the Terms periodically to be aware of any changes.  Your access to and continued use of the Site after the changes are posted shall constitute acceptance of those changes.  Also, events may occur that result in disruption or discontinuation of access to the Site, removal of specific Site Contents or corruption of Site Code.  Therefore, kissberrykids^TM reserves the right, without liability, to: (1) discontinue provision of access to the Site to any and all users without notice; and (2) remove or modify any Site Content.

 

17. Changes in site or rights ownership

You agree that these Terms and kissberrykids's interests, rights, and obligations hereunder, can be transferred by kissberrykids^TM to a subsequent owner of an interest in this Site or any of the Site Contents.

 

18. Privacy terms

We appreciate that you have visited our Site.  Our privacy terms are meant to ensure that the Site can operate efficiently and be used as a tool to provide services. 

18.1 Inquiries

If you request information from KissBerryKids^TM or our parent company, Retailer Business Intelligence, LLC, or wish to share an experience you had with one of our garments, we may ask for personal information such as your name, address, email address, the dress style number, size, etc., plus any other information you may wish to share, so that we can best respond to your comments. Email comments, letters, postcards and pictures sent to KissBerryKids^TM or our parent company, Retailer Business Intelligence, LLC may be used for editorial purposes or in promotional advertising and/or marketing materials. This policy is subject to change.

18.2 Links (also see section 13)

Sites that hotlink to, or are linked from, this Site (the official Kissberrykids^TM website ) may have different privacy terms. Those other websites are not under our control. Retailer Business Intelligence, LLC is not responsible for the privacy practices or the content of other websites. You should consult the privacy policy of the site to or from which you link to determine the information practices of that site.

18.3 Cookies

When you visit the Site, we may use the widely-used technology called cookies.  Cookies are bits of data sent to your browser for the purposes of authenticating, tracking and maintaining information about your use of the Site, such as site preferences and electronic shopping cart contents.  We collect and use, and may from time-to-time supply third parties with, this information as anonymous, collected or aggregated user data for the purposes of analysis, quality control and improvements to the Site.  Most Internet browsers will allow you to erase cookies from your computer's hard drive, block acceptance of cookies, or receive a warning that a cookie is stored.  Please note, however, that if you block cookies, some portions of the Site may not function properly.  Your computer user's manual or help screen may contain more information on how to eliminate or control the use or storage of cookies.

As with many other web sites, when you visit this Site, our web server or system may automatically recognize and store information.  Examples of such information might include identification of the type of Internet browser used, the type of operating system your computer has, the name of the Internet service used, the user's click path, the advertisement or link used to gain access to the Site, and the exit link or path from the Site.  This type of non-personal information helps us to evaluate the features of our Site and to determine the best ways to provide our services.  At times, we will share such information with our affiliates or parties that are helping with our Site or working with us.  In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to RBI will always be accurate, correct and up to date. If you provide personal information, such as a name and address, we may use that information to communicate with you, or our affiliates or parties working with us may use the information to communicate with you.  If any personal information is incorrect or objectionable, please contact the kissberrykids^TM Communications Director identified in Section 20 of these Terms.

Web beacons are web page images that allow kissberrykids^TM to gather anonymous data about visits to the Site.  This information is sometimes referred to as click stream data.  kissberrykids^TM may collect click stream data regarding the Site and its use through web beacons or similar technology.  kissberrykids^TM may use this data, alone or in combination with other data to assess and improve the features of this Site.

Any personal data collected about European Union (EU) visitors via this web site or when you contact kissberrykids's sales, customer or technical support will be processed in the United States by kissberrykids^TM or a party acting on its behalf.  When you provide such personal data to kissberrykids^TM, you consent to the processing of your data in the United States as this Site is operated in the United States.  kissberrykids^TM is the party responsible for the processing of your personal data and we have taken measures and implemented policies for compliance with EU requirements.

18.4 Promotions and Events

If you choose to take part in a special promotion or event, we'll ask for any information necessary to the administration of the event such as your name, email address, and shipping address. We may, on occasion, co-sponsor promotions with third parties. We will notify you at the time of collection if third parties will obtain your personal information.

18.5 Surveys

From time to time we may post surveys on our Site. The surveys may request demographic information (such as age range, gender, areas of interest, and familiarity with Retailer Business Intelligence, LLC products and services) and customer feedback. Participation in these requests is completely voluntary and with each request you will have the choice of whether or not to disclose information. Such survey information will be used to improve the overall experience on www.KissBerryKids.com.

18.6 Aggregate Information

We collect Aggregate Information about you and your use of our Website whenever you visit us online. For instance, we may collect various forms of click stream information such as entry and exit points for our Website (i.e., referring URLs or domains), site traffic statistics, page views, impressions, and operating system and browser type. In addition, when users request pages on our Website, our servers automatically log their IP addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web.

We also may use third-party software that tracks traffic directed to www.KissBerryKids.com from affiliate Websites and the purchases that result from this traffic. This information is aggregated and is not tied to an individual purchase.

This Aggregate Information generally will not personally identify you or be correlated to you individually for external purposes. We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all Aggregate Information, provided that, such information does not personally identify you. When we share such information with other companies, it is not traceable to any particular user, and will not be used to contact you. If we do correlate any Aggregate Information to you, such information will be treated like any other Personal Information under this policy.

18.7 Member Communication

At various points on our site you may have the option to join our email list and receive information about our products, services and special offers. Also, if you provide us with your email address on our registration page, Birthday Club page or special promotion pages, you may automatically be added to our email list and receive marketing or promotional information from Retailer Business Intelligence, LLC. If you do not wish to receive our marketing emails, or you wish to cancel your Birthday Club membership, you may opt-out by clicking on the unsubscribe link found at the bottom of all Retailer Business Intelligence, LLC marketing emails, or you may click here www.KissBerryKids.com/unsubscribe. You can also request removal via postal mail by writing to:

Retailer Business Intelligence, LLC

Marketing Department

360 Chastain Manor Drive

Norcross, Georgia 30071

Please be aware that it can take up to 10 business days to remove you from our marketing email lists. At various points on our site you may also have the option to join one of our retail partners' email lists. To unsubscribe from any partners' email lists, please follow their instructions on how to unsubscribe.

18.8 Disclosures

We won't give any of your personal information to anyone outside of Retailer Business Intelligence, LLC, other than our agents or third party retail or licensed apparel partners who may need, for example, to respond to your requests or inquiries, or help us improve our products or website. We require our agents and third party partners to respect our privacy practices and not use your personal information for purposes other than to carry out our instructions and/or our joint promotions.

Retailer Business Intelligence, LLC; reserves the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to protect the integrity of the site, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

If you supply personal information, such as your name, address, email address or telephone number, you may be contacted to so that we may provide you with information regarding products, services or events that may be of interest to you.

kissberrykids^TM may accept personal data from EU customers who contact our sales, customer and technical support personnel for support, product and service information or product registration.  We do not share such information with third parties for their direct marketing purposes.  Also, we will not use such data to market to you directly unless you provide your permission.

18.9 Children's Security

Retailer Business Intelligence, LLC recognizes the need to provide additional privacy protection to children. Children 12 years old and younger may visit www.KissBerryKids.com without disclosing any personally identifiable information. However, it is sometimes necessary to collect some personally identifiable information about children in order to allow them to use a feature of our site (like joining the KissBerryKids^TM Birthday Club). In addition, be aware that all sites that are targeted to children 12 and younger are prohibited by law from collecting more information than they need.

Only a parent or guardian may register a child 12 or younger for the KissBerryKids^TM Birthday Club. When a parent registers a child for the Birthday Club, we request the child's name, date of birth and parent's e-mail address. We collect this information in order to verify the child's age, send personalized Birthday Club e-cards, and provide other Birthday Club benefits (such as sweepstakes, newsletters, e-cards and special offers). Parents may review this information at any time by going to the Birthday Club account management section of the website.

We will not disclose any children's information to anyone outside of Retailer Business Intelligence, LLC and our agents. Please direct all communication concerning children's information to Retailer Business Intelligence, LLC (contact information is given below). Our agents may need children's personal information in order to fill an order, respond to a request or help provide Birthday Club services, prevent fraud, or assist us in the management and improvement of our website. We require our agents to respect our privacy practices concerning children's information and not use children's information for purposes other than to carry out our instructions.

Parents may request at any time that we delete information about their children from our databases. If you would like to deactivate your child's Birthday Club account, please unsubscribe to remove your child from the registration list.

18.10 Company Sale

In the unlikely event of a sale of some or all of our business, Retailer Business Intelligence, LLC may disclose your personal information to a purchaser that agrees to abide by the terms and conditions of this privacy policy.

18.11 Employment

If you have supplied personal information to us in connection with your application for employment or to provide products or services, you consent to the retention of such information by kissberrykids^TM for reasonable periods so that they may be considered for future opportunities. 

You may use the following contact information provided for our Communications Director in Section 20, below, at any time to: (a) submit inquiries or other communications regarding kissberrykids's privacy policies; (b) object to or restrict kissberrykids's use of your information for direct marketing purpose; or (c) request deletion or correction of such information.

Retailer Business Intelligence, LLC reserves the right to change this Privacy Policy at any time. Be sure to check this page periodically for updates.

Contact Us

If you have any questions regarding our privacy practices, you can write to us at Retailer Business Intelligence, LLC, Customer Service, Attention: Marketing Department, 360 Chastain Manor Drive, Norcross, GA, 30071.

 

19. Access from outside of the United States and export control matters

By providing personal information and other information through use of the Site, all users, including, but not limited to, users in the European Union, fully understand and consent to the collection and processing of such information in the United States of America.  This Site is operated from a location in the State of Georgia, United States of America.  kissberrykids^TM makes no representation that the Site, the Site Contents, links, or the Site Code are appropriate for use in countries other than the United States.  All users are responsible for compliance with applicable laws.

Software, information and technology provided for downloading or otherwise obtained via this Site may be subject to U.S. export controls, such as the Export Administration Act (50 U.S.C.  Appx. sect 2401 et seq.) and the Export Administration Regulations (EAR, 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries.  You are responsible for complying with all trade regulations and laws both foreign and domestic.  Except as authorized by law, you agree and warrant not to export or re-export the Site Contents, Site Code or any other items or information gained via this Site to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals.  You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

 

20. Communications regarding copyright and other matters

If you believe that any Site Code or Contents in a linked site or in this Site, including but not limited to content provided by third parties via Visitor Features, infringes a copyright or other proprietary right or is otherwise injurious, please forward the following information to our Copyright & Notice Agent at the address specified below:

20.1 Your name, address, telephone number, email address and other pertinent contact information;

20.2 A description of the right that you believe is infringed or the injury that you believe is being caused;

20.3 A detailed description of where the allegedly infringing or injurious content or code is located;

20.4 A statement by you, with respect to the right or injury, that you have a good faith belief that the objectionable use is not authorized by either the owner of the asserted right, an agent of the owner, or by operation of law;

20.5 An electronic or physical signature of the person authorized to act on behalf of the owner of the asserted right and/or an electronic or physical signature of the person(s) who claims injury;

20.6 A statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the owner of the asserted right, or are authorized to act on behalf of the owner, or are an injured party; and

20.7 Any other information required for specific notice of the claim and allegedly infringing or injurious item.

Our Copyright Agent and recipient for other communications regarding the Site is:

Communications Director - Copyright Agent

kissberrykids^TM

360 Chastain Manor Drive

Norcross, Georgia 30071

We seek to preserve all rights and exemptions from liability available under law, including without limitation, copyright law, but we do not stipulate that we are a service provider for all purposes. 

 

21. Jurisdiction, dispute resolution, interpretation, severability and merger

These Terms, and all disputes arising from or related to them, their interpretation, or their subject matters (including but not limited to Site Contents) shall be governed by, resolved and remedied in accordance with the laws of the State of Georgia, USA (without resort to conflict of law principles) as it applies to agreements entered into and to be performed entirely within such State and to acts or omissions occurring wholly within the State.  Any claims arising from or related to the Terms or their subject matters shall be brought and resolved only in the appropriate State or Federal Courts located in Georgia and you expressly consent to the jurisdiction and exclusive venue of said courts.  However, kissberrykids^TM, at its sole discretion, can also institute or convert any action (no matter which party initiates it) to arbitration under the applicable rules of the American Arbitration Association, said arbitration to:  (1) apply the choice of law specified above; and (2) take place in Georgia.