TERMS & CONDITIONS

1. Eligibility and Acceptance

These terms and conditions are entered into by and between You and We Are Extinct - Design Studio. Kawaii Essentials is part of We Are Extinct - Design Studio (hereafter referred to as ‘We Are Extinct,’ ‘We Are Extinct - Design Studio,’ ‘Kawaii Essentials,’ ‘we,’ or ‘us’). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, ‘terms of service’), govern your access to and use of our services, whether as a guest or a registered user. ‘Services’ means Kawaii Essentials’ website and content. Please read the Terms of Service carefully before you start to use the services. By using the services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and by our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Services. The Services are offered and available only to users who are 18 years of age or older.

By Using the Services, you represent and warrant that you are of legal age to form a biding contract with Kawaii Essentials, are not associated with a company providing similar services, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the services.


2. Updates to the Terms

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. Your continued use of the Services following the posting of revised Terms of Service means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.

3. Accessing the Services

We reserve the right to introduce, withdraw or amend websites, or any content, material, product offering or other Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for making all arrangements necessary for You to have access to the Services. To access the third-party Services (e.g. merchandise through Etsy and/or NFTs through Opensea) You may be asked to provide certain registration details or other information. It is a condition of Your use of the Services that all the information You provide to access the Services is correct, current, and complete. You agree that all information You provide to register for these Services or otherwise, including, but not limited to, through the use of any Purchaser-only features, is governed by our Privacy Policy and You consent to all actions we take with respect to Your information consistent with our Privacy Policy. Depending of the Services you use, you also comply to the Privacy Policy of third-party Services and have read these carefully. If You choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Services or portions of them using Your user name, password, or other security information — not even to another person associated with Your business. You agree to notify us immediately of any unauthorised access to or use of Your user name or password or any other breach of security. If You are using a public or shared computer, You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by You or provided by us, at any time if, in our opinion, You have violated any provision of these Terms of Service.


4. Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by We Are Extinct - Design Studio, its licensors, or other providers of such material and are protected by The Netherlands and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We grant You a limited, personal, non-exclusive, and non-transferable license to access and use the Services only as expressly permitted in these Terms of Service. You must not reproduce, distribute, license, sell, modify, create derivative works of, publicly display, publicly perform, republish, broadcast, download, store, or transmit any of the material accessible using our Services, except as follows:

* Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
* You may store files that are automatically cached by Your Web browser for display enhancement purposes.
* You may print one copy of a reasonable number of pages of the Services for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
* If we provide social media or other interactive features with certain content, You may take such actions as are enabled by such features.
You must not:
* Modify copies of any materials of the Services except as expressly permitted by these Terms and Conditions.
* Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
*
If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Service, Your right to use the Services will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Services or any content on the Services is transferred to You, and all rights not expressly granted are reserved by We Are Extinct - Design Studio. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. The Kawaii Essentials name, marks including the Kawaii Essentials logos, and all related names, logos, product and service names, designs, and slogans are trademarks of We Are Extinct - Design Studio. You must not use such marks without the prior written permission of We Are Extinct - Design Studio. All other names, logos, product and service names, designs, and slogans that may appear in the Services are the trademarks of their respective owners.


5. Prohibited  Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
* In any way that competes with our business.
* In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
* To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
* To transmit, or procure the sending of, any mass advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
* To impersonate or attempt to impersonate Kawaii Essentials, a Kawaii Essentials employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
* To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Kawaii Essentials or users of the Services, or expose them to liability.
Additionally, You agree not to: - Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services. - Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services. - Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorised in these Terms of Service, without our prior written consent. - Use any device, software, or routine that interferes with the proper working of the Services. - Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. - Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services. - Attack the Services via a denial-of-service attack or a distributed denial-of-service attack. - Otherwise attempt to interfere with the proper working of the Services.


6. User Submissions

The Services may, now or in the future, contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons, or otherwise provide (hereinafter, “post”), content, materials or other data (collectively, “User Submissions”) on, to or through the Services. All User Submissions must comply with the Content Standards set out in these Terms of Service. Any User Submission You post through the Services will be considered non-confidential and non-proprietary. By providing any User Submission, You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, including for marketing purposes, in accordance with our Privacy Policy and Your account settings. You represent and warrant that:
* You own or control all rights in and to Your User Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
* All of Your User Submissions do and will comply with these Terms of Service.
You understand and acknowledge that You are responsible for any User Submissions You submit or contribute, and You, not We Are Extinct - Design Studio, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by You or any other user of the Services.


7. Monitoring and Enforcement: Termination

We have the right to:

* Remove or refuse to post any User Submissions for any or no reason in our sole discretion.
* Take any action with respect to any User Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submission violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Kawaii Essentials/ We Are Extinct - Design Studio.
* Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
* Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Services.
* Terminate or suspend Your access to all or part of the Services for any violation of these Terms of Service.
* Terminate Your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS Kawaii Essentials AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted to the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


8. Content Standards

These content standards apply to any and all User Submissions and use of Interactive Services. User Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:

* Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
* Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
* Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, or otherwise contain any content, materials, data or other information that is not lawfully provided to us.
* Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
* Be likely to deceive any person.
* Promote any illegal activity, or advocate, promote, or assist any unlawful act.
* Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
* Impersonate any person, or misrepresent Your identity or affiliation with any person or organisation.
* Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.


9. Reliance on Information

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other user (whether registered or a guest) of the Services, or by anyone who may be informed of any of its contents. The Services include content provided by third parties, including materials provided by other third party service providers, financial institutions, and/or other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Kawaii Essentials, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Kawaii Essentials. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

10. Updates to Website

We may update the content on our websites from time to time, but the content is not necessarily complete or up-to-date. Any of the material on any website may be out of date at any given time, and we are under no obligation to update such material.

11. Information About You and Your Use of the Services

All information we collect through the Services is subject to our Privacy Policy. By using the Services, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.

12. Purchases

All purchases through Opensea and/or Etsy are governed by the terms and conditions of the according platforms. You are responsible for reviewing and agreeing to these terms. If You do not review or do not agree with the applicable terms for online purchases, do not make any purchases through the Services.

13. Links from the Services: Third Parties

If the Services contain links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in any third-party product marketplaces and in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those third-party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to in the Services, You do so entirely at Your own risk and subject to the terms and conditions of use for, and privacy policies applicable to, such websites. You will comply with, and You acknowledge that You are subject to, all terms and conditions of use for, and privacy policies applicable to, all third parties whose services interoperate with, or are otherwise accessed from, the Services.

14. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE ARE EXTINCT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT OF THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. The limitation of liability set out above does not apply to liability resulting from our gross negligence or wilful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF WE ARE EXTINCT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO WE ARE EXTINCT IN THE TWELVE MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. YOU ACKNOWLEDGE AND AGREE THAT WE ARE EXTINCT HAS MADE THE SERVICES AVAILABLE TO YOU IN RELIANCE ON THE LIMITATIONS OF LIABILITY IN THIS SECTION 16, AND THE DISCLAIMER OF WARRANTIES IN SECTION 15 ABOVE, AND WITHOUT SUCH DISCLAIMERS AND LIMITATIONS WE ARE EXTINCT WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU.

15. Indemnnification

You agree to defend, indemnify, and hold harmless We Are Extinct - Design Studio, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Service or Your use of the Services, including, but not limited to, Your User Submissions, any use of the Services’ content, functions, and products other than as expressly authorised in these Terms of Service, or Your use of any information obtained from the Services.

16. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of The Netherlands without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of The Netherlands. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

17. Entire Agreement

The Terms of Service and our Privacy Policy (and consequential Terms of Service and Privacy Policy of OpenSea and/or Etsy in case of usage of these platforms) constitute the sole and entire agreement between You and We Are Extinct - Design Studio, regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

18. Contact

The Services are operated by We Are Extinct - Design Studio, located at Rembrandt van Rijnstraat 123, 9718 PK Groningen, The Netherlands. All notices of copyright infringement claims should be sent to this address or to info@weareextinct.com in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@weareextinct.com.