Terms & Conditions

Disclaimer

By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site or the store. Kinkbox reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms, it also constitutes your agreement to the Rewards Points Terms and Conditions (the “Rewards Points Terms”) and Kinkbox Privacy Policy (the “Privacy Policy”), which are incorporated herein.

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

Online material on kinkbox.co is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind (express or implied) as to the operation of this site or the information, content, or services included on or otherwise made available through kinkbox.co. By using kinkbox.co, you expressly acknowledge and agree that your use of this website is at your own risk.

Representation

Any views or opinions represented on the Website belong solely to the content creators and do not represent those of people, institutions or organizations that Kinkbox or creators may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

Purpose

All information and materials on Kinkbox.co are provided for general information purposes only. We do not guarantee that any of the information or materials are accurate, timely, current, or complete. Nothing in the Online Materials shall be construed as a solicitation or offer in any jurisdiction in which a solicitation or offer cannot legally be made.

Use of the Site and the App

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

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

Posting, communicating or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity;
Posting any information which is untrue, inaccurate or not your own;
Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
Attempting to interfere in any way with the Site or Kinkbox’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; and
Using the Site to drop ship merchandise to third parties

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

Registration and Passwords

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

Content and postings

You may not modify, print, copy or distribute any part of the Website and Services without the express written permission of Kinkbox. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part. Inclusion of any part of the Website and Services in another work, whether in printed or electronic or another form or inclusion of any part of the Website and Services on another resource by embedding, framing or otherwise without the express permission of Kinkbox is prohibited. COME BACK TO THIS

Reviews and testimonials

Testimonials are received in various forms through a variety of submission methods. The testimonials are not necessarily representative of all of those who will use the Services, and Kinkbox is not responsible for the opinions or comments posted on the Website, and does not necessarily share them. People providing testimonials on the Website may have been compensated with free products or discounts for use of their experiences. All opinions expressed are strictly the views of the poster or reviewer.

The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Testimonials may be reviewed for authenticity before they are posted for public viewing.

Indemnification and warranties

The accuracy, reliability and completeness of the information and content on, distributed through or linked, downloaded or accessed from the Website and Services is not guaranteed by Kinkbox. Furthermore, information contained on the Website and any pages linked to and from it are subject to change at any time and without warning.

Changes and amendments

We reserve the right to modify this Disclaimer or its terms and conditions relating to the Website and Services at any time, effective upon posting of an updated version of this Disclaimer on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, defective product, review guidelines and other (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

Termination of Accounts

We may suspend, restrict or terminate your Account and your use of kinkbox.co effective at any time, without notice to you, for any reason, including because the operation or efficiency of kinkbox.co or our or any third party's equipment or network is impaired by your use of kinkbox.co any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of kinkbox.co or you have been or are in breach of any term or condition of this Agreement. We will have no responsibility to notify any third party, including any third party providers of services, merchandise, or information, of any suspension, restriction, or termination of your access to kinkbox.co.

Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and returning (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

Site Not for Minors

The Site is available to registered and unregistered users who are 18 years old and older and who have not been suspended or removed by Kinkbox for any reason (each a "Member"). We reserve the right to revoke your membership and/or ability to access the products and services offered on the site for any reason at any time including as a result of a violation of these Terms of the Privacy Policy, without notice. Membership is void where prohibited by law. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Site and agree to these Terms.

Acceptance of this disclaimer

You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to access or use the Website and Services.

Fraud Protection

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

The Subscription Contract Between You And Us

Membership

You must provide and keep us up to date with accurate member information, including your name, address, credit card number and expiration dates. You agree that we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to Kinkbox’s Privacy Policy, incorporated into this Agreement. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

For your convenience, when you place your first order, we will save your credit or debit card information and use it for all future shipments which will automatically be charged to your saved card, unless you notify us online or by email to info@kinkbox.co. We accept the following credit cards at this time: American Express, VISA, MasterCard Discover Card, and Paypal.

Kinkbox offers Monthly Subscriptions, prepaid subscriptions, Annual Subscriptions, and prepaid gift subscriptions of three, six, or twelve months.

Monthly Subscriptions:

By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Kinkbox after the expiration date of your payment card. Your subscription will be automatically extended for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate. To cancel your Monthly Subscription at any time, you must either log on to your account and follow the cancellation procedures or send us an email to info@kinkbox.co with your full name, email address associated with your account and notifying us that you would like to cancel your subscription. PLEASE NOTE that emailing us is not guaranteed to cancel your account. Kinkbox may submit periodic charges (e.g., monthly) without further authorization from you until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Kinkbox reasonably could act.

Prepaid Subscriptions/Bundles:

By purchasing a Prepaid Subscription, you acknowledge that your subscription has an initial pre-payment feature for a certain length of service (usually 3 boxes delivered over 3 or 6 months). At the end of the period, your subscription will be terminated. The pre-paid fee is non-refundable, even should you terminate the subscription prior to all the boxes being received.

Gift Subscriptions:

For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. The pre-paid fee is non-refundable, even should you terminate the subscription prior to all the boxes being received.

We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.

Membership:

The Site is available to registered users who are 18 years and older and who have not been suspended or removed by Kinkbox for any reason (a "Member"). We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms of the Privacy Policy, without notice. Membership is void where prohibited by law.

You must provide and keep us up to date with accurate member information, including your name, address, credit card number and expiration dates. You agree that we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the Kinkbox Privacy Policy, incorporated into this Agreement. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

Automatic Monthly Renewal Terms

Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.

Automatic Renewal Terms

With respect of Kinkbox subscriptions subject to automatic renewal, you agree that Kinkbox may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Kinkbox could reasonably act.

Cancellation

By signing up on the kinkbox.co site and purchasing one of our monthly subscription plans (which does NOT apply to gifts or bundles which are one-time purchase packages) you are committing to a MINIMUM of TWO BOXES. After that, you may cancel your subscription at any time through the My Account page. We ask that if you choose to cancel after your second box, that you please cancel at least 3 business days before the end of the month to avoid being billed for the next month. Gift subscriptions, bundles, and promotions are not eligible for cancellation. Memberships are not transferrable.

If you would like to purchase ONE box without any kind of commitment, you can do so at our online store. After that, if you like you can return to kinkbox.co and register for a subscription. You will not get the box you purchased on the store.

Returns and Exchanges

Given the nature of our products, we do not accept returns or exchanges. If you are dissatisfied for any reason, please contact us at info@kinkbox.co within 30 days from the date of purchase.

Product Information; Limitation on Quantities

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

Transactions

If you wish to purchase any product made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Kinkbox the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Kinkbox reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree that by placing an order on the Site, you are entering into a binding contract with Kinkbox and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.

Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Kinkbox or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Kinkbox, The Kinkbox logo, and tagline are registered trademarks of WC. All other trademarks are the property of their respective owners. All of our Site's content is Copyright 2023 Kinkbox. All rights reserved.

Contributed Content Guidelines

Submitted Content

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

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

By submitting or posting any materials or content on the Site, you grant Kinkbox a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant, and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Kinkbox the license specified above. You further represent warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Kinkbox will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
All contributed content is subject to the terms set forth below and in our standard Terms and Conditions, which include our policy regarding copyright infringement;

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

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use obscenities, discriminatory language, or other language not suitable for a public forum;
Post advertisements, “spam” content, or references to other products, offers, or websites;
Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
Post unduly critical or spiteful comments of other content posted on the page or its authors;
Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

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

General Disclaimers

You assume all responsibility and risk with respect to your use of the Site. The Site and all content, merchandise, and other information on or accessible from or through this site or a "linked" site are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. Specifically, but without limitation, Kinkbox does not warrant that: (1) the information on this site is correct, accurate or reliable; (2) the functions contained on this site will be uninterrupted or error-free; or (3) defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components.

We are not responsible for any food or material allergies for products we send (latex, etc)
We are not responsible for any physical or mental injuries that occur during your implementation of the experience
We are not responsible for any damage to your relationship
We are not responsible for content posted by other users server that makes it available is free of viruses or other harmful components.

Kinkbox makes no warranties of any kind regarding any non Kinkbox sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Kinkbox makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non Kinkbox sites. Kinkbox does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. Kinkbox makes no warranties of any kind regarding any non-TFB sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Kinkbox makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Kinkbox sites. Kinkbox does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

Disclaimer – No Professional Advice

Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

Taxes

Your total price will include the price of the product plus any applicable sales tax; such state, provincial and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states and provinces where the goods sold over the internet are taxable.

Important Kentucky sales tax information regarding the tax you may owe directly to the state of Kentucky. We are not required to and do not collect Kentucky sales or use tax. Your purchase may be subject to Kentucky use tax unless the purchase is exempt from taxation in Kentucky. The purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. The Commonwealth of Kentucky requires Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue. These forms and corresponding instructions may be found on the Kentucky Department of Revenue's Internet Web site.

Indemnification

You agree to indemnify, hold harmless, and defend Kinkbox, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys' fees, any amount paid to settle any action or to satisfy a judgement, and expenses of any kind and character whatsoever incurred by us relating to or arising from your posted content, including instances where your Posted Content (a) infringes any third party content, or other third-party intellectual property rights, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

Electronic Communications

By using Kinkbox.co or e-mailing us, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Ownership of Online Materials

All of the Online Materials are intellectual property belonging to Kinkbox.co and our licensors. Kinkbox.co reserves all rights to the Online Materials. Kinkbox.co provides the online materials solely for your viewing purposes and to facilitate your personal access to our subscription services. All other uses including copying, re-publication or commercial uses are strictly prohibited.

Security of Information

The Online Materials depend on the Internet, including networks, cabling, equipment, and facilities that are not in Kinkbox.co’s control, and may not be completely private, and your anonymity is not guaranteed.

Limitation of Liability

In no event shall Kinkbox, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the site, whether based upon warranty, contract, tort, or otherwise, even if Kinkbox has been advised of or should have known of the possibility of such damages or losses. This includes, but is not limited to, any physical, mental or emotional damage arising from participation in this service. In no event shall the total liability of Kinkbox , its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates or third parties providing information on this site or the app to you for all damages, losses, and causes of action resulting from your use of this site, whether in warranty, contract or tort (negligence), exceed the amount you paid to Kinkbox in connection with the event giving rise to such liability.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

International Use

We control and operate the Site from Canada and the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States and Canada. If you choose to access this Site from outside Canada or the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Risk of Loss

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

Copyright Infringement; Notice and Take Down Procedures

Kinkbox specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Kinkbox will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act ("DMCA"). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:

Kinkbox
7100 Woodbine Ave, Unit 206
Markham, ON L3R 5J2

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)):

Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;-Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies

The failure of Kinkbox to partially or fully exercise any rights or the waiver of Kinkbox of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Kinkbox or be deemed a waiver by Kinkbox of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Kinkbox under these Terms and any other applicable agreement between you and Kinkbox shall be cumulative, and the exercise of any such right or remedy shall not limit Kinkbox’s right to exercise any other right or remedy.

Governing Law

The laws of the Province of Ontario shall govern these Terms without regard to conflict of laws provisions.

Disputes

Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site (including a subscription), or to your relationship to Kinkbox shall be submitted to confidential arbitration in Los Angeles, California; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

YOU AND Kinkbox AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kinkbox agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Questions - If you have any questions regarding any of these policies please contact us at info@kinkbox.co.

Disclaimer – No Professional Advice

Indemnification

Questions

Should you have any questions and/or comments regarding these Terms you may contact us by either filling out the contact form or by sending us an email to info@kinkbox.co

This document was last updated on March 14, 2023

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