Terms of Use

By using kingyesoutdoor.com, and its related domains, including but not limited to social media channels, mobile application, services, information, web postings, products, and tools (collectively, “Website”) you, the User, are agreeing to the following terms and principles. This Terms of Use agreement (“Agreement”) is effective immediately for all Users of the Website and is by and between Kingyes Outdoor, Inc. (“Kingyes” or “we” or “us”) and you, the User. Please read the Terms of Use carefully before you start to use the Website.

These Terms of Use also incorporate Kingyes’s Website Privacy Policy as if incorporated fully herein. These Terms of Use also incorporate by reference Kingyes’s Terms and Conditions of Sale, Return Policy, and Warranty, as if fully set forth herein.

Privacy & Security

Please review our Privacy Policy, which also governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Information security is important to Kingyes. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Kingyes does, however, reserve the right at all times to disclose any information as Kingyes deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Changes

Kingyes reserve the right to modify these Terms at any time without notice to you, including imposing a fee to access certain materials contained on the Sites. Any change in these Terms are effective immediately upon posting. Accordingly, we recommends that you read these Terms carefully each time you visit a Site. Any use of the Site after changes have been made shall be deemed acceptance of those changed Terms.

We will notify you of any change to these Terms of Use by updating the “Last Updated” date at the top of this webpage.

Access

You acknowledge and agree that the Site, including the accessibility, hours of use, and any and all features and content available via the Site and any User Content (as defined below), may be modified by Us, in Our sole discretion, at any time without prior notice. We may restrict access to any or all portions of the Site or remove any information or content from the Site at any time. All such modifications are subject to these Terms.

Third Party Resources

If the Site contains links to other sites and resources, provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements. Kingyes have no control over the contents of such sites or resource, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The availability of any third party sites or resources through the Site does not imply our endorsement of or our affiliation with any provider of such third party sites or resources. If you decide to access any of the third party sites or resources linked to this Site, you do so at your own risk and subject to the terms and conditions of use for such sites or resources.

Intellectual Property Rights

Unless otherwise noted, the Site and its entire content, features and functionality (including all information, software, text, displays, images, video, audio, and the compilation thereof) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Kingyes, its suppliers or affiliates, or by third parties who have licensed their materials to Kingyes and are protected by U.S. and international copyright, trademark, patent, trade secure and other intellectual property or proprietary laws.

Kingyes and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Blu Dot’s or any third party’s intellectual property rights, other than a right to make a single copy for personal use.

User-Generated Content

From time to time, the Sites permit the submission of content such as comments, blogs and product reviews generated by you and other users (collectively called “User Content”).

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.

By submitting User Content, you represent and warrant to Kingyes that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation; (ii) you own or have the legal right to use and authorize Kingyes to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content; and (iii) your User Content does not violate Kingyes’s Acceptable Use Policy set forth below.

As between you and Kingyes, you will retain all of your ownership rights in and to your User Content. By submitting User Content to Kingyes, you hereby grant to Kingyes a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Kingyes (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.

Kingyes does not endorse any User Content or any opinion, recommendation or advice expressed therein. Kingyes reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Kingyes has the right to refuse, remove, edit or delete any User Content and terminate any user’s access to the Sites for any reason. Kingyes takes no responsibility for User Content.

Social Media Tag Usage

BY USING #KINGYES, #KINGYESOUTDOOR OR TAGGING @KINGYES AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDEKINGYES WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO COPYRIGHTS AND TRADEMARK RIGHTS.

Acceptable Use Policy

By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Kingyes all of the rights granted herein; (ii) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Kingyes; (iv) impersonate any person or entity, including but not limited to a representative of Kingyes, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, email or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission and Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or their products or services; (xi) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; or (xii) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Kingyes reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.

Authorized Use

All content, information, data, and other material contained on the Site, including without limitation, all trademarks, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and all original content, are protected by one or more copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned or licensed by Us and which are protected under the laws of the State of Michigan, the United States, foreign jurisdictions, and/or international treaties. The Site, its content, and all related rights remain our exclusive property or the property of the licensors of such content unless otherwise expressly agreed in writing. We grant you a limited right to use the content on the Site as follows (“Authorized Use”):

• you may reproduce the Site content solely for your personal, noncommercial, educational, and informational use, and only if you keep such reproduced content intact with proper attribution and display of the copyright notice;
• Architects and designers may download and use the photo gallery portion of the Site in connection with bids or requests for proposals for the sale by Us and Our authorized dealers of Our furniture and products to customers;
• internal training and for seminars. 

In connection with your Authorized Use, you may download or print content, provided you do not, without Our express written consent, modify or delete any of the information, including any proprietary notices. Except as otherwise set forth herein or subject to Our written consent, no other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, or modify any of the content. In addition, you may not transfer any content to another person, “frame” or “in-line link” the content, “deep link” to any content within the Site, or “mirror” the Site or content therein on any other server. Except as expressly set forth herein, use of the Site does not constitute a grant of any license or other right to use or exploit any of these proprietary rights.

Disclaimer and Limitation of Liability

Although We have attempted to provide accurate information on the Site, We are not responsible for and make no guarantee or warranty, expressed or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assume no responsibility for any typographical errors or omissions therein, including with respect to availability, content, pricing, or product images. We do not represent or warrant that the Site or content contained there is appropriate for or applicable to use outside of the applicable territory in which is offered or made available. YOUR USE OF THE SITE IS AT YOUR OWN RISK. EXCEPT WITH RESPECT TO HERMAN MILLER’S WARRANTY FOR PRODUCTS PURCHASED IN ACCORDANCE WITH THE STORE TERMS, YOUR ACCESS TO THE SITE, ANY CONTENT CONTAINED WITHIN, AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WHICH ARE SPECIFICALLY DISCLAIMED. WE, OUR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND SERVICE PARTNERS SHALL NOT BE LIABLE FOR ANY LOSS RESULTING FROM OR ARISING OUT OF ANY USE, INABILITY TO USE OR UNAVAILABILITY OF THE SITE OR ANY INFORMATION OR CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KINGYES DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT ARE FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL OR MALICIOUS ELEMENTS.

Product Information

Certain products displayed on the Site are available while supplies last, and We cannot guarantee that any product displayed on the Site is available at the time it is displayed. In some cases, products may not be available at particular stores or in particular locations.

Legal Disputes

You agree to defend, indemnify, and otherwise hold Us and our successors and assigns, our officers, directors, agents, employees, assigns, third-party content providers, and service partners, harmless from and against any causes of action, including any claims, demands, losses, fees, expenses (including legal fees and expenses), costs, liabilities, and damages related to or arising out of your use of the Site.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Kingyes reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Kingyes reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Sites and the Kingyes Rewards Program described below. Kingyes reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Kingyes’s sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

Mobile Devices and Mobile Applications

If you use a mobile device to access pages of the Sites optimized for mobile-viewing, opt in to receive SMS (text messages) from Kingyes (as/when available), or use a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.

By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from Kingyes. By agreeing to receive SMS messages from Kingyes, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

Security

You are prohibited from violating or attempting to violate the security of the Site. We will investigate occurrences of possible violations and will cooperate with all applicable law-enforcement authorities in prosecuting violators. You are required to enter a user name and password to access secured extranets. In order to protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Site.

You are prohibited from violating or attempting to violate the security of the Site, including, but not limited to:

• Gaining unauthorized access to any portion, feature, or services offered by or through the Site, or any related systems, servers, or networks connected to the Site by hacking, password “mining”, or any other unauthorized means;
• Scanning or testing the vulnerability of the Site or a system, server, or network connected to the Site;
• Breaching the security or authentication measures on the Site or any network connected to the Site;
• Performing reverse look-ups or tracing any information, personal or otherwise, of Us, any other User, User’s account, the Site or otherwise exploit any service or information made available by or through the Site. You may obtain your own personal information obtained by Us according to Our Privacy Policy.
• Taking any action that unreasonably or disproportionately burdens the Site’s infrastructure, related systems, servers, or networks; or
• Using any device, software, or other method to interfere or attempt to interfere with the normal performance, transactions conducted, or with any other person’s use of the Site.

Communications with Kingyes

For all communications made to or with Kingyes, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Kingyes will have no obligation to protect your communications from disclosure; (ii) Kingyes will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Kingyes will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Termination

We may terminate your access to the Site or cancel or suspend your account at any time if you breach or encourage others to breach these Terms in any way or engage in conduct that We deem inappropriate. Upon such termination or suspension, any Authorized Use granted herein terminates automatically without notice to you.

Outages

Kingyes periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Kingyes has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

General Information

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and Kingyes with respect to use of the Sites and supersede any prior agreements between you and Kingyes relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with Kingyes’s prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Kingyes’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Kingyes’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Kingyes with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

Contact Information

If you have questions or comments about these Terms of Use, please contact us via email at info@Kingyesoutdoor.com or phone at (831) 603-1178.