Terms and Conditions
"P.O.K. PREMIUM EOUTLET FOR KIDS®" means Diffusyon 88 Inc. (hereinafter “Diffusyon”), a Canadian corporation based in Montreal, Canada, and having its head office at 1699, St-Patrick, suite 102, Montreal (Quebec) H3K 3G9.
We may modify the TOS from time to time and your continued use of this Site and/or your purchase of products offered by P.O.K. PREMIUM EOUTLET FOR KIDS® following such change shall signify your agreement to be bound by the modified TOS. The date of this present version can be found at the end of this text
Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.
In order to use some of the services or features of the Site, or gain access to some privileges made available to you on this Site you will need to create an account and sign-up to our newsletter. However, if you wish only to purchase some products offered by P.O.K. PREMIUM EOUTLET FOR KIDS®, you will of course need to supply us with some information but you do not need to create an account.
The information which you provide to us about yourself must be true, accurate, current, and complete in all respects. Should any of your registration or order information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also change registration requirements from time to time.
The account password you choose should be unique and kept secure. Any activity regarding your account, performed while using your password, will be your responsibility. You must notify P.O.K. PREMIUM EOUTLET FOR KIDS® immediately of any breach of security or unauthorised use of your account. P.O.K. PREMIUM EOUTLET FOR KIDS® will not be liable for your losses caused by any unauthorized use of your account, but you may be liable for P.O.K. PREMIUM EOUTLET FOR KIDS®’s losses due to such unauthorized use.
ELIGIBILITY TO PURCHASE
In order to make purchases through the Site, you will be required to provide your personal details. Our customers must provide their real name, phone number, e-mail address and other requested information as indicated.
Any payment information you provide must be valid and correct and you represent and warrant that you are the person referred to in the billing information provided. Payments can be made by using a valid credit/debit card issued by a bank acceptable to P.O.K. PREMIUM EOUTLET FOR KIDS®, and may also be made by PayPal.
We do not store, register or keep your payment information for future purchases.
Products which you purchase are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. P.O.K. PREMIUM EOUTLET FOR KIDS® reserves the right to restrict the quantity of items being shipped to any one customer or postal address.
The products offered by P.O.K. PREMIUM EOUTLET FOR KIDS® are in stock and available for dispatch from our distribution center. All orders are sold on a first come, first served basis and are subject to acceptance and availability. It may happen that you choose an item and that between the time of your selection and the time of your purchase, it becomes no longer available : items in your shopping basket are not reserved and may be purchased by other customers as long as they are not purchased by you. We also retain the right to, if we don't have an item that you have ordered in stock, notify you by email immediately and refuse or cancel the transaction.
By making an offer to purchase products offered by P.O.K. PREMIUM EOUTLET FOR KIDS®, you expressly authorize us to perform credit checks, and where P.O.K. PREMIUM EOUTLET FOR KIDS® feels necessary, to transmit or to obtain your credit/debit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and/or to authorize individual purchase transactions. Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.
Unless you cancel your order, acceptance of your order and completion of the contract between you and P.O.K. PREMIUM EOUTLET FOR KIDS® will be perfected when we dispatch the goods to you at which time you will receive a second email confirming that your order has been dispatched.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, or that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, or unwinding, suspending or canceling any transaction after processing has begun.
We reserve the right to not conclude a transaction if their is an error in the price we advertise. While every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled.
Prices shown on the site are in US Dollars and are exclusive of applicable taxes.
We reserve the right to modify our prices regarding any given item, as long as it is not purchased.
The « compare to » prices which are displayed on our website are an estimation made by P.O.K. PREMIUM EOUTLET FOR KIDS® and are not the result of a survey of prices charged by other sites or stores.
Promotions may not combined, except our Free Shipping promotion for purchases above USD$150.
Free Shipping : If the money amount total of your purchase exceeds USD$150, before any applicable taxes, and the delivery address you supply to us is within the continental US, we will not charge for basic shipping.
Clearances : Participation in Clearance sales and promotions is subject to the following terms and conditions.
- Clearance sales are open to all customers who have an account with P.O.K. PREMIUM EOUTLET FOR KIDS®.
- All items are sold on a first come, first served basis and must be purchased before the timer expires.
- All sales are final.
Promotion Codes : Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
Welcome First Time Shoppers : You will be granted a 10% discount on your first purchase at P.O.K. PREMIUM EOUTLET FOR KIDS® when you open an account; we retain the right to restrict or not to grant such discount if we suspect, for valid reasons, that your purchase is not your first purchase at P.O.K. PREMIUM EOUTLET FOR KIDS®. You must request your First Time Shopper Promo Code to benefit from this discount ; if you do not request your Promo Code, you will lose your discount and it shall not be available to you on subsequent purchases.
Refer A Friend : If you refer a friend to P.O.K. PREMIUM EOUTLET FOR KIDS®, you and your friend have a US address, and such friend becomes a customer, opens an account and makes a purchase, you will receive a USD$20 credit for you to use on your next purchase.
- To receive the store credit you must be registered with an account on POKFASHION.COM. If you are not currently registered, you will need to do so before you can receive the store credit.
- To receive store credit, your friend must not be a current customer of P.O.K. PREMIUM EOUTLET FOR KIDS® and must not have already purchased from P.O.K. PREMIUM EOUTLET FOR KIDS®.
- The store credit will be credited to your P.O.K. PREMIUM EOUTLET FOR KIDS® account after your friend has made and received their first purchase at P.O.K. PREMIUM EOUTLET FOR KIDS®. You will be notified via email once the credit is applied. Their first purchase must be made within 6 months of receiving the Refer A Friend email from you. Purchases made after 6 months will not qualify for store credit.
- Items sent to referred friends who are also members of the same household in which you reside, will not qualify for store credit.
- If your friend receives more than one Refer A Friend email from multiple senders, the store credit will be issued to the person whose unique identifier is ultimately used by the referred person.
- The email address used by your friend for their first purchase must be the same email address to which you sent the Refer A Friend email.
- Your friend's first purchase can be for any item(s) on the site.
- Your account will be credited with store credit for each friend who makes their first purchase at P.O.K. PREMIUM EOUTLET FOR KIDS®. The store credit will only be issued once per friend and for their first purchase only.
- The store credit will be issued 28 days after their purchase if your friend keeps at least one item ordered from their first purchase. If your friend(s) choose to return all of the items(s) from their first purchase, you will not receive the store credit. (the Credit will not be revoked if the item is exchanged for the same item in a different size).
- Please allow a reasonable delay for processing and validation before you receive your store credit.
- Items sent to your friend via any means other than a Refer A Friend email do not qualify for store credit.
- Only referrals that you make using the above mentioned methods will qualify for the Refer A Friend store credit reward. Sharing directly from product pages will not constitute a referral under this Refer A Friend program.
- Your USD$20 Store credit is valid for 6 months from the date of receipt and may only be redeemed on the site that supports your country. The store credit is non-transferable and there is no cash or other alternative available. Store credits that are not redeemed within the 6 month period will be forfeited.
By using the Refer A Friend functionality you acknowledge and agree not to use it to send unsolicited commercial messages to people you do not know or send identical (or substantially similar) messages to multiple recipients.
Please note P.O.K. PREMIUM EOUTLET FOR KIDS® is not liable or responsible for the misuse of the Refer A Friend email functionality. P.O.K. PREMIUM EOUTLET FOR KIDS® accepts no responsibility for lost, corrupted, delayed or mis-transmitted Refer A Friend emails. Furthermore, P.O.K. PREMIUM EOUTLET FOR KIDS® reserves the right, in its sole discretion, to refuse store credits or withdraw applied store credits and close customer accounts if it considers any registered user of P.O.K. PREMIUM EOUTLET FOR KIDS® to have acted inappropriately, dishonestly, fraudulently or to have misused the Refer A Friend program. Sending emails to an alternate email account that belongs to you will be considered fraud.
P.O.K. PREMIUM EOUTLET FOR KIDS® is not responsible for any typographical or other error in the printing of these Terms and Conditions, any Refer A Friend email, and/or in the administration of P.O.K. PREMIUM EOUTLET FOR KIDS® Refer A Friend program.
P.O.K. PREMIUM EOUTLET FOR KIDS® is not responsible or liable in any manner to any registered user who is unable to accept or use all or any portion of the store credit due to failure to qualify or comply with these Terms and Conditions, or any law, regulation or other rules that apply to acceptance, receipt, or fulfilment or use of the store credit.
P.O.K. PREMIUM EOUTLET FOR KIDS® reserves the right to cancel, suspend or modify the Refer A Friend program at any time. Reasonable notice will be given where possible.
By participating in the Refer A Friend program, you agree to indemnify, release, discharge and hold harmless P.O.K. PREMIUM EOUTLET FOR KIDS®, and its associated entities, subsidiaries, affiliates, directors, officers, employees, and agents (the "Releasees") from any and all liability or any claims, costs, injuries, losses, or damages of any kind directly or indirectly arising from or in connection with:
- Your registration with P.O.K. PREMIUM EOUTLET FOR KIDS®;
- Our participation in the Refer A Friend program;
- The awarding, delivery, acceptance, possession, use, or misuse of any store credit or other award, including without limitation, death and bodily injury.
- Any information posted or shared by you;
- Any software you use in connection with posting such information in the sub-clause above;
- Any unauthorised disclosure of confidential information by you.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Releasees related to the Refer A Friend program. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
Please sent any questions or concerns to P.O.K. PREMIUM EOUTLET FOR KIDS® at the following email address email@example.com
Payment will be debited and cleared from your credit, debit or PayPal account upon your completion of your order online. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit/debit card refuses to authorize payment to P.O.K. PREMIUM EOUTLET FOR KIDS®, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site as secure as we can. All credit/debit card transactions on this site are processed using ChasePaymentech, a secure online payment gateway that encrypts your card details in a secure host environment.
If you have an account with P.O.K. PREMIUM EOUTLET FOR KIDS®, we will securely store your credit/debit card details on our systems, but only for the time needed for the transaction to take place. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple and secure P.O.K. PREMIUM EOUTLET FOR KIDS® uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
INSURANCE AND DELIVERY
P.O.K. PREMIUM EOUTLET FOR KIDS® insures each purchase during the time it is in transit until it is delivered to you, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by P.O.K. PREMIUM EOUTLET FOR KIDS® and transfer of responsibility in the same way.
Please note that the estimated delivery times are to be used as a guide only and commence from the date of dispatch. P.O.K. PREMIUM EOUTLET FOR KIDS® is not responsible for any delays caused by destination customs clearance processes.
RETURNS AND EXCHANGES
P.O.K. PREMIUM EOUTLET FOR KIDS® will process requests for exchanges and returns in all categories with the exception of Clearance events. All Clearance items are Final Sale and cannot be returned or exchanged. We can only exchange for the same item in a different size based on stock availability. If you wish to exchange your item for an alternative product, you have to return it for a store credit and purchase the new item separately.
For details on how to return or exchange an item please refer to our Returns page for further information. You must assume shipping costs regarding the return of merchandise.
Any refunds will be granted as a store credit in your P.O.K. PREMIUM EOUTLET FOR KIDS® account. If you do not have a P.O.K. PREMIUM EOUTLET FOR KIDS® account, you will need to open one to receive your credit.
Please inform P.O.K. PREMIUM EOUTLET FOR KIDS® beforehand, when requesting your RMA as defined below, if an item is faulty or defective, or P.O.K. PREMIUM EOUTLET FOR KIDS® has made an error in the processing of your package.
Please note that returns sent to P.O.K. PREMIUM EOUTLET FOR KIDS® from a location outside of the U.S. will be processed for customs clearance and therefore any relevant import duty and tax charges will apply. If you selected PayPal when you placed your order, any applicable taxes and duties on your exchange should be paid with your debit or credit card.
We strongly suggest that you use a transportation service with a tracking number for any return. We will not consider the item as returned until it has reached our facilities. We suggest UPS Ground service or US Postal Service Retail Ground service. It is your responsability that your return package arrives safely in due form at P.O.K. PREMIUM EOUTLET FOR KIDS® warehouse.
All items returned must have a Return Merchandise Authorization (RMA) number to allow easy identification and prompt processing. Please contact us via our online form, by phone or by email at firstname.lastname@example.org to obtain your RMA number. Returns that do not have a RMA number may be returned to the customer without allowing any exchange or credit or refused when being ship to P.O.K. PREMIUM EOUTLET FOR KIDS®. You must request RMA numbers within 14 days from receipt of your order, and send returned items within 14 days from the date you receive your RMA number
- All shoes should be tried on a carpeted surface before wear.
- Briefs, swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. Returns will not be accepted if this strip has been removed or if items are soiled, and will be sent back to the customer without a refund.
Items should be returned new, unused, and with all P.O.K. PREMIUM EOUTLET FOR KIDS® and designer garment tags still attached. Returns that are damaged, used or soiled will not be accepted and will be sent back to the customer. Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return. Please email email@example.com if any of your purchases have been delivered to you without a P.O.K. PREMIUM EOUTLET FOR KIDS® tag.
Should a return be caused by a faulty item, or a P.O.K. PREMIUM EOUTLET FOR KIDS® processing error, P.O.K. PREMIUM EOUTLET FOR KIDS® will credit your shipping costs relevant to the return of the said merchandise, once P.O.K. PREMIUM EOUTLET FOR KIDS® has received the merchandise and has confirmed that the return is caused by the abovementioned reasons. In order to benefit from such credit, you must use UPS Ground service or US Postal Service Retail Ground service for shipping. You must also supply us with a picture or scan of your shipping receipt, including your name, order number and RMA to prove your shipping costs. You can email it to firstname.lastname@example.org.
Items are classified as faulty if they are received damaged or where a manufacturing fault occurs. Items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item instead of obtaining a credit, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items.
All returns must be sent to :
Freeport/ Care of P.O.K./ Diffusyon 88 Inc.
1320 U.S. 9 #5419,
We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We offer a flexible returns policy to make your online shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if items are returned repeatedly.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks, including P.O.K. PREMIUM EOUTLET FOR KIDS® and all other intellectual property rights relating to this Site as herein described, including P.O.K. PREMIUM EOUTLET FOR KIDS® Software and all HTML and other code contained in this Site, shall remain at all times vested in P.O.K. PREMIUM EOUTLET FOR KIDS® and/or are the property of their respective owners. All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by applicable law and regulations and international treaty provisions. Violators will be prosecuted to the fullest extent permissible under applicable law.
« p.o.k. Premium eOutlet for Kids » and « p.o.k. eBraderie de Mode Enfantine » are trademarks owned by P.O.K. PREMIUM EOUTLET FOR KIDS®.
P.O.K. PREMIUM EOUTLET FOR KIDS® tries to ensure that the information on this Site is accurate and complete. P.O.K. PREMIUM EOUTLET FOR KIDS® does not warrant or represent that the information on this Site is accurate, error-free or reliable or that your use of this Site will not infringe rights of third parties. Your use of the Site is at your risk.
P.O.K. PREMIUM EOUTLET FOR KIDS® does not warrant that the functional aspects of the Site or P.O.K. PREMIUM EOUTLET FOR KIDS®'s Content will be error free or that this Web Site, P.O.K. PREMIUM EOUTLET FOR KIDS® Content or the server that makes it available are free of viruses or other harmful components.
NO COMMERCIAL USE
This Site is for your personal, non-commercial use only.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site.
You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than P.O.K. PREMIUM EOUTLET FOR KIDS®, including advertisers. P.O.K. PREMIUM EOUTLET FOR KIDS® has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor is P.O.K. PREMIUM EOUTLET FOR KIDS® responsible for the availability of such external websites or resources, and P.O.K. PREMIUM EOUTLET FOR KIDS® does not endorse and is not responsible or liable, in particular, directly or indirectly, for the privacy practices or the content of such websites.
This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, we will not be liable in contract, tort or civil liability (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
At our request, you agree fully to defend, indemnify and hold harmless P.O.K. PREMIUM EOUTLET FOR KIDS® immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
- A 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 you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact us as follows: Diffusyon 88 Inc.,1699, St-Patrick, suite 102, Montreal (Quebec) H3K 3G9. Attn: Legal Affairs
GENERAL LEGAL TERMS
(a) Complete Terms: The TOS constitute the whole legal agreement between you and P.O.K. PREMIUM EOUTLET FOR KIDS® and govern your use of the Services and completely replace any prior agreements between you and P.O.K. PREMIUM EOUTLET FOR KIDS® in relation to the Services. Notwithstanding the foregoing, you understand that P.O.K. PREMIUM EOUTLET FOR KIDS® may make changes to the TOS from time to time. When these changes are made, P.O.K. PREMIUM EOUTLET FOR KIDS® will make a new copy of the TOS available on this page. You agree that P.O.K. PREMIUM EOUTLET FOR KIDS® is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes. (b) Modifications to the Services: P.O.K. PREMIUM EOUTLET FOR KIDS® 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 P.O.K. PREMIUM EOUTLET FOR KIDS® provides may change from time to time without prior notice to you. You further acknowledge and agree that P.O.K. PREMIUM EOUTLET FOR KIDS® may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at P.O.K. PREMIUM EOUTLET FOR KIDS®'s sole discretion, without prior notice to you. (c) Confidentiality: You understand that P.O.K. PREMIUM EOUTLET FOR KIDS® grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. P.O.K. PREMIUM EOUTLET FOR KIDS® reserves the right to revoke these exceptions either generally or in specific cases. (d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that P.O.K. PREMIUM EOUTLET FOR KIDS® has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which P.O.K. PREMIUM EOUTLET FOR KIDS® may suffer) of any such breach. (e) Rights Not Waived: You agree that if P.O.K. PREMIUM EOUTLET FOR KIDS® does not exercise or enforce any legal right or remedy which is contained in the TOS (or which P.O.K. PREMIUM EOUTLET FOR KIDS® has the benefit of under any applicable law), this will not be taken to be a formal waiver of P.O.K. PREMIUM EOUTLET FOR KIDS®'s rights and that those rights or remedies will still be available to P.O.K. PREMIUM EOUTLET FOR KIDS®. (f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable. (g) Governing Law: The TOS, and your relationship with P.O.K. PREMIUM EOUTLET FOR KIDS® under the TOS, shall be governed by the laws of the State of New York. You and P.O.K. PREMIUM EOUTLET FOR KIDS® agree to submit to the exclusive jurisdiction of the courts in the city of New York, NY, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise. (h) Violation of TOS: Please report any violations of the TOS by emailing email@example.com. (i) Independent Relationship: You and P.O.K. PREMIUM EOUTLET FOR KIDS® are independent contractors, and these TOS, including but not limited to submission or distribution of any content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and P.O.K. PREMIUM EOUTLET FOR KIDS®. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.
Version : April 5, 2016