Terms of service
OVERVIEW
This website is operated by KOKO INNOVATIONS LLC doing business as KOKO. Throughout the site, the terms “we”, “us” and “our” refer to KOKO. KOKO offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
SECTION 5 - PRODUCTS OR SERVICES (ARTISTIC INTEGRITY & USAGE) All purchases are for personal use only. Commercial use of our physical products or the custom designs produced for an order is strictly prohibited. We have made every effort to display as accurately as possible the colors and images of our products. However, as our products are 100% hand-painted by human artists, slight artistic variations from the original photo are expected and celebrate the unique nature of handmade art. We do not use AI filters or automated processing.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 - THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, or any other transactions made in connection with any third-party websites.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS By submitting any content to our website or customer service team, including pet images, comments, or designs, you grant KOKO INNOVATIONS LLC a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, modify, reproduce, and distribute such content for promotional activities, product creation, and advertising (including but not limited to showing the hand-painting process video).
SECTION 10 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice.
SECTION 12 - PROHIBITED USES You are prohibited from using the site or its content for any unlawful purpose, to infringe upon our intellectual property rights, or to submit false or misleading information.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY In no case shall KOKO, our directors, officers, employees, or affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, or consequential damages of any kind arising from your use of the service.
SECTION 14 - INDEMNIFICATION You agree to indemnify, defend and hold harmless KOKO INNOVATIONS LLC from any claim or demand made by any third-party due to or arising out of your breach of these Terms of Service.
SECTION 15 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
SECTION 16 - TERMINATION These Terms of Service are effective unless and until terminated by either you or us.
SECTION 17 - ENTIRE AGREEMENT These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Service.
SECTION 18 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Colorado, United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
SECTION 20 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at support@kokohearts.com.
SECTION 21 - DISPUTE RESOLUTION In the event of a dispute, claim, or controversy arising out of or relating to these Terms, such dispute will be determined by binding arbitration in Denver, Colorado, United States, in accordance with the rules of the American Arbitration Association (AAA).
