TERMS OF SERVICE
OVERVIEW
Welcome to Blingkitybites!
The terms “we,” “us,” and “our” refer to KDP Trade Network LLC, the company that owns and operates the Blingkitybites brand. We operate this online store and website, including all related information, content, features, tools, products, and services (collectively, the “Services”) to provide you with a unique shopping experience.
Blingkitybites™ uses Shopify Inc. (“Shopify”) as our e-commerce platform, which allows us to sell our products and provide certain features of the Services. While Shopify powers the platform, your purchases and interactions are with us, not Shopify.
These Terms of Service (the “Terms”), together with any additional policies referenced herein, govern your use of our Services. Please read them carefully, as they contain important information about your legal rights, obligations, and limitations of liability.
By accessing, browsing, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your state or province of residence, or that you are the parent or legal guardian providing consent for your minor dependents to use the Services. If you allow a minor to access or use the Services, you accept full responsibility for their use.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information such as your email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide is true, accurate, current, and complete, and that you have all rights necessary to provide such information. Providing false, inaccurate, or incomplete information may result in refusal or cancellation of orders, suspension of your account, or termination of your access to the Services.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity under your account. We are not liable for any loss or damage arising from your failure to safeguard your account credentials. You may not transfer, sell, assign, or license your account to any other person.
We reserve the right, in our sole discretion, to refuse service, suspend or terminate accounts, or cancel orders if we believe that a customer has violated these Terms, engaged in fraudulent or abusive activity, or for any other reason permitted by law.
SECTION 2 – OUR PRODUCTS
We make every effort to provide accurate descriptions and representations of our products and services in our online store. However, we do not guarantee that the colors, details, or appearance of any product will be an exact match to what you see on your screen. Differences may occur due to device type, screen settings, display configurations, or manufacturing variations.
We do not warrant that the quality, appearance, or performance of any products or services purchased by you will meet your expectations or be error-free. Minor variations in color, size, finish, packaging, or other details shall not be considered defects and will not entitle you to a refund or exchange outside of our Refund Policy.
All product descriptions, pricing, availability, and features are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue or modify any product at any time. We also reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been placed), and to cancel or refuse any order placed based on incorrect or outdated information.
We further reserve the right to limit the quantities of any products or services offered, and to restrict sales to any person, geographic region, or jurisdiction, as permitted by law.
Our products contain small parts and are not toys. Diamond painting kits are recommended for ages 13 and older. WARNING: Choking hazard — not for children under 3 years. By purchasing our products, you acknowledge and agree that they are not intended for young children, and that adult supervision is required for minors. You are solely responsible for determining whether our products are appropriate for the intended user and for ensuring safe use. To the fullest extent permitted by law, we disclaim all liability for injuries, damages, or losses resulting from misuse of our products, including without limitation unsupervised use by children or failure to follow product warnings and instructions.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase products or services. We reserve the right, in our sole discretion, to accept or decline any order for any reason, including but not limited to product availability, inaccuracies or errors in product or pricing information, limitations on quantities available for purchase, suspected fraud or unauthorized activity, or problems identified with payment or delivery information.
Your order is not binding until we confirm acceptance and have received and successfully processed your payment. By submitting payment information, you authorize us and our payment processor to charge your selected payment method for the full order amount, including product price, taxes, shipping, and any applicable fees. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests once an order has been accepted and processed. In the event that we decline, modify, or cancel an order after it has been placed, we will attempt to notify you using the contact information provided at checkout.
All purchases are subject to our Refund Policy and Cancellation Policy, which govern returns, cancellations, and exchanges.
You represent and warrant that all information you provide with your order is true, accurate, and complete, and that your purchases are for your own personal or household use only and not for resale, distribution, or export. We are not liable for any delay, failed delivery, loss, or additional costs arising from inaccurate, incomplete, or fraudulent information you provide.
We also reserve the right to limit or refuse orders placed by dealers, resellers, or distributors without prior written approval.
You are solely responsible for providing accurate and complete order, payment, and delivery information. We are not liable for delays, failed deliveries, or additional costs caused by inaccurate, incomplete, or fraudulent information supplied by you. Initiating a chargeback or payment dispute without following our Refund and Cancellation Policies constitutes a breach of these Terms. In such cases, we reserve the right to contest the dispute, recover any associated costs, and suspend or terminate your access to the Services. To the fullest extent permitted by law, you agree that you will be responsible for any losses or damages incurred by us arising out of or relating to fraudulent or unauthorized use of your order or payment information.
SECTION 4 - PRICES AND BILLING
All prices, discounts, and promotions are subject to change at any time without notice. Discounts, promo codes, and special offers cannot be combined or applied retroactively unless we explicitly state otherwise. The price charged for a product or service will be the price in effect at the time the order is placed and will be reflected in your order confirmation email. Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, or import duties, all of which are your responsibility.
Prices posted in our online store may differ from prices offered in physical stores or by other retailers. We may also run promotions from time to time that affect pricing. Such promotions may be subject to separate terms and conditions, which will govern in the event of a conflict with these Terms.
We reserve the right to correct any errors, inaccuracies, or omissions in pricing, promotions, or product descriptions, and to cancel or refuse any orders placed in connection with such errors, whether or not the order has been confirmed or payment processed.
You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions made through our store. You agree to promptly update your account and other information, including your email address, billing address, and payment details (such as credit card numbers and expiration dates), so that we can complete your transactions and contact you if needed.
By providing payment information, you represent and warrant that: (i) the information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method provided; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges incurred by you at the posted prices, including shipping, handling, and all applicable taxes and duties.
If you make a purchase in a currency other than U.S. dollars, your payment provider may apply currency conversion rates and/or additional foreign transaction fees. These rates and fees are set solely by your payment provider and are your responsibility. We are not responsible for currency exchange fluctuations, conversion charges, or additional fees applied by your bank, card issuer, or payment service.
We reserve the right to suspend or cancel any order if payment is not received, if your payment method is declined, or if we suspect fraudulent or unauthorized activity. Initiating a chargeback or payment dispute without following our Refund and Cancellation Policies constitutes a breach of these Terms, and we reserve the right to contest such disputes and recover any associated costs.
Once your payment has been successfully processed, your order will be placed. However, you remain responsible for any amounts later reversed, disputed, or charged back by your payment provider. If you initiate a chargeback or payment dispute without first following our Refund and Cancellation Policies, you will be in breach of these Terms. In such cases, we reserve the right to contest the dispute, recover any associated costs, and suspend or terminate your access to the Services. To the fullest extent permitted by law, you agree that you are responsible for any losses, damages, or expenses (including chargeback fees, bank fees, and reasonable attorneys’ fees) incurred by us arising out of or related to unauthorized or fraudulent use of your payment method.
SECTION 5 - SHIPPING AND DELIVERY
All shipping and delivery times provided are estimates only and are not guaranteed. We are not liable for any delay, loss, or failure in delivery caused by carriers, government actions, natural events, labor disputes, supply chain disruptions, or other events beyond our reasonable control.
Once we deliver products to the carrier for shipment, title and risk of loss pass to you. Any claims for loss, damage, or delay must be filed directly with the carrier, and we are not responsible for the outcome of carrier investigations or claims.
You are responsible for providing accurate and complete shipping information at checkout. We are not liable for delayed, lost, or undeliverable orders resulting from incorrect, incomplete, or outdated addresses, or from your failure to collect or accept delivery. Additional fees due to address errors or re-delivery attempts will be your responsibility.
Once an order has been marked as delivered by the carrier, ownership and responsibility for the package transfer to you. We are not liable for lost, stolen, or misplaced packages after delivery is confirmed at the shipping address provided at checkout.
Orders that include pre-order products will ship once all items in the order are available, unless otherwise stated.
All shipments are also subject to our detailed Shipping Policy, which is incorporated into these Terms by reference. The Shipping Policy provides additional information about processing times, pre-orders, shipping rates, tracking, carrier responsibility, and lost or stolen packages. By placing an order, you agree to the terms of our Shipping Policy. In the event of any conflict between the Shipping Policy and these Terms of Service, these Terms shall control to the fullest extent permitted by law.
SECTION 6 - INTELLECTUAL PROPERTY
All rights, title, and interest in and to the Services — including, but not limited to, all trademarks, brands, logos, text, displays, images, graphics, product designs, packaging, reviews, videos, audio, and the design, selection, and arrangement thereof — are owned by KDP Trade Network LLC, operating under the Blingkitybites brand, its affiliates, or its licensors, and are protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Any unauthorized use of the Services may violate federal, state, or international intellectual property laws and is strictly prohibited. We reserve all rights not expressly granted in these Terms.
The names, logos, product and service names, designs, and slogans associated with Blingkitybites are trademarks or trade dress of KDP Trade Network LLC or its affiliates or licensors. You may not use such trademarks without our prior written consent. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify Inc. All other names, logos, product and service names, designs, and slogans displayed on the Services are the property of their respective owners.
By submitting reviews, feedback, suggestions, photos, or any other content to us (collectively, “User Content”), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, display, distribute, and otherwise exploit such User Content in connection with our business and marketing activities, without compensation to you. You represent and warrant that you own or control all rights to any User Content you provide, and that such content does not infringe or violate the rights of any third party.
Purchase or use of our products does not transfer to you any ownership of or rights to our intellectual property, designs, artwork, trade dress, logos, or other proprietary materials. All rights, title, and interest remain exclusively with KDP Trade Network LLC. You may not use, reproduce, copy, distribute, resell, or create derivative works from our intellectual property for any commercial purpose without our prior written consent. Any unauthorized use of our intellectual property may result in termination of your access to the Services and may subject you to legal action, including but not limited to claims for damages, injunctive relief, and recovery of attorneys’ fees.
SECTION 7 - OPTIONAL TOOLS
From time to time, we may provide you with access to third-party tools or services that we do not control, monitor, or have input into. You acknowledge and agree that any access to or use of such tools is provided strictly “as is” and “as available,” without any warranties, representations, conditions, or endorsements of any kind. We shall have no responsibility or liability whatsoever arising out of or relating to your use of third-party tools.
Any use of optional tools made available through our Services is entirely at your own risk and discretion. You are solely responsible for reviewing, understanding, and agreeing to the terms and conditions of the applicable third-party provider(s) before using such tools.
Please note that third-party tools may also be subject to their own privacy policies and data practices, which may differ from ours. We are not responsible for any collection, use, disclosure, or storage of information by such third parties, and your interactions with them are governed solely by their policies.
We reserve the right, at any time and without notice, to add, suspend, or remove access to any third-party tools or features. New features, tools, or resources that we may introduce in the future shall also be considered part of the Services and will be subject to these Terms of Service.
To the fullest extent permitted by law, you agree to indemnify and hold us harmless from any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from or relating to your use or misuse of optional third-party tools.
Your use of any third-party tools made available through the Services is entirely at your own risk. We do not control, monitor, or endorse these tools, and we make no warranties or representations regarding their accuracy, reliability, security, or fitness for any purpose. To the fullest extent permitted by law, we disclaim all liability for any harm, loss, damages, or claims arising out of or relating to your use of optional third-party tools, including but not limited to loss of data, service interruptions, unauthorized access, or exposure of personal information. You are solely responsible for reviewing and complying with the applicable terms, conditions, and policies of third-party providers before using their tools.
SECTION 8 - THIRD-PARTY LINKS
Our Services may include materials or hyperlinks to websites, applications, or resources provided or operated by third parties (including embedded third-party functionality). These links are provided solely for your convenience. We do not monitor, control, or endorse third-party websites or resources and make no representations or warranties regarding their content, accuracy, security, availability, or practices.
If you choose to access third-party websites, services, or materials, you do so entirely at your own risk. Once you leave our Services or are redirected to a third-party site or application, you are no longer governed by these Terms of Service or our Privacy Policy. Please carefully review the third party’s own terms, conditions, and privacy practices before engaging in any transaction.
We are not liable for any harm, loss, or damages arising out of or related to your access to, use of, or reliance on third-party websites, products, services, resources, or content. Any complaints, claims, concerns, or questions regarding third-party products or services must be directed to the applicable third party, not us.
We reserve the right, at any time and without notice, to disable, restrict, or remove any links to third-party websites. To the fullest extent permitted by law, you agree to indemnify and hold us harmless from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from or relating to your use of third-party websites, resources, or services.
Accessing or interacting with any third-party websites, applications, or resources linked through our Services is entirely at your own risk. We do not control, endorse, or make any representations about third-party sites, their operators, or their products and services. To the fullest extent permitted by law, we disclaim all liability for any harm, loss, damages, viruses, fraud, or disputes arising from or related to your dealings with third parties. Any complaints or claims regarding third-party content, products, or services must be directed solely to the applicable third party, and your use of such sites is governed exclusively by their own terms, conditions, and privacy policies.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Blingkitybites is powered by Shopify Inc. (“Shopify”), which provides the e-commerce platform that enables us to offer the Services to you. However, all sales, purchases, and transactions made through our Store are made directly between you and KDP Trade Network LLC, the company operating the Blingkitybites brand.
By using the Services, you acknowledge and agree that Shopify is not responsible or liable for any aspect of your purchases, transactions, or interactions with us, including but not limited to the processing, fulfillment, delivery, or quality of products and services, or any injury, damage, or loss that may result therefrom. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with us.
To the fullest extent permitted by law, you further acknowledge that we are not responsible for any losses, damages, or liabilities arising from or related to Shopify’s operation of its platform, including without limitation service interruptions, downtime, security breaches, or technical errors.
You acknowledge and agree that Shopify provides the underlying e-commerce platform, and that we do not control or guarantee Shopify’s performance, availability, security, or functionality. To the fullest extent permitted by law, we disclaim all responsibility and liability for any harm, loss, damages, data breaches, interruptions, delays, or errors caused by or arising from Shopify’s platform or services. Any disputes, claims, or issues you may have regarding Shopify’s platform must be directed to Shopify, and you agree that we are not responsible for resolving such matters. Your purchases and contractual relationship remain exclusively between you and KDP Trade Network LLC (operating as Blingkitybites™).
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your information. By using the Services, you acknowledge and agree that you have read and understood our Privacy Policy.
Because our Services are hosted on Shopify’s platform, certain personal information may also be subject to Shopify’s Privacy Policy. Shopify collects, processes, and stores information about your access to and use of the Services in order to operate, support, and improve its platform. Information you provide through our Services may be transmitted to and processed by Shopify, as well as by third-party service providers who assist us in delivering the Services. These third parties may be located in jurisdictions outside of your state, province, or country of residence, and by using the Services you consent to such international transfers.
We are not responsible for the privacy practices, security, or data-handling policies of Shopify or any third-party service providers. Your interactions with Shopify and other third parties are governed solely by their respective privacy policies. To the fullest extent permitted by law, we disclaim all liability for any damages, losses, or claims arising out of or relating to unauthorized access, breaches, failures, or disclosures of personal information that occur outside of our reasonable control.
For more details about how we and our partners collect, use, disclose, and safeguard your personal information, please review our full Privacy Policy.
By using our Services, you acknowledge and agree that your personal information may be transferred to, processed by, or stored with third parties, including Shopify and other service providers, in jurisdictions outside of your own, where privacy and data protection laws may differ from those in your home country. To the fullest extent permitted by law, we disclaim all responsibility and liability for any unauthorized access, breaches, failures, or disclosures of personal information that occur outside of our reasonable control, including without limitation those caused by Shopify, third-party service providers, carriers, or other vendors. You are solely responsible for maintaining the security of your devices, accounts, and login credentials, and we are not liable for any losses or damages resulting from your failure to safeguard them.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, photos, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, publicly perform, and otherwise exploit such Feedback in any format or medium, now known or hereafter developed, for any purpose, including commercial purposes. This includes, without limitation, the right to use, reproduce, and publicly share your Feedback in marketing, advertising, social media, and promotional materials, without further notice, approval, or compensation to you. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.
You represent and warrant that: (i) you own or control all necessary rights to the Feedback; (ii) you have disclosed any compensation, incentive, or affiliation connected with your submission of Feedback; and (iii) your Feedback complies with these Terms and all applicable laws. You acknowledge and agree that we are under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but are not obligated to, monitor, edit, refuse, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, pornographic, objectionable, in violation of any intellectual property or proprietary rights, or otherwise contrary to these Terms.
You agree that your Feedback will not infringe, misappropriate, or violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, defamatory, obscene, or harmful material, or contain any viruses, malware, or code that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback.
You are solely responsible for any Feedback you provide and its accuracy. To the fullest extent permitted by law, you agree to indemnify and hold us harmless from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to your Feedback. We disclaim all liability and assume no responsibility for any Feedback posted by you or any third party.
By submitting Feedback, you agree that we may edit, crop, format, or otherwise adapt such content for clarity, consistency, or style, provided that we do not materially alter its meaning. You acknowledge and agree that once Feedback is published or shared, it may be accessed, copied, or used by third parties beyond our control, and we disclaim all responsibility and liability for such third-party use. By providing Feedback, you waive any claims against us arising from our use, adaptation, or public sharing of your content, including but not limited to claims for infringement of moral rights, rights of publicity, or similar rights, to the fullest extent permitted by law.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on or in the Services may contain typographical errors, inaccuracies, or omissions, including but not limited to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Technical or system errors may also result in incorrect or incomplete information being displayed.
We reserve the right, at any time and without prior notice, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate (including after you have submitted your order or received an order confirmation).
We undertake no obligation to update, amend, or clarify information in the Services, except as required by law. The absence of a specified update or revision date in the Services should not be taken to indicate that all information is accurate, complete, or current.
We are not responsible for errors, inaccuracies, or omissions caused by third parties that affect or appear in our Services. To the fullest extent permitted by law, we disclaim all liability for any damages or losses arising out of or relating to your reliance on any information found on or in the Services that may be inaccurate, incomplete, outdated, or the result of third-party error.
All information provided through the Services is subject to correction and may contain errors, inaccuracies, or omissions, whether technical, typographical, or otherwise. No description, image, specification, or pricing information posted on the Services constitutes a binding offer by us, and we reserve the right to refuse or cancel any order placed based on incorrect or outdated information. To the fullest extent permitted by law, we disclaim all liability for any losses or damages arising from your reliance on erroneous, incomplete, or outdated information displayed through the Services, regardless of cause.
You acknowledge and agree that the only official product descriptions, pricing, availability, and promotional terms are those published directly on our website. While we may post content on social media or through other marketing channels, such posts may occasionally contain errors, outdated information, or omissions. In the event of any conflict or inconsistency, the information displayed on our website will control. We are not responsible for any statements, claims, offers, discounts, or representations made in social media posts, influencer content, third-party sites, or other channels not under our exclusive control.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful, fraudulent, or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise mistreat our employees, contractors, or any other person; (e) to transmit false, deceptive, fraudulent, or misleading information; (f) to submit, upload, download, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person, entity, or Blingkitybites™; (i) to upload or transmit viruses, malware, or any other type of harmful code that may affect the functionality, security, or operation of the Services, any related website, or the Internet; (j) to reproduce, duplicate, copy, resell, distribute, or exploit any portion of the Services without our prior written consent; (k) to scrape, spider, crawl, harvest, or otherwise attempt to collect data or personal information from the Services without authorization; (l) to reverse engineer, decompile, or otherwise attempt to derive the source code or underlying structure of the Services; (m) to engage in fraudulent activity, including but not limited to payment fraud, chargeback abuse, or unauthorized resale, distribution, or export of our products; (n) to interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet; or (o) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, in our sole discretion, may harm Blingkitybites™, Shopify, or users of the Services, or expose them to liability.
We reserve the right to suspend, disable, or terminate your account, cancel orders, or refuse service at any time, without notice, if we determine that you have violated these Terms or engaged in prohibited use. To the fullest extent permitted by law, you agree to indemnify and hold us harmless from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to your violation of this Section or misuse of the Services.
Any violation of this Section constitutes a material breach of these Terms. We reserve the right to investigate suspected violations, to suspend or terminate your account or access to the Services, and to take appropriate legal action where required. We may also cooperate with law enforcement authorities or third parties in investigating alleged violations. To the fullest extent permitted by law, you will be liable for any losses, damages, or expenses (including reasonable attorneys’ fees and enforcement costs) incurred by us as a result of your violation of this Section.
SECTION 14 - TERMINATION
We may suspend, disable, or terminate this agreement, your account, or your access to the Services (or any part thereof), in our sole discretion, at any time and without notice, including without limitation for violation of these Terms, prohibited use of the Services, non-payment, fraudulent or abusive activity, or for any other reason permitted by law. You will remain liable for all amounts due up to and including the date of termination, and termination will not limit any of our rights or remedies at law or in equity.
The following sections, together with any other provisions of these Terms that by their nature should survive, will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Privacy Policy.
Termination of your account or access to the Services does not relieve you of any obligations or liabilities incurred prior to the effective date of termination, including without limitation payment obligations. We reserve the right to pursue all legal and equitable remedies available to us following termination. All disclaimers, limitations of liability, indemnification obligations, intellectual property protections, and other provisions of these Terms which by their nature should survive termination shall continue in full force and effect. Termination by us shall be in addition to, and not in substitution for, any rights or remedies available to us at law or in equity.
SECTION 15 - DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY THE UNIFORM COMMERCIAL CODE AND OTHER APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
The information presented on or through the Services is made available solely for general informational purposes. We make no representations or warranties regarding the accuracy, completeness, reliability, or usefulness of such information. Any reliance you place on such information is strictly at your own risk, and we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
We do not warrant, represent, or guarantee that (a) the Services will be uninterrupted, timely, secure, or error-free; (b) any defects or errors will be corrected; (c) the Services, servers, or communications sent from us or on our behalf will be free of viruses, malware, or other harmful components; (d) the results obtained from the use of the Services or products will be accurate, reliable, or meet your expectations; or (e) any third-party tools, integrations, platforms, carriers, or services used in connection with the Services will perform as intended.
To the fullest extent permitted by law, we disclaim all responsibility and liability for any harm, loss, or damages of any kind arising from your use of the Services, products, or any third-party services accessed through or in connection with the Services.
Some jurisdictions do not allow the exclusion of certain warranties, so the above disclaimers may not apply to you to the extent prohibited by law.
You expressly acknowledge and agree that your use of the Services and products is at your sole risk. We make no representations or warranties that the Services or products will be compatible with your devices, software, or internet connection, or that they will meet your requirements or expectations. We are not responsible for any interruptions, delays, failures, errors, data loss, or other issues arising from or related to your use of the Services, third-party platforms, or internet connectivity. Except as expressly stated in writing by us, no oral or written information, advice, or representation given by us or any of our representatives shall create any warranty.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL KDP TRADE NETWORK LLC (OPERATING AS BLINGKITYBITES™), OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, BUSINESS INTERRUPTION, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES.
THIS LIMITATION APPLIES TO ALL CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATED TO (A) ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT OR INFORMATION; (B) THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR PRODUCTS; (C) DELAYS, INTERRUPTIONS, SECURITY BREACHES, OR FAILURES OF THE SERVICES, THIRD-PARTY PLATFORMS, OR CARRIERS; (D) VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; OR (E) EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING FORCE MAJEURE EVENTS SUCH AS ACTS OF GOD, STRIKES, LOCKOUTS, SUPPLY CHAIN DISRUPTIONS, WAR, TERRORISM, NATURAL DISASTERS, OR GOVERNMENT ACTIONS.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES OR PRODUCTS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
To the fullest extent permitted by law, you agree that your sole and exclusive remedy for any claim, dispute, or loss arising out of or related to the Services or products is limited to the amount actually paid by you for the product or service giving rise to the claim, or one hundred U.S. dollars ($100.00 USD), whichever is greater. You further agree to waive any and all claims for indirect, incidental, special, punitive, exemplary, or consequential damages of any kind, including but not limited to lost profits, loss of revenue, loss of goodwill, loss of savings, or business interruption, even if we have been advised of the possibility of such damages. This limitation of liability applies to all claims and legal theories, whether based in contract, tort, negligence, strict liability, statute, or otherwise.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless KDP Trade Network LLC (operating as Blingkitybites™), Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, and suppliers, from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, and expenses (including without limitation reasonable attorneys’ fees) made by any third party and arising out of or relating to: (a) your breach of these Terms of Service or any documents they incorporate by reference; (b) your violation of any law, regulation, or the rights of a third party; (c) your use or misuse of the Services or products, including any prohibited use; (d) your submission of Feedback, content, or materials that infringe or misappropriate intellectual property or other proprietary rights; (e) any fraudulent, negligent, or willful misconduct by you; or (f) your use of third-party services, tools, or links accessed through the Services.
We will notify you of any claim subject to indemnification, provided that our failure to promptly notify you shall not relieve you of your obligations hereunder except to the extent you are materially prejudiced. We shall have the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, including choice of counsel. You agree to fully cooperate with us in the defense of any such claim and to provide all relevant documents, records, and assistance as reasonably requested. We will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld.
Your indemnification obligations under this Section extend to all claims, damages, losses, fines, penalties, regulatory actions, government investigations, customs seizures, and enforcement proceedings that arise out of or relate to your conduct, use of the Services, or violation of these Terms. This includes, without limitation, reimbursement of any settlements, judgments, attorneys’ fees, and enforcement costs incurred by us. These indemnification obligations will survive termination of your account or these Terms and shall remain in full force and effect to the maximum extent permitted by law.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforced to the maximum extent permitted by applicable law. To the extent a court determines such provision cannot be enforced as written, the provision shall be modified only to the extent necessary to make it enforceable while preserving the intent of the parties. Any such determination shall not affect the validity, legality, or enforceability of any other provisions of these Terms, which shall remain in full force and effect.
Any determination that a provision of these Terms is unlawful, void, or unenforceable shall not affect your obligation to pay for products or services already purchased, nor shall it affect the enforceability of disclaimers, limitations of liability, indemnification, or dispute resolution provisions, all of which shall remain in full force and effect. The parties expressly intend that these Terms be interpreted to maximize enforceability, and any invalid or unenforceable provision shall be modified only to the extent necessary to achieve that purpose.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure by us to exercise, enforce, or insist upon strict performance of any right, remedy, or provision of these Terms of Service shall not constitute a waiver of such right, remedy, or provision, nor shall any single or partial exercise preclude any other or further exercise of the same or any other right. Any waiver must be in writing and signed by us to be effective.
These Terms of Service, together with any policies or operating rules posted by us on this site or otherwise incorporated by reference (including, without limitation, our Privacy Policy, Refund Policy, and Cancellation Policy), constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede any prior or contemporaneous agreements, representations, negotiations, communications, and proposals, whether oral or written, between you and us, including prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against us as the drafting party. To the fullest extent permitted by law, these Terms shall be interpreted in a manner that preserves their enforceability and reflects the intent of the parties.
No statement, representation, promise, or assurance made by us or on our behalf, whether oral, written, or in any advertising, marketing, social media, or customer communication, shall be deemed to modify, amend, or waive these Terms unless expressly incorporated in a written agreement signed by us. You acknowledge that you have not relied on any prior statements, representations, or agreements other than those expressly set forth in these Terms and the policies incorporated by reference.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign these Terms of Service, this Agreement, or any of your rights or obligations hereunder without our prior written consent, and any attempted delegation, transfer, or assignment without such consent shall be null, void, and of no effect.
We may transfer, assign, or delegate these Terms, this Agreement, or any of our rights or obligations hereunder, in whole or in part, without your consent or notice, including without limitation in connection with any merger, acquisition, corporate reorganization, sale of assets, or other business transaction.
These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
In the event of a merger, acquisition, sale of assets, reorganization, or other corporate transaction, these Terms and all related rights and obligations shall automatically transfer to our successor or assign without notice to you. You agree that such transfer shall not constitute a modification of these Terms or provide grounds for termination, refund, or cancellation of any pending orders. These Terms shall be binding upon and enforceable against your heirs, executors, administrators, legal representatives, and permitted assigns.
SECTION 21 - 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 Florida, United States, without regard to conflict-of-law principles. You and KDP Trade Network LLC (operating as Blingkitybites™) agree that any claims not subject to arbitration under Section 22 shall be brought exclusively in the state or federal courts located in Orange County, Florida. You irrevocably consent to the jurisdiction and venue of such courts and waive any objection to jurisdiction, venue, or forum, including any defense of inconvenient forum.
These Terms shall be governed exclusively by the laws of the State of Florida, without regard to conflict-of-law principles. You agree that any claim or proceeding that is not subject to arbitration under Section 22 shall be brought exclusively in the state or federal courts located in Orange County, Florida. You irrevocably waive any objection to jurisdiction, venue, or forum, including any defense of inconvenient forum, and you further waive, to the fullest extent permitted by law, any right to a jury trial in any such proceeding.
SECTION 22 – ARBITRATION AND CLASS ACTION WAIVER
To the fullest extent permitted by law, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any products purchased through the Services (collectively, “Disputes”), shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
The arbitration shall be conducted in Orange County, Florida, unless both parties agree otherwise. Each party shall bear its own costs and attorneys’ fees, except as may be awarded by the arbitrator under applicable law. The arbitrator may award all remedies available under applicable law, but may not award punitive, consequential, incidental, indirect, exemplary, or special damages.
By agreeing to arbitration, you and we each waive the right to a jury trial and further agree that all Disputes shall be resolved on an individual basis. You and we expressly waive the right to participate in or bring any class, collective, or representative action against the other.
Notwithstanding the foregoing, we may bring a claim in a state or federal court located in Orange County, Florida, to seek injunctive or equitable relief to protect our intellectual property rights, confidential information, or to prevent unauthorized use of our Services.
To the fullest extent permitted by law, our total liability to you for any Dispute shall not exceed the greater of one hundred U.S. dollars ($100.00 USD) or the amount you paid us for the product or service giving rise to the claim.
To the fullest extent permitted by law, you agree that any claim or cause of action arising out of or relating to the Services, products, or these Terms must be filed within one (1) year after the claim or cause of action arose, regardless of any statute or law to the contrary. Any claim not filed within that period is permanently barred.
Notwithstanding the foregoing, either party may bring an individual action in small claims court in Orange County, Florida for Disputes within that court’s jurisdictional limits.
You further agree that you will not seek, and the arbitrator shall have no authority to award, any form of public injunctive relief or order that would restrict, alter, or interfere with our marketing, sale, distribution, or labeling of products. Any request for injunctive or equitable relief may only be brought by us in a court of competent jurisdiction as provided above.
If any portion of this Section 22 is found unenforceable, the remaining portions shall remain in full force and effect. This Section 22 shall survive termination of your account or these Terms.
SECTION 23 - HEADINGS
The section titles, headings, and formatting used in these Terms of Service are included for convenience only and shall not limit, modify, or otherwise affect the meaning, construction, or interpretation of any provision. The substantive terms and obligations shall control regardless of how they are organized or labeled.
Headings, titles, and formatting are provided solely for convenience and ease of reference. They shall not create any substantive rights, obligations, or interpretations beyond the actual language of the provisions. In all cases, the substantive language of these Terms shall control.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, modify, or replace any part of these Terms of Service at any time by posting the revised Terms on our website. Unless otherwise required by law, all such changes are effective immediately upon posting and apply to all access to and use of the Services thereafter.
We may, in our sole discretion, determine what constitutes a “material change” requiring additional notice. If required by applicable law, we will notify you of material changes by email or by posting a notice on our website, and such changes will take effect on the date specified in the notice.
It is your responsibility to check our website periodically for changes. Your continued access to or use of the Services following the posting of revised Terms constitutes your acceptance of those changes. We disclaim any liability for your failure to review updates.
The version of these Terms published on our website at the time of your purchase or use of the Services is the version that governs that transaction or use. It is your responsibility to regularly review these Terms for updates. We will not be liable for any losses, damages, or claims resulting from your failure to review the most current version of the Terms. Your continued use of or access to the Services following the posting of updated Terms constitutes your binding acceptance of those changes, regardless of whether you have read them.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be directed to us at hello@blingkitybites.com
All legal notices, requests, claims, demands, or other formal communications regarding these Terms must be submitted in writing to our official contact information below. Notices sent through any other channel (including without limitation social media, customer chat, or informal messaging) will not constitute valid notice.
KDP Trade Network LLC
Attn: Legal Department
530 South Orange Blossom Trail, Suite 662
Orlando, FL 32805
United States
Email: hello@blingkitybites.com