Terms & Conditions
Welcome to kaiqiora.com. kaiqiora.com Services LLC and/or its affiliates ("kaiqiora") provide website features and other products and services to you when you visit or shop at kaiqiora.com, use kaiqiora products or services, use kaiqiora applications for mobile, or use software provided by kaiqiora in connection with any of the foregoing (collectively, "kaiqiora Services"). kaiqiora provides the kaiqiora Services subject to the following conditions.
We offer a wide range of kaiqiora Services, and sometimes additional terms may apply. When you use an kaiqiora Service (for example, Your Profile, Gift Cards, kaiqiora Video, Your Media Library, kaiqiora devices, or kaiqiora applications) you also will be subject to the guidelines, terms and agreements applicable to that kaiqiora Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of kaiqiora Services, to understand our practices.
When you use kaiqiora Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other kaiqiora Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any kaiqiora Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of kaiqiora or its content suppliers and protected by China and international copyright laws. The compilation of all content included in or made available through any kaiqiora Service is the exclusive property of kaiqiora and protected by China and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any kaiqiora Service are trademarks or trade dress of kaiqiora in the China and other countries. kaiqiora's trademarks and trade dress may not be used in connection with any product or service that is not kaiqiora's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits kaiqiora. All other trademarks not owned by kaiqiora that appear in any kaiqiora Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by kaiqiora.
One or more patents owned by kaiqiora apply to the kaiqiora Services and to the features and services accessible via the kaiqiora Services. Portions of the kaiqiora Services operate under license of one or more patents.
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, kaiqiora or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the kaiqiora Services. This license does not include any resale or commercial use of any kaiqiora Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any kaiqiora Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by kaiqiora or its licensors, suppliers, publishers, rightsholders, or other content providers. No kaiqiora Service, nor any part of any kaiqiora Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of kaiqiora. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of kaiqiora without express written consent. You may not use any meta tags or any other "hidden text" utilizing kaiqiora's name or trademarks without the express written consent of kaiqiora. You may not misuse the kaiqiora Services. You may use the kaiqiora Services only as permitted by law. The licenses granted by kaiqiora terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own kaiqiora account to use certain kaiqiora Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit YOUR ACCOUNT to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. kaiqiora does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the kaiqiora Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their kaiqiora Household. Alcohol listings on kaiqiora are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. kaiqiora reserves the right to refuse service, terminate accounts, terminate your rights to use kaiqiora Services, remove or edit content, or cancel orders in its sole discretion.
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. kaiqiora reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant kaiqiora a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant kaiqiora and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify kaiqiora for all claims resulting from content you supply. kaiqiora has the right but not the obligation to monitor and edit or remove any activity or content. kaiqiora takes no responsibility and assumes no liability for any content posted by you or any third party.
kaiqiora respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us.
All purchases of physical items from kaiqiora are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
kaiqiora does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, kaiqiora does not take title to the refunded item. For more information about our returns and refunds, please see our Returns .
kaiqiora attempts to be as accurate as possible. However, kaiqiora does not warrant that product descriptions or other content of any kaiqiora Service is accurate, complete, reliable, current, or error-free. If a product offered by kaiqiora itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on kaiqiora and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on kaiqiora.
With respect to items sold by kaiqiora, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by kaiqiora is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
You may not use any kaiqiora Service if you are the subject of China sanctions or of sanctions consistent with China law imposed by the governments of the country where you are using kaiqiora Services. You must comply with all China or other export and re-export restrictions that may apply to goods, software , technology, and services.
Parties other than kaiqiora operate stores, provide services or software, or sell product lines through the kaiqiora Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from kaiqiora. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). kaiqiora does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
THE kaiqiora SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE kaiqiora SERVICES ARE PROVIDED BY kaiqiora ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. kaiqiora MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE kaiqiora SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE kaiqiora SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE kaiqiora SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, kaiqiora DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. kaiqiora DOES NOT WARRANT THAT THE kaiqiora SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE kaiqiora SERVICES, kaiqiora'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM kaiqiora ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, kaiqiora WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY kaiqiora SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY kaiqiora SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any kaiqiora Service, or to any products or services sold or distributed by kaiqiora or through kaiqiora.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Arbitration Act and arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company. The arbitration will be conducted by the Chinese Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, kaiqiora will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any kaiqiora Service, you agree that the Arbitration Act and the laws of China, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and kaiqiora.