1. ACCEPTING THESE TERMS
These Terms of Service ("Terms") are a binding agreement between you and KOOLKID SHIT ("KKS," "we," "us," or "our"), an Idaho-based business. They govern your access to and use of koolkidshit.com and the KKS prelaunch email list (collectively, the "Site").
By accessing or using the Site, or by submitting the email signup form, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Site or submit information.
These Terms cover the current prelaunch Site. Product sales, event registrations, promotions, text messaging, memberships, or other future services may be governed by additional terms presented when those services become available. If additional terms conflict with these Terms, the additional terms control for that service.
2. ELIGIBILITY
You must be at least 13 years old to use the Site or join the email list. If you are under the age of legal majority where you live, you may use the Site only with permission and supervision from a parent or legal guardian who agrees to these Terms. The Site is not directed to children under 13.
3. PRELAUNCH INFORMATION
The Site currently introduces KKS, previews concepts, and offers email updates. References to upcoming products, designs, drops, events, features, dates, quantities, availability, or pricing are informational only and may change or be canceled without notice. They are not an offer for sale, a guarantee of availability, or a promise that any product or event will launch.
Colors and images can display differently across devices. Any future purchase will be governed by the product information and sale terms presented at checkout.
4. EMAIL LIST
By submitting your email address, you request and consent to receive marketing emails from KKS about product drops, events, content, and related news. Consent to marketing is not a condition of a future purchase. You may unsubscribe at any time through the link in a marketing email, through our unsubscribe form, or by contacting us.
You agree to provide an email address you are authorized to use and not to submit another person's address without permission. Delivery is not guaranteed; messages may be delayed, filtered, or blocked by email systems outside our control.
5. KKS CONTENT AND INTELLECTUAL PROPERTY
The Site and its contents—including names, logos, badges, artwork, graphics, photographs, video, text, slogans, product concepts, layout, look and feel, and software—are owned by KKS or used with permission and are protected by intellectual-property and other laws. Nothing on the Site transfers any ownership right to you.
KKS gives you a limited, personal, revocable, nonexclusive, nontransferable license to view the Site for lawful, noncommercial use. Except as law expressly permits, you may not copy, reproduce, modify, adapt, distribute, sell, license, publicly display, create derivative works from, scrape, train a model on, or commercially exploit Site content without our prior written permission.
KOOLKID SHIT, KKS, associated logos, and related marks are claimed as KKS brand identifiers. No license to use any mark is granted by your use of the Site. You may not use them in a manner likely to cause confusion, imply endorsement, or misrepresent affiliation.
6. ACCEPTABLE USE
You may not:
- use the Site for unlawful, fraudulent, abusive, or harmful activity;
- interfere with, overload, disrupt, or attempt to bypass Site security;
- introduce malware, malicious code, automated abuse, or unauthorized data collection;
- access restricted systems or data without authorization;
- impersonate a person or entity or misrepresent your affiliation;
- infringe intellectual-property, privacy, publicity, or other rights;
- use automated means to scrape, harvest, or index the Site except a standard search engine following our published instructions; or
- help another person do any of the above.
We may restrict or terminate access, preserve evidence, and cooperate with authorities when we reasonably believe these Terms or applicable law have been violated.
7. FEEDBACK AND UNSOLICITED IDEAS
If you voluntarily send us feedback or ideas about the Site or KKS, you understand that the communication is not confidential. You grant KKS a worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, modify, publish, and otherwise use that feedback for any lawful purpose without payment or attribution. Do not send confidential information or creative material you expect us to treat as proprietary unless we have a separate written agreement.
This section does not transfer ownership of a photograph, design, or other creative work merely because you contact us; any intended creative submission or collaboration must be covered by separate written terms.
8. THIRD-PARTY SERVICES AND LINKS
The Site may use or link to third-party services, including Brevo, Instagram, hosting providers, and font-delivery services. Third parties are governed by their own terms and privacy policies. KKS does not control and is not responsible for third-party content, availability, security, products, promises, or practices. A link does not mean KKS endorses the third party.
9. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR SECURITY.
We do not warrant that the Site will be uninterrupted, error-free, secure, current, or free of harmful components, or that any defect will be corrected. You use the Site at your own risk. Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, KKS AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF KKS AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID KKS TO USE THE SITE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
These limits do not exclude liability that cannot lawfully be excluded or limited, and your jurisdiction may give you additional rights.
11. INDEMNIFICATION
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless KKS and its owners, officers, employees, contractors, and affiliates from claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys' fees arising from your unlawful use of the Site, your material breach of these Terms, or your infringement of another person's rights. KKS may control the defense of a matter subject to indemnification, and you agree to reasonably cooperate.
12. GOVERNING LAW AND DISPUTES
Before filing a legal claim, you and KKS agree to make a good-faith effort to resolve the dispute informally for at least 30 days after written notice describing the dispute and requested relief. Notices to KKS must be sent to hello@koolkidshit.com.
These Terms and any dispute arising from them or the Site are governed by the laws of the State of Idaho, without regard to conflict-of-laws principles. Subject to any law that gives you a non-waivable right to bring a claim elsewhere, the state and federal courts serving Canyon County, Idaho will have exclusive jurisdiction and venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13. CHANGES TO THE SITE OR TERMS
We may change, suspend, or discontinue any part of the Site at any time. We may update these Terms to reflect changes to the Site, our business, or the law. The "Last Updated" date will show when revisions were made. Material changes will receive additional notice when required by law. Changes apply prospectively when posted or on a later stated date. Your continued use after the effective date means you accept the updated Terms.
14. GENERAL TERMS
If a court finds part of these Terms unenforceable, that part will be enforced to the maximum extent permitted and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without our written consent; KKS may assign them in connection with a reorganization, financing, merger, sale, or transfer of the business or Site.
These Terms and the policies expressly referenced in them are the entire agreement between you and KKS concerning the current Site and replace prior or contemporaneous understandings about it. Headings are for convenience only. Nothing in these Terms creates an agency, partnership, employment, fiduciary, or joint-venture relationship.
15. CONTACT
Questions about these Terms may be sent to hello@koolkidshit.com.
KOOLKID SHIT
Idaho, United States