Welcome. These terms govern your use of kissytini.com (the “Site”), operated by Kissy Worldwide Inc. (“KISSY,” “we,” “us”), 9 Mercer, Suite 3, New York, NY 10010. By using the Site, you agree to these terms. If you do not agree, please do not use the Site.
1. You must be 21 or older
This Site is intended only for people of legal drinking age in the United States (21+). By using the Site you confirm you are at least 21 years old. Please drink responsibly.
2. What this Site is (and is not)
The Site provides information about KISSY products, where to find them, and how to contact us. Nothing on the Site is an offer to sell alcohol. All sales occur through licensed distributors and retailers under applicable law. Pricing shown (including any downloadable pricing sheet) is informational, intended for trade audiences, and subject to change without notice.
3. Our content belongs to us
The Site and everything on it - the KISSY name and lips logo, “Martini, but Expresso”™, text, photography, video, graphics, and design - are owned by or licensed to Kissy Worldwide Inc. and protected by trademark and copyright law. You may view and share links to the Site; you may not copy, modify, republish, or use our content or marks for any commercial purpose without our written permission. If you believe content on the Site infringes your rights, email hi@kissytini.com.
4. Acceptable use
Don’t misuse the Site. That includes: attempting to probe, disable, or interfere with it; misrepresenting your age; scraping or bulk-collecting content; submitting false or unlawful material through the contact form; or using the Site in violation of any law.
5. Third-party links and services
The Site links to and loads services we don’t control - for example Instagram, our map providers (Mapbox, OpenStreetMap), and Google Drive for the pricing sheet. Their terms and privacy practices are their own. A link is not an endorsement.
6. Privacy
How we handle information on the Site is described in our Privacy Policy (/privacy-policy). It’s short and written to be read.
7. No warranties
The Site is provided “as is” and “as available.” We work to keep it accurate and running, but we make no warranties of any kind, express or implied - including accuracy, availability, or fitness for a particular purpose. Stockist information changes; call the venue before you make the trip.
8. Limitation of liability
To the fullest extent permitted by law, Kissy Worldwide Inc. and its owners, employees, and partners will not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of (or inability to use) the Site. To the extent any liability is not excludable, our total liability for claims relating to the Site is limited to $100.
9. Indemnification
You agree to indemnify and hold Kissy Worldwide Inc. harmless from claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Site or violation of these terms.
10. Dispute resolution and arbitration
Read this section carefully. It affects your legal rights and requires most disputes to be resolved by individual arbitration instead of in court.
10.1 Informal resolution first. Before starting arbitration, you agree to send written notice of your dispute to hi@kissytini.com describing the claim and the relief you want. Kissy Worldwide Inc. will do the same for any claim against you. The parties will work in good faith to resolve the dispute for 60 days after that notice. Either party may start arbitration after the 60 days pass.
10.2 Agreement to arbitrate. Any dispute, claim, or controversy arising out of or relating to the Site, these Terms, or products you purchase through the Site, including questions about formation, validity, or enforceability, will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules in effect at the time of filing. The arbitrator, and not any court, decides all issues about the scope and enforceability of this section, except that a court decides the enforceability of Section 10.5. Judgment on the award may be entered in any court with jurisdiction.
10.3 Governing law and seat. The Federal Arbitration Act governs this section. New York law governs these Terms, without regard to its conflict of laws rules. Arbitration will be seated in New York County, New York. You may request to participate by phone or video, or to proceed on documents alone, to the extent the AAA rules allow.
10.4 Small claims exception. Either party may instead bring an individual claim in small claims court if the claim qualifies and remains in that court.
10.5 Class action waiver. All claims proceed on an individual basis only. Neither party may bring a claim as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person or preside over any representative proceeding. If this section is found unenforceable as to a particular claim or remedy, that claim or remedy proceeds in the courts in New York County and the remaining claims stay in arbitration.
10.6 Your right to opt out. You may reject this arbitration agreement within 30 days after you first accept these Terms by sending your name, mailing address, email address, and a clear statement that you decline arbitration to hi@kissytini.com. Opting out has no effect on the rest of these Terms.
10.7 Injunctive relief. Either party may ask a court for temporary injunctive relief to protect intellectual property or confidential information while arbitration is pending.
10.8 Survival. This section survives termination of these Terms and any termination of your use of the Site.
11. Changes
We may update these terms from time to time. The “Last updated” date above will change, and the current version will always live on this page. Continued use of the Site after a change means you accept the updated terms.
12. General
If any part of these terms is found unenforceable, the rest remains in effect. These terms and the Privacy Policy are the entire agreement between you and us regarding the Site. Our not enforcing a provision is not a waiver of it.
13. Contact
Questions about these terms: hi@kissytini.com · Kissy Worldwide Inc., 9 Mercer, Suite 3, New York, NY 10010.