Effective October 1, 2007

Here at Ku Creations we take great pride in our honesty, kind and friendly attitude towards our customers. Although we would prefer to do our business the old fashion way with a friendly smile, a thank you and a handshake, there are those individuals out there who have spoiled it for the rest of us. Unfortunately in order for us to do business in this very fast growing and challenging industry we are forced to include the following boring but necessary legal mumbo jumbo in our daily operations. We thank you in advance for your understanding and support.

Ku Creations (“We”) welcomes you.  Before the customer (“You”) uses the www.kucreations.com web Site (the "Site"), please read the following Terms and Conditions of Use that govern your use of the Site. By using the Site, You agree to the following and You agree to be bound by these Terms and Conditions of Use (the "Agreement") in its entirety.

General
We may at anytime without prior notice to You either in whole or in part change, modify, move, delete information and or add additional information, to sections, portions of sections and or specific words to this Agreement. Said actions may include but are not limited to content, equipment and or related software. The customers (“Your”) use of the Site following any such changes constitutes Your acceptance to follow and to be bound by the Agreement as changed in its entirety.

Children’s Online Privacy Protection Act of 1998 (COPPA)
We support COPPA 100%. We do not intentionally or knowingly sell products to children but we do sell children's products for purchase by adults. In compliance with the Children's Online Privacy Protection Act of 1998 (COPPA), if You are under the age of thirteen, You may use www.kucreations.com only with the involvement of a parent or legal guardian. We encourage both parents and children to be involved and participate in any interactive online activity. It is against Ku Creations (“Our”) policy to knowingly collect or use any personal information from children We know to be under the age of thirteen. In addition, once We are notified We will delete any information in Ku Creations (“Our”) databases that originates from a child found to be under the age of thirteen.

Personal Information
Rest assured, one of Our top priorities is providing a safe, secure, confidential and pleasant online experience. Especially with all that goes on in this vast growing internet world. We utilize industry standard security protocol; Our Secure Sockets Layer (SSL) ensures that Your payment information is encrypted and safely transmitted.

All personal and private information provided to Ku Creations directors, officers, employees and agents (“Us”) is kept strictly confidential. Such information is utilized by Us only and it is against Our policy to loan, sell or share Your information to any third parties. Any financial information that is collected is used only to bill You for completed orders. Sensitive information is always protected under strict & secure protocol and is only accessible by a limited number of high level authorized personnel. Authorized access to sensitive information is limited to those who are required to perform appropriate business related duties. Internal authorization passwords are continuously and randomly changed on a regular basis for added security. Preventing credit card fraud and protecting Your personal and financial information is of the utmost importance to Us.

We collect contact information (such as Your e-mail address) when You place an order with Us. We may, from time to time, use this e-mail address provided to Us to send You information for marketing purposes, about news, specials offerings, promotions, by invitation only sales events, etc. You reserve the right to have Your e-mail address removed from our e-mailing list. Requests to have Your e-mail address removed from Our e-mailing list must be sent to Us in writing via e-mail. Please include the following text within both Your subject field and within the body text field “Request for e-mail address to be removed”. In addition, please ensure that when You are sending Your request for e-mail address removal, either indicate the e-mail address to be removed from Our list or send the request from the same e-mail account that You are requesting to be removed. This will better help both You and Us to properly remove Your e-mail address from our list in a timely manner.

No Absolute Safeguards
Although We will use reasonable efforts to safeguard the privacy of Your information and transmissions, the Internet cannot be made absolutely secure. Accordingly, We assume no responsibility or liability for disclosure of any of Your information due to errors in transmission, unauthorized third-party access or other causes beyond Our reasonable control.

Sale of Our Company
In the event that We are legally acquired by or merge with another entity, either in whole or in part, all of Our customer information including both financial records and consumer information that We have collected may be transferred to or shared with said entity.

Payment Methods
We accept the following major credit cards (Visa / MasterCard / Discover / American Express) We do not ship orders cash on delivery (C.O.D.), money orders and or checks.

Promotional Codes/Coupons/Discounts
Promotional codes, coupons, special offers, sales items, promotional items and any other discount offers (“Discounts”) may not be combined and redeemed during any purchase. In addition such Discounts may not be applied to previously completed transactions. Discount offers shall not apply to tax, shipping & handling, setup fee’s, digitizing fee’s, special fee’s or similar processing fee’s/charges. All approved RMA returns will be credited the total value amount of returned merchandise minus shipping & handling, processing fee’s/charges and any applicable discounts redeemed.

Special/Custom Orders
Special/Custom ordered items require payment in full prior to commencing of production. Once merchandise has entered production, changes to custom and or special ordered items will not be accepted.

Exchanges/Credits
We do all We can to exchange or issue credits for returned merchandise. All exchanges and or credits for returned merchandise must include a “Return Material Authorization” (“RMA”) form. You must notify Us within 14 calendar days from delivery that you wish to exchange and or receive credit. After 14 calendar days from delivery (the 15th calendar day) no exchanges and or credits will be accepted. If You wish to return any merchandise for exchange and or credit You must complete the following guidelines:

Note: Do not ship any merchandise before the following has been completed!

Notify Us within the timeframe indicated above, that You wish to exchange and or receive credit for merchandise being returned. You may notify Us either by e-mail (customerservice@kucreations.com) or Fax (714-410-2899). When notifying Us You must include a detailed description for reason of exchange and or credit.

Note: No exchanges and or credits will be accepted without first notifying Us in advance.

Once We receive Your notification for exchange and or credit, We will provide to You an approved RMA form either by e-mail or Fax

Once You have received an approved RMA form from Us, You must complete any remaining required information on the form.

Properly package merchandise to be returned in original condition, containing originally attached tags, accompanied with original packaging and include a copy of Your completed RMA form.

Ship returned merchandise back to Us to the following address below:
Ku Creations
ATTN: Returns Department
4141 Ball Road #208
Cypress, California 90630-3400

Note: It is strongly recommended that all returned merchandise is shipped insured for the value of its contents and that it also requires signature confirmation for delivery. We will not be responsible for any returned merchandise that is lost and cannot be confirmed received.

All RMA approved credits shall be credited back to your original account less shipping charges. You shall be responsible for all freight and shipping charges for returned merchandise that is found not to be the result of our error. Once returned merchandise has been received and checked into our warehouse, credits to your account shall be processed. Please allow for 5 business days minimum for credits to Your account to be completed. Keep in mind depending on when the credit was issued and depending on your bank / financial institution it may take up to 1 to 2 billing cycles for credits to appear on Your statement.

Note: We do not accept merchandise for exchange and or credit without an approved RMA form and or that have been washed, worn, altered, personally embellished or commercially / professionally embellished, colored, faded and or mistreated.  In addition exchanges and or credits shall also not be accepted for any products which are found not be purchased from KU Creations, not in original condition, not containing originally attached tags, not accompanied with original packaging. The following sales are final and cannot be returned: final sale items, special order items, final closeout items and custom order items.

Cancellation of Order
When applicable, no order shall be allowed to be cancelled once in production. Production items include but shall not be limited to custom embroidery items, custom embellishment items, custom ordered items and special order items.

Shipping
You are responsible for all shipping and freight charges, FOB our warehouse. All orders shipped are subject to availability. Inventory will fluctuate on seasonal items. We commonly utilize the following carriers: United Parcel Service of America (UPS), Federal Express (Fed-Ex) and The United States Postal Service (USPS). We are not responsible for shipping delays caused by any carrier.

You must notify Us at time of purchase if a signature is required for residential deliveries. We are not liable for any lost or stolen goods that are delivered to a residence without requiring a signature.

We do not ship to Post Office Box (P.O. Box), Army Post Office (APO), Fleet Post Office (FPO).

Any shipment and or receipt date that We my quote to You will be approximate and will not be guaranteed.

International Orders
Unfortunately at this time We do not accept any international orders nor do we ship internationally.

Right to use Copyrights and Trademarks
You represent and warrant to Us that You have the unrestricted right to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture or illustration of any person or any other intellectual property ("Material") in the way it is to be printed on or otherwise applied to the products ordered by You. You warrant that, in obtaining the Material and submitting it to Us for reproduction, You have not violated or infringed on any trademarks, copyrights or other intellectual property rights of any third party. You agree to indemnify and hold Us harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by Us by reason of breach of this warranty, and You agree to pay any judgment or settlement offer resulting from any suit, demand, or claim, and to pay any attorney's fees incurred by Us in defending against any such suit, demand or claim.

The burden of determining that any Material is not protected by trademark, service mark, copyright or other proprietary right rests with You. You are solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third parties whose rights may be violated or infringed by the use of any Material protected by trademark, service mark, copyright or other proprietary right. To use any logo, trademark or copyrighted items, a customer must have written permission from the owner of the logo or trademark or copyright. You may not use any logo or other graphic material in a manner which may infringe copyright, trademark, service mark or other proprietary mark. You also may not use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner. We assume no responsibility for damages or any wrong doing that You or any third party that may cause using a logo, trademark or copyrighted items. You agree to indemnify and hold Us harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by Us by reason of the unauthorized, improper, or illegal use of any logo or trademark or copyright that is utilized on or otherwise applied to merchandise ordered or purchased by the You through Us.

Warranty/Guarantee/Disclaimer of Liability
You acknowledge that the use of Our Site is at Your sole risk. Although We make reasonable efforts to post accurate information (products, pricing, descriptions, pictures, contents, etc.) We do not guarantee the Site to be 100% error free or uninterrupted and there is no warranty as to the result obtained through use of the Site. This Site and all of its contents are provided on an “AS IS” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your use of the Site, that Your use of the Site is at Your sole risk, that You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment You use in connection with Your use of the Site and that We shall not be held liable for any damages of any kind related to Your use of the Site.

Our liability to You, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not We have been advised of the possibility of such damages. We shall not be liable for any damage that You may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of Us. We shall not be liable for unauthorized access by third parties to Your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with You and any change or elimination of this Agreement and or the Site. We cannot guarantee variances in color, shade, size, construction of stock merchandise and or materials.

Accuracy of Colors
While We have made reasonable efforts to accurately display graphics, colors, actual appearance and specific details of all of Our products which appear on Our Site, We cannot guarantee or warrant that Your monitor will accurately display as actual product. (i.e. actual product color, size, perception, etc.) Unfortunately even with Our use of high resolution photography/pictures, layouts and displays We are unable to accurately accommodate for the large number of various monitor’s unequally manufactured today. We will not be held liable, whether for damages, return of merchandise for credit, or otherwise as a result of any variances between the perceived product appearance, colors and or graphics displayed on Your monitor.

Materials/Products
We take great pride in Our service, products, craftsmanship and close attention to detail. We use high standard, quality materials and stand by Our products.

Note: Our shirts could shrink up to one full size or more.

We utilize high quality materials and products such as: 100% pre-shrunk cotton, ringspun cotton, goof proof heat transfer material, high quality embroidery tread, high quality fabrics, high quality rhinestones, etc.

Many of Our products are hand created, assembled and applied. As with many hand crafted products, there will be variances between same products which is part of the unique nature of our merchandise.

Delays/Backorders
Unfortunately due to a variety of circumstances including handcraftsmanship, detail oriented, large demand, vendors availability, out of stock items, etc. many of Our products may be backordered. If an estimated shipment date is provided this date shall not be considered as actual and or as a promise of delivery and should be for estimation purposes only.

Notice of Defects
Upon receipt of delivered merchandise, You are responsible of thoroughly inspecting each item delivered. In the event of a claim, You shall immediately notify Us no more then 14 days from receipt of merchandise to submit such claims. Any claims submitted after 14 days from receipt of merchandise shall not be honored. Valid claims that We receive and approve shall be issued an RMA at time of claim receipt.

Note: Terms for “Exchanges/Credits” apply to claims, see “Exchanges/Credits” section for further details. Under no circumstances will We accept any claims for merchandise that has been washed, worn, altered, personally embellished or commercially / professionally embellished, colored, faded, mistreated, not be purchased from Us, not in original condition, not containing original attached tags and or not accompanied with original packaging. In addition We will also not accept any claims submitted by the original purchaser.

Prices/Quantities/Styles/Colors/Vendors
Prices are subject to change without prior notice. All merchandise will be shipped at the prices in effect at the time of shipping. We reserve the right, at Our sole discretion, to change, modify, adjust, incorporate and or discontinue styles, colors, sizes, fabrics, products, quantities, appearances and or suppliers. All orders are subject to availability.

Legal Compliance
You shall use Ku Creations for lawful purposes only. Any use of Ku Creations other than the viewing, purchasing of products and or lawful Ku Creations related communications on this Site is strictly prohibited without prior authorization from Us. Both in whole or in part the use of Ku Creations and or any portions related to Ku Creations including but limited to the use of the materials on the Site and the Site as a whole, trademarks, service marks, product names, company names, logos, including the reproduction, modification, distribution, republication of same, downloading, copying directly from the Site, copying the downloadable materials displayed on the Site, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the Site must be submitted to Us in writing. Written authorization must be obtained from Us prior to any use of said actions. You shall not transmit through Ku Creations any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in Our sole discretion, to refuse to produce goods and/or to terminate Your access to Ku Creations for any breach of this provision or any other provision of this Agreement. In addition We reserve the right to refuse service to anyone for any reason.

Indemnification
You agree to indemnify, defend and hold harmless Ku Creations against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by You or anyone accessing Ku Creations under your account.

Force Majeure
Neither You nor Us shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party's control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Use, in whole or in part.