Terms of Service

Welcome to Kirbybabe.com. This is the main website for Accessories Rivera Inc ("Kirbybabe"). These Terms of Use (“Terms”) govern your use of the Sites and supersede any prior agreement between you and Kirbybabe.

Binding Contract

THIS IS A BINDING CONTRACT BETWEEN YOU AND KIRBYBABE. BY ACCESSING AND USING THE SITES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND THE KIRBYBABE PRIVACY POLICY LOCATED AT KIRBYBABE.COM/PRIVACY-POLICY. YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITES OR ANY OF THE FEATURES OR PRODUCTS AVAILABLE THROUGH THE SITES UNLESS YOU AGREE TO THESE TERMS. PLEASE READ THEM CAREFULLY. YOU MAY NOT PROCEED TO THE SITES UNTIL YOU HAVE READ THESE TERMS AND SIGNIFIED YOUR ACCEPTANCE OF THEM. YOUR USE OF THE SITES CONSTITUTES ACCEPTANCE OF THESE TERMS.

KirbyBabe may periodically modify the Terms without notice. Changes to the Terms will be effective (a) 30 days after we provide you with email notice of the changes or (b) the date on which they are posted on the Sites. If you do not agree to any change to the Terms, you must cease use of the Sites. Your continued access and use of any of the Sites signifies your acceptance of the Terms as modified.

KirbyBabe may terminate your use of the Sites and its contract with you if you do not comply with these Terms.

ANY DISPUTE BETWEEN YOU AND KIRBYBABE MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, AS MORE FULLY DESCRIBED BELOW.

KirbyBabe Products and Services

The Sites provide you with the ability to access various KirbyBabe products, content and services. All of the products, content and services accessible through the Sites are for your personal, non-commercial use only and your access to and use of them are subject to these Terms.

The products, content, and services available through the Sites are subject to change and, in some cases, may be subject to additional terms of use. For example, additional terms apply to subscriptions, contests, and software accessible through the Sites. KirbyBabe will notify you of these "Supplemental Terms" in connection with the applicable product or service.

Proprietary Rights and License

All of the products, content and services available through the Sites are protected by copyright owned by KirbyBabe or its licensors or licensees. This includes all products, product descriptions, videos, text, graphics, logos, images, photographs, artwork, derivative works, software, and any other material or information published on or used in connection with the Sites (collectively, the “Site Content”). Similarly all trademarks, service marks, trade names, trade dress and other indicia identifying the Sites, kirbyBabe or the products or services available through the Sites ("Marks") are owned by KirbyBabe or it licensors or licensees. You do not obtain any rights in any of the products, content, or services available on the Sites or other Site Content or the Marks by your use of the Sites or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use them as provided below. All rights in the products, content or services and other Site Content and Marks are reserved to their respective owners.

Subject to these Terms, KirbyBabe grants you a personal, non-transferable, and non-exclusive limited license to access and use the Sites for your own personal, non-commercial use. This license includes the right to (a) copy and download materials from the Sites as needed for you to view them through your browser and (b) print screen shots of products, product descriptions, and similar materials for your personal reference use, provided you do not delete or modify any copyright or other proprietary notices. KirbyBabe may terminate this license upon notice to you, in which case you must cease all use of the licensed materials. Except as otherwise expressly permitted, you are not permitted to make any other use of the Sites or the Site Content.

License Restrictions

As above, the license granted to you by KirbyBabe is limited. It is also subject to certain restrictions. Unless Kirbybabe give you express written authority, you may not (a) resell any of the products, content or services or any other Site Content (or any portion thereof) on the Sites; (b) distribute, publicly perform, or publicly display any of the above; or (c) modify or make any derivative uses of the Sites or the Site Content (or any portion thereof).

In addition, under no case are you permitted to:

• use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any Site Content or other content or information used by the Sites;
• violate the restrictions in any robot exclusion headers on the Sites or circumvent any other measures used to prevent or limit access to the Sites;
• take any action that imposes, or may impose, in KirbyBabe’s sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• engage in deep-linking to any portion of the Sites for any purpose;
• “frame”, “mirror” or otherwise incorporate any part of the Sites into any other web site;
• use the Sites or the Site Content other than for their intended purpose;
• post content to the Sites in violation of the Terms; or
• violate any of the Community Guidelines;

Any use of the Sites or Site Content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of KirbyBabe’s intellectual property and other proprietary rights and a violation of applicable law.

Purchasing KirbyBabe Products

KirbyBabe attempts to ensure that the content, product descriptions, prices, and other information on the Sites are as accurate as possible. However, KirbyBabe does not warrant or guarantee that any information on the Sites is accurate, complete, or error-free, and KirbyBabe undertakes no commitment or obligation to update any content, product descriptions, or other information on the Sites. KirbyBabe may at any time change the contents, product descriptions, or other information on the Sites, and/or any aspect of the Sites, without prior notice. KirbyBabe also reserves the right to limit quantities of any KirbyBabe product or service purchased by any individual customer, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice, at KirbyBabe’s sole discretion.

As to products and services that may be featured on the Sites, KirbyBabe makes every effort to display as accurately as possible such products and services. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment. KirbyBabe cannot guarantee that your equipment will accurately display the details of our products and services.

By purchasing products, content or services through the Sites, you agree to comply with all of the Terms. You also represent that you are 18 years of age or older. If a purchase is made by a minor, KirbyBabe is under no obligation to offer a refund but may do so at its discretion.

Communications with KirbyBabe

KirbyBabe likes to hear from you. However, in your communications with KirbyBabe, please keep in mind that, unless we specifically request them, KirbyBabe does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Sites, by e-mail or in any other way, and KirbyBabe does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters.

Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted to KirbyBabe via the Sites, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to the Sites (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and KirbyBabe will not assume any responsibility, obligation, or liability for them or for KirbyBabe's receipt or non-receipt of them. KirbyBabe may delete or destroy Your Submissions at any time. kirbyBabe's receipt of Your Submissions is not an admission by KirbyBabe of their novelty, priority, or originality, and it does not impair KirbyBabe's right to contest existing or future intellectual property rights relating to Your Submissions.

By submitting or sending Your Submissions to KirbyBabe, you grant WondaPop a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by KirbyBabe under these Terms, do not and will not infringe any right of any third party.

Email Contacts

By creating a User Account or sending e-mail to KirbyBabe, you consent to receive email communications from us. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Sites or otherwise, satisfy any legal requirement that such communications be in writing.

Investigations

KirbyBabe reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of security for the Sites or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the Sites, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms to the full extent of the law, (e) delete or modify any content on the Sites, including any materials or items you may have acquired through your use of the Sites, and (f) discontinue any of the Sites or terminate your access to them at any time, without notice, for any reason and without any obligation to you whatsoever.

Privacy

KirbyBabe may collect certain information in order to operate the Sites and to fulfill your requests or enable participation in certain online activities. Under the KirbyBabe Privacy Policy, we may disclose to third parties certain aggregate information contained in your registration information (if any) or related information. KirbyBabe will not, however, disclose personally identifiable information about you to anyone outside our corporate family, except our agents and service providers, unless: (a) you specifically authorize us to do so, (b) we believe, in good faith, that such disclosure is necessary either to comply with the law or a legal process (including subpoenas and other court orders), or to enforce these Terms, or (c) it's otherwise permitted under our Privacy Policy (which we may amend from time to time, without notice to you). For more information about and to read the KirbyBabe Privacy Policy see Privacy Policy Page.

KirbyBabe has adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Shopify technology to protect highly sensitive information such as credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Nevertheless, we cannot guarantee complete security of personal information.

Copyright Claims

KirbyBabe will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Sites, then send KirbyBabe a written notice that includes all of the following:

• a legend or subject line that says: "DMCA Copyright Infringement Notice";
• a description of the copyrighted work that you claim has been infringed;
• the URL of the site and a description of where the material that you claim is infringing is located on that site;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
• your electronic or physical signature.

KirbyBabe will only receive DMCA notices by mail, e-mail, or facsimile directed to KirbyBabe's Designated Agent at the addresses below:

By Mail:

KirbyBabe

Attention: Legal Department

15514 Paramount Blvd

Paramount, CA  90723

By E-Mail: KirbyBabeinfo@gmail.com

KirbyBabe may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and KirbyBabe may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.

Warranty Disclaimers and Waiver

THE SITES, AND ALL SITE CONTENT, KIRBYBABE PRODUCTS AND SERVICES, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. KIRBYBABE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. KIRBYBABE ALSO DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITES AND INFORMATION THEREON. KIRBYBABE FURTHER DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY CONTENT ON THE SITES. FINALLY, KIRBYBABE DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITES OR IN CONNECTION WITH THE SITES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES.

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST KIRBYBABE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITES, ANY CONTENT ON THE SITES, AND ANY KIRBYBABE PRODUCTS AND/OR SERVICES, AS WELL AS ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION).

Limitation of Liability

KirbyBabe will not be liable under any theory of law, for any and all damages, claims, or causes (such as, but not limited to, punitive damages, breach of contract damages, loss of profits, business interruption, loss of information or data, or costs of replacement goods) arising out of or relating to your use or inability to use the Sites or resulting from use of or reliance on the information present, even if KirbyBabe may have been advised of the possibility of such damages. If you are dissatisfied with the Sites, you do not agree with any part of these Terms, or you have any other dispute or claim with or against KirbyBabe with respect to these Terms or the Sites, then your sole and exclusive remedy is to discontinue using the Sites. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, KirbyBabe’s aggregate liability shall not exceed USD $100.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Force Majeure

Without limiting any provision in the previous section, KirbyBabe shall not be liable or be deemed to be in breach of these Terms for any failure to perform, or delay in performing, any of KirbyBabe’s obligations in relation to the subscription boxes or other KirbyBabe products if the delay or failure was due to any cause beyond KirbyBabe’s reasonable control. Causes beyond KirbyBabe’s reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident; war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority; import or export regulations or embargoes; strikes or other industrial actions or trade disputes (whether involving employees of KirbyBabe or a third party); problems in obtaining raw materials, labor, transportation, fuel, parts or machinery; and power failure or breakdown in machinery, including computer or other equipment failure. In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect.

Indemnification

You agree to indemnify, defend and hold KirbyBabe, its officers, directors, employees, agents, licensors and suppliers harmless from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and costs, resulting from any violation of these Terms or any activity related to use of the Sites by anyone using your User Account or password.

Applicable Law

These Terms, together with the Privacy Policy, constitute the entire agreement between you and KirbyBabe concerning your use of the Sites, superseding any prior agreements between you and KirbyBabe with respect to the Sites. These Terms and the relationship between you and KirbyBabe shall be subject to the internal laws of the State of California without giving effect to its principles on conflict of laws and shall be applied to any arbitration under these Terms.

Binding Arbitration; Class Action Waiver

Except for matters relating to the enforcement of kirbyBabe's intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the Sites, your participation in any of the features available through them and/or your purchase of any products, content or services shall be finally resolved by as provided below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE WITH KIRBYBABE BEFORE A JUDGE OR JURY. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. You and KirbyBabe agree to arbitrate solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or KirbyBabe opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and KirbyBabe expressly waive the ability to participate in any class or representative litigation.

If a dispute arises that is subject to arbitration, you must give KirbyBabe written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If KirbyBabe does not resolve our dispute within forty-five (45) days after receiving your notice, you may pursue arbitration as below by sending a written demand for arbitration to KirbyBabe at the address set forth above in "Copyright Claims."

Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process, shall be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and KirbyBabe. If we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with one another. Any arbitration will be held in Los Angeles, California, unless otherwise agreed upon by you and KirbyBabe in writing. You and KirbyBabe will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith

You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to KirbyBabe at the address above no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.

Because the Sites and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of California law to any underlying claims as provided above). You agree the arbitration and other provisions of this section "Binding Arbitration; Class Action Waiver" survives any termination of these Terms.

Severability; Survival

The Terms shall survive termination of your agreement with KirbyBabe. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Last updated: February 1, 2025