TERMS AND CONDITIONS

1. Use of the Website

Welcome to the KLIMCHI.COM website (the ‘website’). By accessing this website you agree to these terms and conditions (the ‘Terms’). If you do not agree to them you may not use this website and should leave it immediately.

KLIMCHI.COM is an online service of Klimchi s.r.o. (‘KLIMCHI/KLIMCHI.COM/‘We’/‘our’/‘us’) provided solely for your personal use for the sale of glassware, lighting, accessories and other Items (‘Items’).
Company name: Klimchi s.r.o.
Company number: 083 26 452
Email: customercare@klimchi.com, info@klimchi.com
Telephone: +44 7518 760 717
Where Registered: Municipal Court in Prague, Section C, insert 316 998
Registered office address: Miroslava Hajna 740/2, Praha 9, 199 00, Czech Republic
Not VAT registered.

We have taken great care to ensure that the Items on our website are presented as accurately as possible. However, colour clarity will depend upon your own personal monitor and we therefore cannot guarantee that the colour of the actual Item is absolutely accurate. Before placing an order please read through these Terms.

To be eligible to purchase Items on this Website you must:

1. a) be the holder of a valid debit/credit card.
   b) warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.

If your personal information changes then please notify us immediately by contacting Customer Care on the following email customercare@klimchi.com.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

By using this site you agree to comply with, and be bound by, these Terms.

We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.

 

2. Making a purchase

When you order an Item from KLIMCHI you are offering to buy it for the price stated, subject to these Terms.

You will be guided through the process of placing an order by a series of instructions on the Website. You place your order for Items from the Website by clicking on the Purchase Now button at the end of the online order process.
Once you have placed your order, we will send you an email acknowledging the exact details of your order, providing you with a payment reference and the value of your order that will be debited from your credit/debit card. This is not an order confirmation or order acceptance from KLIMCHI.

Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Returns policy set out in section 3b below, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have dispatched the Items ordered by you.

Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.

If you require any information regarding your order(s) please contact Customer Care Team on email customercare@klimchi.com.

We may not accept your order if (i) an item you have ordered is out of stock, (ii) if your card is due to expire within 28 days of your purchase date (iii) we are unable to obtain authorisation for your payment or (iv) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.

If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See the Returns policy set out in section 3b below.

We will try to keep our Website as up to date as reasonably possible, but cannot guarantee that any particular Item will always be available. If we can't supply any Item we will release the funds being held in your account for the purchase.

 

3. Price and Delivery

3a. Orders

Currency: Your card will be charged in GBP £. Prices for shipment to the UK will be shown in GBP £. Where shipment is outside Europe to the Americas – North and South including Canada and the Caribbean – prices are shown in USD $. Prices for shipment to all other countries will be shown in EUR €.

The price displayed to you at the checkout is the price you pay. This will not vary later whatever currency fluctuations occur. Refunds will also be set at the price you paid not the price in the currency concerned at the date of refund.

VAT: KLIMCHI is not VAT registered, thus no VAT will be due on any orders.

To help clients approximate prices in their local currency, the website has a currency converter feature. Please note this is for display purposes only and prices are calculated using regularly updated exchange rates. Final payment will be made in GBP £. As such, final credit card and debited amounts may vary based on currency fluctuations and bank commissions. KLIMCHI encourages clients to contact their home bank to receive the accurate price conversion and any bank commissions related to the transactions.

 

Please note, KLIMCHI does not collect or use US sales tax at this time. Your purchase may be subject to local use tax unless it is exempt from taxation. It is your responsibility as the customer to report any purchases of tangible personal property that have not been taxed by KLIMCHI and pay use tax on those purchases unless exempt under local State law.

If you are shipping an order to the US on a Delivery Duty Paid (DDP) basis, and you choose to return an item, we will refund your duty and tax. By ordering goods from KLIMCHI, you hereby assign the right to reclaim any Customs Duty (Duty Drawback) directly from the Department of Immigration and Border Protection to KLIMCHI and agree not to claim Duty Drawback yourself.

Delivery to countries other than mainland United States that are outside the EU may be subject to local import taxes, which are your responsibility (where applicable). If so, the shipping company will contact you by telephone once your Items are in customs to let you know the cost. Be aware that this may delay your delivery time as goods held at customs will be your responsibility to pay the necessary charges for local authorities to release the goods.

We aim to deliver your chosen items to the place and person of your choice, in perfect condition and in the shortest possible time. Our delivery charges are dependent on your shipping destination. Please refer to our delivery section to view timing and costs. Estimated delivery times are to be used as a guide only. KLIMCHI cannot take responsibility for delays owing to customs clearance, courier delivery failure or payment issues. All purchases are insured while in transit until it is delivered to you. If you wish to track your parcel, please refer to the email you were sent containing your tracking number or alternatively email us at customercare@klimchi.com and we will track your shipment for you.

Please order from KLIMCHI with enough lead-time to prevent any loss or disappointment resulting from the delivery time as KLIMCHI cannot be responsible for this.

If your order will not be delivered within the timeframe specified at ordering we will notify you and try to rectify the situation as quickly as is practically possible.

All new orders are deemed separate and each is treated individually.

As KLIMCHI online purchases may be delivered to addresses other than the billing address given by the cardholder, for example as with the case of a gift being purchased and addressed to a friend, as a security precaution, an email and a copy of the invoice will be sent to the cardholder’s registered email address and home address, and we will require a signature upon delivery for all goods shipped.

Please visit our Delivery Section for full details regarding deliveries.

3b. Returns and Cancellation

Customer satisfaction is always our top priority, and as such we handle each query on an individual basis to the best of our ability. While we hope that you are delighted with your order, if you are not perfectly satisfied with your goods we will happily offer you a full refund.

Please read our return policy carefully to ensure you can proceed with your request as quickly as possible.

All returns should be sent back to us in their original packaging provided. Please ensure when returning the parcel that the KLIMCHI box is properly protected.

You have 14 days from receipt of order to request your return. Return outside the 28-day window may be accepted at our discretion. The item(s) should be returned unused and in perfect condition, with all KLIMCHI tags still attached. Returns that are damaged, soiled or returned without their original labels may not be accepted and may be sent back to the customer.

Before your parcel leaves our warehouse, it is fully checked and controlled by our packing team. If you receive a parcel which is damaged, please notify the courier while receiving the parcel. Unless you do so it will be difficult to prove the item(s) was damaged in transport and the claim may be accepted at our discretion. If you receive an item(s) which is damaged, please contact us immediately providing photographs of the damaged item(s).

If your item is faulty (i.e. manufacturing fault), we can offer alternatives such as exchange. For more information, please contact our Customer Care team.

Returning Goods from Non-EU Countries

If you are living outside the EU, you will also have received an Invoice with your package. This needs to be completed and enclosed with the items you wish to return. On this form you will need to indicate which item(s) are being returned. All successfully returned items will be only credited to the account used originally to purchase the items, less any taxes, import duties or original shipping charges incurred and will be refunded in the currency you purchased the item(s) at the price you paid at the exchange rate prevailing on the day when you bought the item(s). For more information about our returns process, please see our Returns Policy or contact our Customer Care Team.

Please note, for returns from orders placed on a DDP basis, duty and/or tax is only refunded if the order was shipped to the US.

Our returns policy does not affect your statutory rights in any way.

Statutory Cancellation Rights

You have the right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are in the EU.

You may cancel your order within 14 days after the day on which you receive your Items.

If for any reason, you wish to cancel your order before your Items have been dispatched, you need to let us know. In order to do so, you will need to confirm in writing to customercare@klimchi.com. You may use the model cancellation form (appended at the end of this section), but it is not obligatory. If you cancel your order, we will reimburse all payments received from you, including the cost of delivery within 14 days (except for any supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us).

If you wish to cancel after the Items have been despatched, then you need to let us know within 14 days after the day on which you receive your Items. You can notify us by email as identified above. Once we have received notification from you of your wish to cancel your order, you will then have a further 14 days to return your Items to us. You will have to bear the direct cost of returning the Items.

We may make a deduction from the reimbursement for loss in value of the Items, if the loss is the result of unnecessary handling by you.

Model Cancellation Form

(Complete and return this form only if you wish to cancel your order.)

To KLIMCHI, Palackeho 42, 471 14 Kamenicky Senov, Czech Republic; email customercare@klimchi.com:
[*] Delete as appropriate
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is sent by post):
Date:

3c. Discount Codes

You may occasionally receive discount codes from us, via email or through promotional materials.

Free shipping offers apply to the entry-level delivery option. Free shipping offers on orders are valid only on full-price items. In all cases, only the delivery is free. Any taxes, duties or customs fees are chargeable. The promotional code FREEDEL is valid on all orders over £100. Codes cannot be used in conjunction with any other offer at KLIMCHI.

Each code is unique to the recipient, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each code has an expiry date, which will be stated at the time of promotion or on accompanying promotional materials which cannot be modified. Discount codes may be redeemed for online purchases only. Again, this will be stipulated at the time of promotion and on accompanying promotional materials.

When an order is placed using a promotional code and contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item purchased in such an order will be reduced by the value of discount attached to it. The ‘discount’ will not be refunded.

Under no circumstances can the value of a discount code be deducted from an order if that code is defective or out of date: no replacement codes will be issued.

Only one discount voucher can be used per order.

4. Credit Cards

KLIMCHI allows orders to be processed online using a valid credit or debit card.

Your credit card company may undertake an additional security check to confirm it is you making the order. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

 

5. Passing of property and risk

We will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you. Risk in the Items will pass to you on delivery to you.

 

6. Refunds

KLIMCHI wants to ensure your complete satisfaction with the Items. For online purchases, we will accept Items not used or damaged for a full refund as set out above.

All successfully returned items will be credited to the original payment method. The original shipping charges will not be refunded. Please note that refunds can take up to 14 working days to show on your account due to varying processing times between payment providers. If you have any queries or wish to discuss the returns procedure in further detail, please do not hesitate to email customercare@klimchi.com.

 

7. Contacting Us

If you would like some help when ordering, have a query about your order or to provide us with feedback on our service, please email customercare@klimchi.com 24 hours a day, seven days a week.

 

8. Copyright and Trade Marks

All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the ‘Content’) is the property of KLIMCHI, our affiliates, our partners or our licensors, and is protected by Czech, EU and international copyright laws.

The trademarks, logos, and service marks displayed on the Website (collectively, the ‘Trade Marks’) are the registered and unregistered marks of KLIMCHI, our affiliates, our licensors or our partners, in the Czech Republic and other countries, and are protected by Czech, EU and international trademark laws. All or any other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Except as set forth in the limited licence in the section entitled ‘Limited Licence’ below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

 

9. Limited Licence

We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame, link to, or utilise any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion.

The limited licence set forth in this section does not include the right to:

1. a) modify or download the Website or its contents (except caching or as necessary to view content)
2. b) make any use of the Website or its Content other than personal use
3. c) create any derivative work based upon either the Website or its Content
4. d) collect account information for the benefit of another party
5. e) use any meta tags or any other ‘hidden text’ utilising our name or the Trade Marks without our express written consent
6. f) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:

1. a) link to, but not replicate, our Content
2. b) not imply that we are endorsing such website or its services or products
3. c) not misrepresent its relationship with us
4. d) not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages
5. e) not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions
6. f) not use any Trade Mark without our prior written consent and
7. g) not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

Any unauthorised use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law.

 

10. Third Party Links

We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and Terms. You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.

 

11. Submissions

We welcome enquiries or feedback on the products you use or might like to purchase; however, it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, ‘Submissions’) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concept or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to fully indemnify us for all claims arising from your claims to any rights in any Submission.

 

12. Our Liability To You

You have certain rights under the law, including that any Items you order through this Website will be of satisfactory quality, fit for their intended purpose, and will conform to your order and any description given on this Website.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.

We only supply the Items, use of the Website and any other services for domestic and private use. You agree not to use the Items, Website or any other services provided by us for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Further, you agree that we are not responsible or liable under any circumstances for any computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third-party websites.

In no event shall our maximum aggregate liability exceed the greater of one hundred pounds (£100.00) or the sum you have paid us for the Item in relation to which you have a claim. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by the laws of that country. Nothing in any warranty given in this clause affects your statutory rights.

 

13. Disputes

To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any Items from KLIMCHI shall be submitted to confidential arbitration in Prague, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the Czech Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in Prague, and all applicable provisions of this section shall apply.

 

14. General

You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any Items from KLIMCHI, and supersede and govern all prior proposals, agreements, or other communications.

If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by KLIMCHI shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.

No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.

We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

If you have any questions regarding these Terms, please contact us by email at customercare@klimchi.com.

 

15. Governing Law

Your use of this Website and any purchase by you of any Item from KLIMCHI shall be governed by Czech law and you hereto submit to the exclusive jurisdiction of the Czech courts.

 

16. Gift Cards

KLIMCHI Gift Cards are sold subject to the following terms and conditions:

1. a) Gift Cards are valid for 12 months from the date of purchase.
2. b) Gift Cards can be redeemed against all products on KLIMCHI.
3. c) Gift Cards cannot be returned or refunded and are non-transferable.
4. d) Gift Cards can only be purchased with a debit or credit card; account credit cannot be used to buy a Gift Card.
5. e) If your order exceeds your credit value, any remaining balance must be paid for by credit or debit card.
6. f) If you return products you have purchased using a Gift Card, the remaining balance will be added to your account as credit and can be redeemed against subsequent orders.
7. g) KLIMCHI is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission.
8. h) KLIMCHI reserves the right to cancel a Gift Card if we deem such action necessary.
9. i) Gift Cards are exempt from duty and tax.
10. j) No delivery charges apply on Gift Card(s)-only orders.
11. k) If a customer purchases a Gift Card or Gift Cards alongside other products, standard delivery charges will apply (except during free delivery promotional periods).
12. l) Gift Cards cannot be used in conjunction with any other offer, with the exception of free delivery promotions.

 

17. Using and Submitting on The Style Social

Our Website allows you to upload your own photographs and/or videos of yourself and features photographs and videos from Instagram and Twitter – that contain the hashtag #KLIMCHI – in the Website's gallery. If your content, uploaded to the Website or otherwise provided as a Submission, is selected by KLIMCHI, it may be displayed or appear on the Website, social-media channels or as otherwise described in these Terms of Use for other users to see, together with your name and associated Instagram or Twitter (if applicable) profile information (such as your handle and profile picture). KLIMCHI is under no obligation to feature or post any photograph or video on the Website or otherwise, but may do so at its sole discretion.

By uploading your photo or submitting it using one of the listed hashtags on Twitter or Instagram, you acknowledge that it may be selected for display in the gallery on the Website or social-media channels. KLIMCHI will select photos at its absolute discretion. For the avoidance of doubt, KLIMCHI is under no obligation to use any photos submitted.

By uploading your photo you retain your rights in that photo. By submitting a photo you hereby grant to KLIMCHI a perpetual irrevocable, worldwide, non-exclusive, royalty-free, assignable, sublicenseable licence to use, edit, alter, reproduce, translate, publish and/or distribute the photos and/or incorporate it in other works on the KLIMCHI Websites, apps, emails and social-media channels, or in other products or services available through the Websites (the Websites and the products and services collectively referred to as the “Services”) for publicity purposes and in advertising, marketing and/or promotional material without additional compensation or prior notice using any and all media or distribution methods (now known or later developed). We also reserve the right to display any Submission, as well as your name, Instagram, or Twitter handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works without further notice or compensation to you.

You understand that this licence means your photo may be made available by KLIMCHI worldwide on the Services and that other users of the Services (individuals and companies) can also share and make your photos available on social media platforms or other services. More particularly, a user can share a photo directly from the gallery on Pinterest, Twitter and Facebook. KLIMCHI shall retain the rights granted in each submission even if the submission is disqualified or fails to meet the submission requirements. If you do not want to grant the permissions set out above, then please do not submit or share your photos.

By submitting your photos you warrant and represent that you have the right to grant the licence described above. In particular, you promise that you have obtained the permission of all the people featured in the photo (and, if they are under 18, their parents and/or guardians as well) to allow KLIMCHI and other users of the Services to use the photos. To the extent permitted by law, you also agree to waive your moral rights in relation to any photos submitted.

When you make a Submission, you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by KLIMCHI without restriction. You represent and warrant that your provision of Submissions through KLIMCHI complies with all applicable laws, rules and regulations, Instagram's Terms of Use, Twitter's Terms of Service and any third-party agreements to which you are subject. To the fullest extent permitted by applicable law, you further irrevocably waive any and all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, defamation, invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar claim or cause of action under any applicable law or under any legal theory (“Claims”) arising directly or indirectly from KLIMCHI’s exercise of its rights under these Terms of Use and the use and exploitation of any Submission, and whether resulting in whole or in part by the negligence of KLIMCHI or any other person and you covenant not to make or bring any such Claim against KLIMCHI or our parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, and forever release and discharge all such parties from liability under such Claims. This section will survive termination of this Agreement for any reason.

Depending on how you upload your photos to the gallery, it may provide you with the ability to interact with social media services. These features may enable integration and/or access to your social media services, your profiles on those services or establish rules about how your personal information on those services will be used. You and the social media providers are in control of those issues, not KLIMCHI. Please read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features. We are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.