Terms & Conditions

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PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT LIMITATIONS ON YOUR RIGHTS, MANDATORY ARBITRATION PROVISIONS, AND WAIVERS OF CLASS ACTION RIGHTS.

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1. ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "Member," or "Customer") and K.O.S. BRAND NYC LLC

("Company," "we," "us," or "our"). By accessing our website, purchasing our products, utilizing the mobile game, or obtaining a Membership (Founders, Regents, or Monarchs), you agree to be bound by these Terms. If you do not agree, you are strictly prohibited from using our services.

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2. NATURE OF THE MEMBERSHIP & COMPANY STRUCTURE

This section establishes the legal barrier between Company Ownership and Customer Membership.

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2.1. Contractual Service Agreement:

The K.O.S. Membership (including Founders, Regents, and Monarchs) is solely a contractual service agreement. The purchase of a membership or payment of the $100 annual fee constitutes a "License to Access" perks and specific services. It does not grant the purchaser any "Units," "Voting Capital," equity, profit-sharing, or ownership interest in K.O.S. BRAND NYC LLC.

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2.2. No Management or Voting Rights:

Members of the brand ecosystem are strictly Nonvoting.

• Management: The Company is managed exclusively by the Manager and Voting Members (Meddin Wallace and family).

• Control: Customers/Members have no right to vote on company matters, financial distributions, operational strategy, or brand direction.

• Consultative Input: Any participation in "Design Votes" or "Style Polls" is strictly for community engagement purposes. These are consultative only and do not constitute a "Member Vote" as defined by the LLC Operating Agreement. The Company reserves the right to disregard poll results at its sole discretion.

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3. ROYAL CREDIT (RC) POLICY

Royal Credits are a promotional tool, not a currency.

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3.1. No Cash Value:

Royal Credits (RC) are digital rewards. They have zero cash value, are not legal tender, and are not redeemable for currency, checks, or bank transfers under any circumstances.

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3.2. Strict Usage Limits:

RC may only be used for:

• In-game upgrades within the mobile app.

• A limited discount on K.O.S. physical merchandise.

• Cap: Usage of RC for merchandise discounts is subject to a strict 30% cap per transaction. (e.g., You may not pay for more than 30% of a product’s price using RC).

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3.3. Forfeiture:

Upon termination, cancellation, or non-renewal of a Membership for any reason, all accrued RC will be immediately forfeited and permanently removed from the user's account. The Company owes no compensation for forfeited credits.

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4. INTELLECTUAL PROPERTY & CONFIDENTIALITY

We protect our assets aggressively.

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4.1. Exclusive Property:

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All content included in our ecosystem is the exclusive property of K.O.S. BRAND NYC LLC. This includes, but is not limited to:

• Brand aesthetics and logos.

• "Royal Credit" algorithms and logic.

• The shipping container store design and architectural layout.

• Mobile game mechanics and code.

• Product designs, text, graphics, and interfaces.

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4.2. Prohibition on Reverse Engineering:

Users are strictly prohibited from duplicating, copying, distributing, scraping, or reverse-engineering these systems for commercial use or competitive analysis. Any violation will result in immediate termination of account and legal action for damages.

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5. PRODUCT DETAILS, ORDERS, AND PAYMENT

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5.1. Product Accuracy (Colors/Sizes):

We attempt to display product colors and specifications as accurately as possible. However, we cannot guarantee that your monitor's display of any color will be accurate. All descriptions, images, references, features, content, specifications, products, and prices described or depicted are subject to change at any time without notice.

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5.2. Right to Refuse:

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We reserve the right to prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

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5.3. Payment & Taxes:

You agree to provide current, complete, and accurate purchase and account information for all purchases. You are responsible for all third-party fees and applicable taxes associated with your order.

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6. SHIPPING AND RISK OF LOSS

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6.1. FOB Origin:

All purchases of physical items are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We are not responsible for lost, stolen, or damaged packages once they have left our facility.

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6.2. Shipping Timelines:

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Shipping dates are estimates only and are not guaranteed. The Company is not liable for delays caused by carriers, weather, or supply chain disruptions.

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7. RETURNS AND REFUNDS

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7.1. Strict Return Policy:

 

Returns are accepted only at the Company’s sole discretion. To be eligible for a return, your item must be unused, in the same condition that you received it, and in the original packaging.

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Final Sale: Certain items (including limited drops or items purchased with RC discounts) may be marked as "Final Sale" and are non-refundable.

 

7.2. Refunds:

 

If a refund is approved, it will be processed to the original method of payment. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

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8. USER CONDUCT

You agree not to:

• Use our products for any illegal or unauthorized purpose.

• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our staff or other members.

• Interfere with or circumvent the security features of the Service (including the mobile game).

• Upload viruses or malicious code.

 

9. LIMITATION OF LIABILITY

READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.

 

9.1. "As Is" and "As Available":

The service and all products are delivered to you "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

9.2. Liability Cap:

In no case shall K.O.S. BRAND NYC LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

expressly, the Company’s liability to any Customer Member is strictly limited to the amount of the membership fee paid for the current term (or the specific purchase price of the product in dispute).

 

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless K.O.S. BRAND NYC LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

 

11. GOVERNING LAW & DISPUTE RESOLUTION

 

11.1. Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

 

11.2. Binding Arbitration:

Any dispute arising from these Terms or your relationship with the Company shall be resolved through binding arbitration in New York City, New York. You waive your right to go to court to assert or defend your rights.

 

11.3. Class Action Waiver:

You agree that you may only bring claims against the Company in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

 

12. CHANGES TO TERMS

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

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