WEBSITE TERMS OF USE
Please read these terms
carefully, because the use of all pages hosted at kenanddanadesign.com,
including our shop ("Site") is subject to the following Terms of Use
("Terms"). From time to time, we, ken + dana design | 231 w29th street
NYC 10001, may revise these Terms, so please review them regularly. By using
the Site, you assent and agree to these Terms. If you do not agree, please do
not use our Site.
Use of Materials on this Web Site
We have created this Site
to inform you about us and our products. This Site is for your personal,
non-commercial use. You may download or print a copy of any material on this
Site for your own non-commercial, educational, private or domestic use. However,
you must leave all proprietary notices, in particular intellectual property
notices like copyright ©, trademarkTM, intact and do not modify,
delete or change them. Everything you see or read on the Site, including
images, photographs, any person represented in the designs, photographs,
illustrations, icons, texts, video clips, written and other materials
("Material") is protected by applicable copyright, designs, trademark
and other intellectual property legislation, nationally and internationally. Unauthorized use of our Material
may infringe copyright and trademark laws, as well as other applicable laws and
statutes.
We care about our Site and
Material - do not sell, reproduce, distribute, modify, display, publicly
perform, report or otherwise prepare derivative or second hand works based on
or use any Material in any way for any public or commercial purposes. We are
excited about press, links, and any attention our products and our site
garners. If you wish to use our Material, contact us at info@kenanddanadesign.com.
Your permission to use the
Material will automatically terminate and any copies made of the Material must
be immediately destroyed if you breach any of these Terms. Unauthorized use of
our Material may infringe copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes.
Copyright Notice
All contents of this Web
Site are either copyright (c) ken + dana design or are licensed for use by us.
All rights reserved.
Users' Submissions
We are excited to receive pictures, emails, comments and other correspondence. Please note that we will
treat any unsolicited communication or material you transmit to us via the
Site, by email or otherwise, including, but not limited to, any data, questions
or answers, comments, suggestions ("Communication"), or the like as
non-confidential and non-proprietary. We will obviously treat your private data
for orders and product inquiries confidentially.
You automatically grant us
a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to
use, reproduce, modify, publish, edit, translate, distribute, perform, and
display these Communication(s) alone, or as a part of other works in any form,
media, or technology whether now known of hereafter developed and you allow us
to sublicense all of these rights to anyone. You allow us, our partners and
other third parties affiliated with us to use anything you transmit to us for
any purpose. This includes, but is not limited to reproduction, disclosure,
transmission, publication, broadcast and posting, or developing, manufacturing
and marketing products using such information.
Disclaimer
We do our best to ensure
that the information we provide on the Site is accurate and complete. However,
we do not warrant or represent that our Material is accurate, error-free or
reliable or that any use of our Material will not infringe rights of third
parties. The use of the Site is at your own risk. We do not warrant that the
functional and/or technical aspects of the Site or our Material will be error
free or that this Site, the Material or the server that makes it available are
free of viruses or other harmful components. We are not responsible for the
costs you may incur if your use of this Site or Material results in the need
for servicing or replacing property, material, equipment or data. Without
limiting the foregoing, everything on the Site is provided to Users "AS
IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Please note that some
jurisdictions may not allow the exclusion of implied warranties, consequently
some of the above exclusions may not apply.
Links & Linking
We may link to other web
sites operated by third parties not affiliated with us. While we like our
partners and friends, a link does not imply our endorsement of those sites. We
have not reviewed all of the sites linked to our Site and we are not
responsible for the content or accuracy of any off-site pages or any other
sites linking to our Site. Please note that linking to any other off-site pages
or third sites is at your own risk. If you wish to link to us, please contact
us at info@kenanddanadesign.com.
Termination
You agree that we may
terminate your access to and use of the our Site if we reasonably believes that
you have violated or acted inconsistently with the letter or spirit of this
Agreement, or violated any of our rights. You agree that we may modify or
discontinue this Site, with or without notice to you and that we will not be
liable to you or any third party as a result of such modification or
discontinuation. The provisions entitled "Disclaimer," "Limitation
of Liability," and "General Provisions" will survive termination
of these Terms.
Limitation of Liability
Under no circumstances
whatsoever shall we be liable for any loss arising out of or in connection with
the use of information available from this Site whether direct or indirect
including, without limitation, any liability relating to any loss of use,
interruption of business, lost profits or lost data, or incidental, special or
consequential damages of any kind regardless of the form of action, whether in
contract, tort (including negligence) or otherwise, even if you we have been
advised of the possibility of such damages. Because some states and countries
do not allow the exclusion or limitation of liability for consequential or
incidental damages, the above limitation may not be operable.
General Provisions
Unless otherwise specified,
the information and materials in the Site are presented solely for the purpose
of promoting our products and services and allowing to present our products for
sale. We make no representation that our Material is appropriate or available
for use in every country of the world. You use this Site at your own risk and
you are responsible for compliance with applicable local laws. Please keep in
mind that access to our Material may not be legal by certain persons or in
certain countries. We endeavor to ship our products to many parts of the world.
However, not all of our products are available worldwide. If you would like to
purchase our products outside of the United States, please contact us by email.
Any cause of action you may have with respect to this Site must be commenced
within two years after the claim or cause of action arises.
Applicable law and Jurisdiction
The Conditions of Sale
shall be governed by and construed in accordance with the laws of the State of
New York, without reference to conflict of laws provisions. Any dispute,
controversy or claim arising out of or in relation to the Conditions of Sale,
including the validity, invalidity, breach or termination thereof, shall be
adjudicated or arbitrated in the State and County of New York. Our waiver of a
breach of any provision of these Terms will not operate to be interpreted as a
waiver of any other or subsequent breach.
