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 firstname.lastname@example.org.
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.
All contents of this Web Site are either copyright (c) Ken & Dana Design or are licensed for use by us. All rights reserved.
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.
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 email@example.com.
You agree that we may terminate your access to and use of the our Site if we reasonably believe 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.
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.