Terms & Conditions
LAST UPDATED: December 26, 2015
We reserve the right to change these Terms from time to time without notice to you, and any such changes will be effective upon publication on the Site.
1. Our Proprietary Rights. Except for your Submitted Materials (as defined in Section 5 below), we and our licensors own, solely and exclusively, all rights, title and interest (including, without limitation, copyrights) in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Sites, and the compilation and organization of the Site Content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to any Site Content or any other part of the Site, nor does it grant you any license to use or display the same except as expressly permitted herein.
2. Limited License. Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited license to access, view, use, and display the Sites and Site Content on your computer or other device, provided that you comply fully with these Terms. The Sites and Site Content are for your personal, educational and non-commercial use only. No part of the Sites or Site Content (or any of our products advertised or sold on the Sites) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under law.
3. Trademarks. The trademarks, logos, service marks and trade names displayed on the Sites or as part of the Site Content (including, without limitation, KGEK Design, KGEK, KGEK Jewlery, etc.) are registered and unregistered trademarks of the COMPANY and other persons (collectively, the “Trademarks”), and may not be used unless expressly authorized by the applicable Trademark owner. Nothing contained on the Sites should be construed as granting, expressly, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Sites or as part of the Site Content, without our written permission or that of the applicable third-party rights holder.
5. Submitted Materials. Unless specifically requested of us, we neither solicit nor wish to receive any confidential, secret or proprietary information or other material from you. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, know-how, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques, comments, criticisms, reports, feedback or other materials submitted or transmitted through the Site in any manner, including, but not limited to, through the “Contact Us” section (collectively, “Submitted Materials”) will be deemed not to be confidential, secret or proprietary and may be used by us in any manner consistent with these Terms.
By submitting, uploading, posting or sending Submitted Materials to, on or through the Sites, you: (i) represent and warrant that either (A) your Submitted Materials are original to you and that no other party has any rights thereto, or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Sites for our use, in accordance with these Terms and with any purposes that may be described on the Sites, and that any “moral rights” in the Submitted Materials have been waived; and (ii) you grant to us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display, make, exploit, sell, export or incorporate such Submitted Materials (in whole or in part) in other works (including, without limitation, the Sites), products or services, in any form, media, or technology now known or later developed, and for any purpose. We are not responsible for maintaining, and may delete or destroy, any Submitted Material that you provide. You represent and warrant that your Submitted Materials comply with these Terms, and you agree to keep all necessary supporting documentation, and to make such records available to us upon our request.
6. Rules of Conduct. While accessing or using the Sites, the Site Content and the various other features available on the Sites (such as the Forums, as defined below), you warrant and agree that you shall not:
· violate any law, rule or regulation;
· violate the security of the Sites, or obtain or attempt to gain unauthorized access to the Sites, Site Content, computer systems or networks connected to any server associated with the Sites or the Site Content;
· impersonate any person or entity, whether actual or fictitious, including anyone from the Sites or the Company, or misrepresent your affiliation with any other person or entity;
· stalk, harass or harm another individual;
· insert your own or a third party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on any Site, or into any of your Submitted Materials that you may submit to any Forum or any other areas of the Sites;
· use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Sites or any Site Content for any commercial or promotional purposes (other than as expressly permitted in a signed writing by the provider of such information or other materials), or contact any other user of the Sites for commercial or promotional purposes, or offer to buy or sell any product or service through your activities on the Sites or in a Forum;
· alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
· engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
· use the Sites or their features in any manner that could interrupt, damage, disable, overburden or impair the Sites or such features, or interfere with any other party's use and enjoyment of the Sites, including, without limitation, sending a mass unsolicited message or unauthorized advertising or commercial communications, or “flooding” servers with requests;
· circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Sites or its services or any software on the Sites;
· create any links from the Sites (or include any links in your submissions to any Forum or any other part of a Site) directed to websites or content owned or maintained by third parties;
· frame or otherwise portray any third-party sites or content in any manner that would constitute or could be interpreted as an endorsement or sponsorship by us of any third-party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third-party sites;
· upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false (including statements or materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact), fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
· use the Sites or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
· upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
· use the Sites or their services (or any Site Content), in whole or in part, for any purpose that is prohibited by any applicable law or regulation, or to facilitate the violation of any applicable law or regulation.
7. Public Forums. The Sites may include certain features allowing users to communicate with each other or the general public (such as messaging services, chat services, bulletin boards, message boards, blogs and other similar forums, areas and services) (collectively, the “Forums”). These Terms apply to your use of the Forums. Given the open nature of the Internet, you should be careful and selective about the information you disclose in the Forums and on the Sites and, in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information.
8. Right to Monitor and Editorial Control. We may (but have no obligation to) monitor or review anything submitted to the Sites. We neither sponsor, endorse, control, nor bear responsibility for any such materials. However, we may disclose any information or materials as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or remove any such content, in whole or in part, which violate these Terms, our policies or applicable law, which in our sole discretion are objectionable. Using the Sites may expose you to content that may be offensive, indecent, or objectionable to you, and we are not liable for such content.
9. Indemnification. You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all damages, claims, liabilities, costs and expenses, including, but not limited to, reasonable attorneys' fees, arising from (i) your use of the Sites or the Site Content, (ii) any part of your Submitted Materials, or (iii) your breach or violation of any law, rule or regulation, or these Terms. The Company may, but is not obligated to, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree fully to cooperate with any such defense.
We reserve the right to refuse any order you place through the Sites. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. You are not permitted to resell any products or services purchased through any of the Sites for commercial purposes.
Product availability on the Sites is not guaranteed as products may be low in stock or out of stock when an order is completed. Products displayed on the Sites may not be available in certain stores, or vice versa. Prices for a product (including sales) may vary between the Sites and stores or between geographies. Prices displayed on kgekdesign.com are quoted in USD and are valid and effective only in the U.S.
11. Pricing and Other Errors. We have made every effort to display as accurately as possible the colors and features of our products on the Sites. However, the particular technical specifications, displays and settings of your electronic device could affect the accuracy of the display. We are not responsible if information made available on the Sites is not accurate, complete or current.
From time to time, information on the Sites might contain typographical or visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing or availability. It is your responsibility to monitor changes to the Sites. Any reliance on the information on the Sites is at your own risk. We may, but have no obligation to, correct any errors, inaccuracies or omissions, and to update or modify the Site Content without prior notice.
Prices and availability of products and services are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.
12. Linking to the Sites. You agree that: (a) if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the home page of the Site; (b) you are not permitted to link directly to any image hosted on the Sites, such as using an “in-line” or “deep linking” linking method, including to cause the image to be displayed on another website; and (c) you may not link from any other website to a Site in any manner such that it or any of its pages is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, in our sole discretion, insist that any link to a Site be discontinued, and we may revoke your right to link to the Sites. The framing, mirroring, scraping or data-mining of the Sites or any of the Site Content in any form and by any means is strictly prohibited.
13. Third-Party Websites. You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from the Sites to third-party websites, applications and services, and third-party websites may link to the Sites (“Linked Sites”). You acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by us. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences.
14. Promotions. The Sites may contain sweepstakes, contests or other promotions requiring you to send materials or information to us (and sometimes others). Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies and terms. It is your responsibility to read such rules, policies and terms to determine whether you can participate, register and comply therewith. By participating in a sweepstakes or contest through the Sites, you signify your agreement and acceptance of these Terms and any applicable sweepstakes or contest rules which we may provide.
15. DISCLAIMER OF WARRANTIES. THE SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, SITE CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE,” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE SITES, THE SERVICES, THE FORUMS, THE SITE CONTENT, OR THE FUNCTIONS THEREOF WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. THE COMPANY MAKES NO WARRANTY THAT THE SITES, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, OR THROUGH THE SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE SITES. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES. THE COMPANY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SITES CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE SITES, CREATION OF AN ACCOUNT, OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.
THIS CLAUSE DOES NOT APPLY TO THE SALE OF PRODUCTS AND/OR SERVICES SOLD TO CONSUMERS IN QUÉBEC: WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE COMPANY AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES, LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITES OR IN CORRESPONDENCE WITH THE COMPANY OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITES ARE PROVIDED BY THE COMPANY (OR ITS LICENSORS OR THIRD-PARTY PROVIDERS OR SUPPLIERS) “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE PRESCRIBED BY APPLICABLE LAW OR SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE COMPANY OR ITS LICENSOR OR SUPPLIER.
17. Jurisdictional Issues. The Sites are intended for users located in the United States of America. We generally control and operate the Sites from our offices in the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who access or use the Sites from other locations are responsible for compliance with any applicable local laws. Software from the Sites is further subject to United States export controls. No software from the Sites may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
18. Termination. We may terminate, change, suspend, restrict or discontinue any aspect of the Sites at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion, without notice or liability. These Terms will terminate commensurate with the discontinuance or termination of your Site use privileges. However, the Terms will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Sites and Site Content, and anything connected with, relating to or arising therefrom.
19. Miscellaneous. These Terms, as may be amended from time to time, including the terms and conditions of any other policies the Terms link or refer to, constitute the entire agreement between you and the Company with respect to the access to and use of the Sites and the content. These Terms and the relationship between you and us shall be governed by the laws of the United States and the State of Utah, without regard to its conflict of law provisions. Any cause of action arising under the Terms shall be commenced and be heard in the appropriate court in the State of Utah, County of Summit. You agree to submit to the personal and exclusive jurisdiction of the courts located within Summit County in the State of Utah. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. All provisions of these Terms that consist of or relate to notices, ownership of intellectual or other property, representations, warranties, limitations of liability, disclaimers, indemnification, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Sites or any Site Content, shall survive the revocation, expiration or termination, in whole or in part, of these Terms. We reserve all rights not expressly granted in these Terms. The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language.
20. We respect the intellectual property rights of others, and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:
· Your postal address, telephone number, and email address;
· A description of the copyrighted work that you claim has been infringed;
· A description of where the alleged infringing material is located;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
· A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.