LEGAL NOTICE – CONDITIONS OF USE
COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY PROTECTION
This Site as a whole, and all material on this Site, are protected by copyright, trademark, and other intellectual property rights, and are subject to protection by U.S. and/or international intellectual property laws, including, but not limited to, rights in the nature of patents, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any similar rights recognized under laws or international conventions in any country or jurisdiction in the world. These materials are exclusively owned by KingenSmith Productions (“KingenSmith”) or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, multimedia, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Site, as well as the software used in the design, development and functionality of this Site (collectively, “Content”).
All materials on this Web Site (the "Site"), and the Site itself, are subject to protection by U.S. and/or international intellectual property laws, including, but not limited to, rights in the nature of patents, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any similar rights recognized under laws or international conventions in any country or jurisdiction in the world. These materials are owned by KingenSmith, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Site, as well as the software used in the design and development of this Site (collectively, “Content”). The name and any logos, and icons, and all other KingenSmith-related marks depicted in this Site, whether registered or unregistered, are trademarks or service marks of KingenSmith. All rights are reserved worldwide.
The materials contained in this Site are displayed for informational and promotional purposes only. This Site is intended solely for private, personal, and non-commercial use. You may not download or copy materials in this Site. You may not reproduce, publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, any part of this Site, any of the materials in this Site, or any related software. Any other use of materials on this Site, including reproduction, modification, distribution or republication, without the prior express written permission of KingenSmith, is strictly prohibited.
You agree that any and all comments, messages, postings, data, suggestions, drawings, photos, creative ideas, designs, concepts, product suggestions and other items or materials (other than information related to purchase orders or any other personal data that you provide when you register with the Site) disclosed, submitted or offered to KingenSmith through or in connection with this Site ("Submissions"), including, but not limited to, survey responses, shall not be deemed to be confidential or proprietary to you and shall automatically become, and remain, KingenSmith's property. Any such disclosure, submission or offer of any Submission shall constitute an assignment to KingenSmith of all rights, title and interests, including all copyrights and other rights in the Submission. KingenSmith is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation (in any manner) for or in connection with the use or receipt of any Submission; or (iii) to respond to or acknowledge receipt of any Submission. You represent and warrant that no Submission by you will violate or infringe upon any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with or related to this Site, you acknowledge and agree that KingenSmith has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person or entity. KingenSmith cannot and does not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree not to upload, post, distribute or otherwise publish on this Site any material that (i) is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible and liable for the content of any Submission you make.
This Site may contain links to other web sites. KingenSmith is not responsible for, and shall not be held liable for, the availability of, or any content or material contained in, or obtained through, any such web sites. Any link to another web site, and reference to third-party information, products or services linked to this Site, is not, and should not be construed as, an express or implied endorsement, or taking of responsibility therefor, by KingenSmith. Any questions or comments relating to such other web sites should be addressed to the operator or operators of those sites. No linking to this Site is permitted without KingenSmith’s prior express written consent.
The KingenSmith products featured on this Site are representative of the KingenSmith collection. Not all KingenSmith products are shown on this Site. Not all KingenSmith products featured on this Site are available in the KingenSmith studio. The style, designs and colors of KingenSmith and other products shown in this Site may be changed without notice. We have made every effort to display accurately the color and texture of the products depicted on this Site. However, we cannot guarantee that the actual colors and textures displayed on your monitor or screen are accurate.
Material in this Site may contain inaccuracies or typographical errors. KingenSmith shall not be liable or responsible for any inaccuracy or error, or loss or damage caused by or arising from the use of or reliance upon any information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.
This Site and the contents of this Site are provided on an "as is" and “as available” basis without warranties of any kind, either express or implied. You expressly acknowledge and agree that KingenSmith does not make any representation, warranty or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Site or any content, including, without limitation, warranties of title or freedom from malicious programs (such as viruses, worms or trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to this Site or its contents and expressly disclaims any representations and warranties. KingenSmith does not represent, warrant or guaranty that this Site is free of defects or that any defects will be remedied. You agree, by using this Site, that your use of this Site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this Site, and that KingenSmith shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this Site. In cases where applicable law does not permit the exclusion of implied warranties, some or possibly all of the foregoing disclaimers of warranty may not apply to you. No oral or written information or advice given by KingenSmith, or any of its sales associates and representatives, which is not expressly set forth herein shall create a warranty or in any way increase the scope of any warranty.
LIMITATION OF LIABILITY
In no event shall KingenSmith be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, even if KingenSmith has been previously advised of the possibility of such damages, whether in an action under contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products or materials on this site. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you.
KingenSmith shall be under no liability for any delay or failure to perform any obligation specified in these Terms if the same is wholly or partially caused by circumstances beyond KingenSmith’s reasonable control.
You agree to defend, indemnify and hold harmless KingenSmith and its respective officers, directors, employees, agents, representatives and shareholders and owners from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this Site.
REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant that (a) you have the power and authority to enter into these Terms; (b) you are at least eighteen (18) years old; and (c) your use of this Site will comply with these Terms.
ACCESSING OUR SITE
Certain parts or features of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Site. You agree that you will not provide any false personal information to the Site, or create an account for anyone other than yourself without permission. You will also not create more than one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as if a trademark owner complains about a username). If you register with the Site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. KingenSmith may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission. You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or any other material which is malicious or technologically harmful.