Welcome to Katie.gifts (the “Site”), operated by Katie Linendoll Productions, LLC and its successors, licensees and assigns (collectively, “Company”). By using the Site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this Site. Further, you may not use the Site if you are not eighteen (18) years of age or older. Company may revise and update these Terms and Conditions at any time and you agree to review the Terms and Conditions periodically to be aware of such changes. Your continued use of the Site will mean that you accept such changes.
Your Use of Content.
As between you and Company, all content contained on or accessed from the Site, including, without limitation, videos, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, images, applications, programs, computer code and/or any other materials and/or information (collectively, the "Content"), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is Company’s exclusive property and protected by copyright, trademark and/or other intellectual property and unfair competition laws. Company authorizes you to view the Content solely for your personal, non-commercial, informational purposes and solely in accordance with the terms hereof. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within any Content, and that you will abide by all such notices. You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or exploit, use, sell, rent or license to any third party, all or any part of the Content, except as otherwise expressly permitted under these Terms and Conditions. Any use of the Content not expressly permitted by these Terms and Conditions may constitute a breach hereof and may violate copyright, trademark, and/or other laws. All rights not expressly granted herein are reserved to Company.
Except to the extent expressly permitted under applicable law, you may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software and/or the Site without Company’s prior written permission. Unless expressly authorized by Company in writing, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for any purposes, including, without limitation for sending unsolicited or unauthorized material; or (iii) cause disruption to the workings of the Site or any other third-party’s use of the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site and/or to any Company server. You will not circumvent, disable or attempt to circumvent or disable any Site and/or Content security measures and/or any other related devices, warnings or firewalls. You may not use the Site to publish or distribute any information (including software or other content) which is illegal, misleading, defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, which violates or encourages anyone to violate these Terms and Conditions, any applicable law, rule and/or regulation, which violates or infringes upon the rights of any other person or entity and/or which is otherwise actionable at law. You may not, without the express written approval of Company in each instance, use the Site to publish or distribute any advertising, promotional material, and/or solicitation to other visitors of the Site. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services.
If you choose to use the Site, Company may collect both personal and non-personal information about you (collectively, “Information”). Non-personal Information (known as demographic information) is general information that will not identify you personally. This information may include, without limitation, your activity within the Site and/or geographic location. If you choose to submit your Personal Information (defined below), this demographic information may be associated with your Personal Information. Personal Information is information that identifies you and may be used to contact you, such as your name and email address. Company does not require you to submit Personal Information in order to access or use the Site, and will only collect such information if you choose to submit it.
All Information may be used for research and analytics purposes. Although Company may share the Information with Company’s third-party partners (including, without limitation, advertisers, sponsors, clients and/or research and/or analytics partners), Company will not provide Information to any third party in direct consideration of a fee, except as required in the event of a bankruptcy or reorganization. Notwithstanding the foregoing, Company may use the information in connection with marketing and solicitation, whether conducted on behalf of itself and/or third parties, and/or to send you news and updates.
Notwithstanding the foregoing, Company reserves the right to disclose any Information when Company believes in good faith that such disclosures: (a) are required by law, including, for example, to comply with a court order or subpoena or to cooperate in any law enforcement or public safety investigation; (b) will help protect your safety or security, including the safety and security of property that belongs to you; and/or (c) protect the safety and security of any of Company’s websites and/or any third party.
You acknowledge and agree that: (i) the provision of Information by you in no way imposes any obligation on Company, whether of use, response or otherwise, and Company shall not be liable for any lawful use or disclosure of any Information; and (ii) Company has the absolute right (but not the obligation) to review, alter, edit, refuse to use, and/or delete any Information, in whole or in part, for any reason or for no reason. You represent and warrant that all Information is accurate, truthful and does not violate any law, rule or regulation, and/or any right of any third party.
Company will use a secure database to store all Personal Information that you may provide. While Company implements these and other security measures in connection with the Site, please note that 100% security is not always possible.
You hereby waive any and all claims (including, without limitation, claims based upon copyright or trademark infringement, invasion of privacy, defamation, false light, or right of publicity) arising out of or in connection with any use of the Information.
The Site may link to third-party websites. While Company may from time to time highlight content, products and/or services featured on such third-party websites, Company has no control over, is not responsible for, and makes no representations and/or warranties whatsoever regarding such content, products and/or services. You understand that by visiting any third-party website linked to the Site you may be exposed to content, products and/or services that you may find offensive, indecent, defamatory or otherwise objectionable. Your use of any third-party website is at your own risk and subject to the terms and conditions of use for such website, as well as to the terms and conditions of any manufacturer and/or provider of any products and/or services featured on such website.
Please be advised that some sponsors and/or advertisers have paid a fee to be included, and/or to have certain products and/or services included, on the Site. Such advertisers and sponsors are responsible for ensuring that the material they submit for inclusion on the Site, if any, is accurate and complies with applicable law. Company is not responsible for the illegality of, any error and/or inaccuracy in, and/or any other problem and/or defect with, such material.
Without limiting the foregoing, Company will not, either directly or indirectly, be held responsible or in any way liable for: (i) the non-availability of any third-party website and/or third-party content, product and/or service; (ii) any content and/or materials, including, without limitation, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services and/or products available on and/or from any third-party websites; (iii) your participation, correspondence and/or business dealings with any third party found on and/or through such websites, including, without limitation, any payment and/or delivery of specific goods and/or services, and/or any other terms, conditions, representations and/or warranties associated with such dealings, which are solely between you and any such third party; and/or (iv) any damage and/or loss caused or alleged to be caused by or in connection with your interaction with any such third party, and/or your use of any third-party website, and/or any content, product and/or service featured on any such website.
Warranty Disclaimer/ Limitation of Liability.
THE USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK.
When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Company and/or its suppliers. Accordingly, Company assumes no liability for the non-availability of the Site and/or any delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Site.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE IS PROVIDED "AS IS", “WHERE IS” AND "AS AVAILABLE". NEITHER COMPANY, NOR ANY OF ITS AFFILIATES AND/OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, LICENSEES AND/OR ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”), ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE SITE INCLUDING, WITHOUT LIMITATION, ANY INFORMATION PROVIDED THEREIN. NOTHING HEREIN SHALL BE CONSTRUED AS A PROMISE, GUARANTEE AND/OR CLAIM BY ANY COMPANY PARTY REGARDING THE SITE AND YOUR USE THEREOF. NONE OF THE COMPANY PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE THAT HAPPENS OR IS ALLEGED TO HAVE HAPPENED, DIRECTLY OR INDIRECTLY, AS A RESULT OF YOUR USE OF THE SITE. NO COMPANY PARTY MAKES ANY GUARANTEE AS TO THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF THE SITE AND/OR ANY INFORMATION AND/OR MATERIALS APPEARING THEREON. NO COMPANY PARTY SHALL BE LIABLE FOR ANY ACTUAL OR ALLEGED LOSSES AND/OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM ANY CONTENT APPEARING ON THE SITE OR ANY ERRORS OR OMISSIONS ALLEGED TO ARISE FROM OR ARISING FROM THE USE OF OR YOUR RELIANCE ON ANY CONTENT. THE COMPANY PARTIES DISCLAIM: (I) ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE; AND (II) ALL OTHER WARRANTIES THAT ARE NOT EXPRESSLY GRANTED HEREIN.
IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION OR LOSS OF DATA, ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY INFORMATION OBTAINED FROM OR THROUGH THE SITE), UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT SHALL THE COMPANY PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE EXCEED ONE THOUSAND DOLLARS ($1,000).
THE LIMITATIONS ON THE LIABILITY OF ANY COMPANY PARTY TO YOU, AS SET FORTH IN THIS SECTION, SHALL APPLY WHETHER OR NOT ANY SUCH COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OR LIKELIHOOD OF ANY SUCH LOSSES OR DAMAGES OCCURING.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE INCLUDING WITHOUT LIMITATION YOUR USE THEREOF, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
You agree to indemnify, defend and hold harmless each of the Company Parties from any and all claims, demands, actions or damages of every kind and nature (whether actual, consequential, direct and/or indirect), including, without limitation, reasonable attorneys' fees and disbursements arising out of your: (i) breach or alleged breach of any provision of these Terms and Conditions; (ii) violation or alleged violation of any law, rule and/or regulation; and/or (iii) alleged or actual negligence or willful misconduct. You shall have the right and duty to assume the control of the defense thereof with counsel reasonably acceptable to each such Company Party; provided, however, that each such Company Party may take part in and/or to fully assume such defense, at its own expense in its sole discretion, after you assume the control thereof. You agree not to enter into any settlement that any of the Company Parties believes is adverse to its interests without receiving the prior written consent of each such party. In no event shall any Company Party be obligated to participate in any settlement that such party reasonably believes would have an adverse effect on such party’s business interests.
No Equitable Relief.
You acknowledge and agree that in the event of a breach of these Terms and Conditions by Company or any third party, your sole and exclusive remedy for such breach will be an action at law for damages (if any) and you irrevocably waive any right to enjoin or restrain the use of any Content and/or the Site, in whole or in part, or otherwise to seek and/or obtain equitable or injunctive relief in connection herewith.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Company by reason of these Terms and Conditions.
The provisions of these Terms and Conditions will survive termination or expiration to the extent necessary to carry out the intentions of Company. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver by Company of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without reference to New York’s conflict of laws principles. Any claim arising hereunder shall be prosecuted exclusively within the State and Federal courts situated in the State of New York, County of New York, and courts with appellate jurisdiction therefrom, and the parties agree and expressly consent to the jurisdiction of such courts for such purposes.
These Terms and Conditions constitute the entire agreement between you and Company with respect to the use of the Site and/or the Content.