|
 |
|
| » Light Switch Plates |
| » Oversized, Large Wall Plates |
| » Decorative Switchplates |
| » Electrical Devices, Switches |
| » Night Lights |
| » Christmas Ornaments |
| » Refrigerator Magnets |
|
|
| » Business Card Holders |
| » ID Badge Holders, Lanyards |
| » Office Gifts, Desk Sets |
|
|
| » Bookmarks for Books |
| » Cigarette Cases, Metal Wallets |
| » Compacts, Travel Cases |
| » Glasses Holders, Lens Cases |
| » Flasks, Engraved Sets |
| » Handbag Holders, Purse Hooks |
| » Jewelry, Hair Barrettes |
| » Money Clips, Key Chains |
| » Pill Boxes, Vitamin Cases |
| » Wood Jewelry Boxes |
|
|
| » Animals, Pets, Fantasy |
| » Art, Music |
| » Flowers, Food, Nature |
| » Letters, Greeks, Monograms |
| » Numbers |
| » Occasions |
| » Professions, Careers |
| » Recipients |
| » Sports, Hobbies |
| » Symbols, Religion |
| » Gifts For Guys, Men |
| » Gift Ideas For Her, Women |
| » Personalized Engraved Gifts |
| » Corporate Business Gifts |
| » Gifts Under $20 - $25 - $50 |
| » Wholesale Craft Supplies |
| » Sale Gifts - Clearance Items |
|
|
| » Articles |
| » Holiday Calendar 2009 |
| » Holiday Calendar 2010 |
| » Holiday Calendar 2011 |
| » Holiday Calendar 2012 |
| » Quotes For Engraving |
|
|
Home
»
Site Resources
»
Terms and Conditions
|
Terms and Conditions
Welcome to Kyle Design. Please review the following terms and conditions (the “Agreement”) that govern your use of and purchase of items from our site www.kyledesigns.com (the “Site”). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms, as well as your agreement with our Privacy Policy.
Intellectual Property
All materials on this Site, including designs, logos, photographs, text and graphics (the “Contents”), are protected by United States and international copyright laws. Kyle® is a registered trademark of Kyle Design. Any other trademarks that appear on this Site are the property of their respective owners. Our Site and its Contents are provided for personal, noncommercial use only by the users of our Site. The reproduction, publication, distribution, transmission or modification of our Site and its Contents is strictly prohibited.
Compliance With Laws
You are responsible for compliance with all applicable laws. You will use the Site only for lawful purposes and in compliance with all applicable state, federal, or international laws, regulations, or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. You will not upload any file containing malware or that infringes the intellectual property or other rights of any third party. Nor will you order any personalized products that infringe the intellectual property or other rights of any third party (see Information about Products, below).
Information About Products
While we try to provide color representations as accurately as possible, colors depend upon your monitor’s settings and are likely to vary. Furthermore, the colors of our items may vary per batch, lot or availability of materials.
Where “non-tarnish finish” is indicated, the product will not tarnish with normal use under normal conditions.
Because we are creating personalized products at your request, it is your responsibility to ensure that the letters, words or other information or designs placed on a product at your request do not infringe the rights of others, including but not limited to copyright, trademark and trade dress. Therefore, by placing an order for a personalized product, you are representing and warranting that the letters, words, information and/or designs provided by you do not infringe the copyright, trademark, trade dress or any other right of any third party. Please note that many combinations of Greek letters are the trademarks of fraternities, sororities and other organizations.
Disclaimer
This Site and all of its Contents are provided on as “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title, implied warranties of merchantability, noninfringement or fitness for a particular purpose. You acknowledge, by use of the Site, that use of it is at your sole risk and that you assume full responsibility for any and all costs arising from use of the Site and our products, including but not limited to repairs or service costs. Some jurisdictions do not allow for the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable in such jurisdictions.
Limitation of Liability
Kyle Design shall not be liable for any damages whatsoever, and in particular, Kyle Design shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this Site, the information contained in it, or the products sold through it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Kyle Design has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages; therefore, the above-referenced exclusion is inapplicable in such jurisdictions.
Modifications
We reserve the right to modify, change, or update this Agreement at any time, without prior notice. Modifications will become effective immediately upon posting. Your continued use of the Site after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Jurisdiction and Venue
This Agreement shall be construed according to the laws of the State of California, without regard to any conflict of law provisions. Any disputes arising under this Agreement shall be resolved according to the laws of, and in the state and federal courts of, the State of California, USA. Venue shall be proper only in the County of Alameda, State of California.
Site Not Intended for Use by Children under 13
By using this Site, you acknowledge that you are 13 years of age or older. This Site is intended for use only by those 13 years of age or older. If you are younger than 13, you should not use this Site.
Indemnification
You agree to indemnify and hold Kyle Design, its affiliates, owners, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs at arbitration, on trial or on appeal, in addition to all other sums provided by law, arising out of your use of the Site or products purchased through the Site, your breach or alleged breach of this Agreement, or your violation or alleged violation of any right of any third party (including but not limited to intellectual property infringement claims).
Other Terms
If any provision of this Agreement is judicially declared to be invalid, unenforceable, or void by a court of competent jurisdiction, such decision shall not have the effect of invalidating or voiding the remainder of this Agreement, and the part(s) of this Agreement so held to be invalid, unenforceable or void shall be deemed stricken, and the Agreement will be reformed to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of this Agreement shall have the same force and effect as if such part or parts had never been included.
The failure of either party to insist upon strict compliance by the other party with any of the terms of this Agreement shall not constitute a waiver of future violations of the same or any other term.
In the event that any action, suit or legal proceeding is initiated or brought to enforce any or all of the provisions of this Agreement, the prevailing party shall be entitled to such attorneys’ fees, costs and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing party shall be entitled to such attorneys’ fees, costs and disbursements as are deemed reasonable and proper by the appellate court(s).
|
|
|
|
