Terms & Conditions
TERMS OF USE AND PRIVACY POLICY Effective the 22nd day of September, 2019. TERMS OF USE By accessing, browsing or using All of our "owned" (“Websites”), or any page thereof, through direct or indirect means, or alternative methods (including telephone or email) in any manner, you accept and agree to be bound by these Terms of Use (“Agreement”). Kimmy Gerred ( “Owner”) reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. If at any time you choose not to accept these Terms of Use, do not use this Website. [Optional] Jurisdictional Statement This Website is controlled, operated and intended for use only in the United States of America. We do not represent that materials on this Website are appropriate or made available for use outside of the United States of America. Links to Other Sites This Website may contain links to other sites. If so, and if you choose to use the services provided by those third-party websites, you may be asked by those sites to provide certain personally identifiable information. Owner is not responsible for the privacy practices of those sites. Please be aware when you leave our site, and read the privacy policies of each and every website that you visit. This Agreement applies solely to this Website. Owner is not responsible for the contents of any linked site or any link contained in a linked site. Intellectual Property All material available on this Website is the property of Owner and is protected by international copyright and trademark laws. All rights are reserved to Owner. You may not modify, copy, reproduce, republish, upload, transmit, broadcast, sell or distribute in any way any material from this site without express written permission from Owner. You are permitted to use material from this Website for your own personal, private, non-commercial use only, provided you keep intact all copyright and other proprietary notices. 2 _Kimmy Gerred is a trademark of Owner. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners. [Optional – use if users generate content on Website] Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the service provider’s designated agent. Written notification must be submitted to the following designated agent: [Insert] Restrictions on Use You agree that you will not, and will not assist or enable others to use the Website: 1. to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person or entity, or otherwise interfere with use of the Website; 2. in violation of the Terms of Use or any applicable law; 3. to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, link to, or in any way exploit the Website or Website Content except as expressly authorized by Owner; 4. to mine, record or gather information about other users; Termination Owner may terminate or suspend your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. Disclaimers and Liability THE WEBSITE AND ALL WEBSITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. OWNER MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH AND/OR SOLD ON THE WEBSITE, AND. OWNER FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED WITH RESPECT THERETO, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 3 IN NO CASE SHALL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR OF ANY OF THE SERVICES OR PRODUCTS SOLD THEREON, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR SERVICE CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OWNER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Indemnity You agree to indemnify Owner and its agents and representatives from and against any and all liabilities, expenses (including attorneys' fees) and damages from any claim or demand made by any third-party due to or arising out of (i) your access or use of the Website or of the products and services sold thereon, (ii) your violation of the Terms of Use, or (iii) the infringement by you, or any third-party using your account, of any intellectual property or other right of any person or entity. Use of Website You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are able and competent to enter into the terms and conditions set forth in this Agreement. You must be at least thirteen (13) years of age to use this Website. If you are under 13 years of age, then please do not use this Website.
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