Terms and Conditions
This Website Terms and Conditions of Use Agreement (“Agreement”) is between Kjaer Weis, LLC., a New York limited liability company with offices located at 64 Beaver St. #313 New York, NY 10004, (“Kjaer Weis,” “Us,” “Our” or “We”) and you (“User,” “You” or “Your”) and is a legal agreement between You and Kjaer Weis. This Agreement is effective as of the date you access the Kjaer Weis Website. This Agreement states the terms and conditions under which you may use the Kjaer Weis Website. Please read this Agreement carefully before accessing and using the Kjaer Weis Website. By using and accessing the Kjaer Website, You indicate that You have read and understand this Agreement and agree to be bound by this Agreement. If You do not accept this Agreement, you may not access and use the Kjaer Weis Website. Kjaer Weis may revise this Agreement at any time without notice by updating this Agreement. You should visit this web page periodically to review the Agreement.
B. In order to access some features of the Kjaer Weis Website, You will have to create an account. By creating an account, you represent and warrant that You have a bona fide interest in the purchase of the products being offered through the Kjaer Weis Website. Upon creation of an account, a user password will be forwarded to the email address You provided during registration. You may not use another’s account without permission. When creating an account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify Kjaer Weis immediately of any breach of security or unauthorized use of Your account. Kjaer Weis will not be liable for losses caused by any unauthorized use of Your account. However, You may be liable for the losses of Kjaer Weis or others due to such unauthorized use. Upon the creation of an account, You will receive email updates and information regarding the services and products of Kjaer Weis and its partners, affiliates or subsidiaries. You hereby grant Kjaer Weis the right to contact you by email, and via other means of communications in order for Kjaer Weis to provide You with such information.
D. The information on the Kjaer Weis Website does not constitute a binding offer to sell products described on the Kjaer Weis Website or to make such products available in Your area. Kjaer Weis reserves the right at any time after receipt of Your order to accept or decline Your order, or any portion thereof, in Kjaer Weis’ sole discretion, even after Your receipt of an order confirmation or after Your credit card has been charged. You may not purchase any item from the Kjaer Weis Website for resale by You or any other person, and You may not resell any item purchased from the Kjaer Weis Website. The prices displayed on the Kjaer Weis Website are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, Kjaer Weis has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, Kjaer Weis will issue a credit to your credit card account.
2. Unauthorized Use:
A. You shall not copy or download the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) or third party Content from the Kjaer Weis Website without the prior written consent of Kjaer Weis. You shall not modify, reverse engineer, reproduce, display, publicly perform or distribute, including (without limitation) by framing or similar means, the Kjaer Weis Website, Content or third party Content or use the Kjaer Weis Website, Content or third party Content for public or commercial purposes. You shall not use the Kjaer Weis Website, Content or third party Content on any other website. Notwithstanding the foregoing,
A. You may access Content or third party Content that constitute audiovisual work (“Kjaer Weis Videos”) solely:
for your information and personal use;
for Streaming (as defined in Section 7F below).
You agree that any Kjaer Weis Video that you are Streaming must be accompanied by the anchor text “Kjaer Weis Cosmetics” and that such anchor text must contain a link to Kjaer Weis’ home page (http:www.kjaerweis.com).
B. You may display certain Kjaer Weis images and text on your website or on third party websites provided such Kjaer Weis images and text are designated for such use by Kjaer Weis.
You agree that any such Kjaer Weis images and texts must be accompanied by the anchor text “Kjaer Weis Cosmetics” and that such anchor text must contain a link to Kjaer Weis’ home page (http:www.kjaerweis.com).
You agree to not engage in the use, copying, or distribution of any of the Content or third party Content other than as expressly permitted herein, including any use, copying, or distribution of any of the Content or third party Content (as that term is defined in Section 7(a) below) obtained through the Kjaer Weis Website for any commercial purposes.
B. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Kjaer Weis Website in a manner that sends bulk requests to the Kjaer Weis servers. Notwithstanding the foregoing, Kjaer Weis grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the Kjaer Weis Website, but not caches or archives of the Kjaer Weis Website. Kjaer Weis reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Kjaer Weis Website, nor to use the communication systems provided by the Kjaer Weis Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Kjaer Weis Website.
3. Ownership and Title:
Title to the Kjaer Weis Website and Content (excluding third party Content and User Submissions (as defined in Section 7 below)), including ownership rights to patents, copyrights, trademarks and trade secrets in connection with the Kjaer Weis Website shall be the exclusive property of Kjaer Weis.
4. Removal of Infringing Material/Copyright Agent:
A. Kjaer Weis does not permit infringement of intellectual property rights on the Kjaer Weis Website. Kjaer Weis will remove all Content, third party Content and User Submissions if properly notified that such Content, third party Content or User Submission infringes on another’s intellectual property rights. Kjaer Weis reserves the right to remove User Submissions without prior notice. Kjaer Weis will also terminate a user’s access to the Kjaer Weis Website if such user has been notified of infringing activity more than twice and/or has had a User Submission removed from the Kjaer Weis Website more than twice. Kjaer Weis also reserves the right to decide whether Content, third party Content or a User Submission is appropriate. Kjaer Weis may remove inappropriate User Submissions and/or terminate a User’s access for uploading inappropriate User Submissions without prior notice and at its sole discretion.
B. If You believe that any User Submission or other Content or third party Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or a representative list of such works if more than one work is at issue;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Kjaer Weis to locate the material;
(iv) Information reasonably sufficient to permit Kjaer Weis to contact You, such as an address, telephone number, and email address;
(v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Kjaer Weis’ designated Copyright Agent to receive notifications of claimed infringement is: Marcus Stephen Harris, 10 S. LaSalle Street, Suite 3500, Chicago, IL 60603 email: firstname.lastname@example.org, telephone: (312) 263-0570, fax: (312) 577-0928. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 4(B), your DMCA notice may not be valid.
Kjaer Weis shall retain all rights, title and ownership interests in the trademarks, trade names, service marks or trade dresses of Kjaer Weis (the “Kjaer Weis Marks”). Excepting the Kjaer Weis Marks, all other product and company names mentioned on the Kjaer Weis Website may be the trademarks of their respective owners. These companies may or may not be affiliated with, connected to, or sponsored by Kjaer Weis.
6. No Contest:
You acknowledge that the Kjaer Weis Website, Content and third party Content are protected under laws, including (without limitation) United States of America and international copyright laws and treaties. Except as otherwise provided for in this Agreement, you shall not contest or aid in contesting the ownership or validity of the copyrights, trademarks, service marks and trade secrets (as applicable) of Kjaer Weis in connection with the Kjaer Weis Website and Content or third party Content.
7. User Submissions:
A. The Kjaer Weis Website may now or in the future (at the sole discretion of Kjaer Weis) permit the submission of product reviews, videos, photos, audio content, text or other communications submitted by You and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. Any information posted or submitted by You on the Kjaer Weis Website shall be deemed non-confidential.
B. You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. You warrant and represent that: (i) You own or have the right, to use and authorize Kjaer Weis to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Kjaer Weis Website and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every individual person in the User Submission to use the name or likeness of each and every such individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Kjaer Weis Website and this Agreement.
C. By submitting User Submissions to Kjaer Weis, You grant to Kjaer Weis, its affiliates and related entities and their successors and assigns a worldwide, royalty-free, perpetual, irrevocable, non-exclusive sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works of the User Submissions in connection with the Kjaer Weis Website and Kjaer Weis’ business (and its successor’s business), including without limitation for promoting and redistributing part or all of the Kjaer Weis Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Kjaer Weis Website a non-exclusive license to access Your User Submissions through the Kjaer Weis Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the Kjaer Weis Website and under this Agreement.
D. In connection with User Submissions, You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant Kjaer Weis all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Kjaer Weis or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
E. Kjaer Weis is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, User Submissions.
F. You may access User Submissions solely:
for your information and personal use; and
“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Kjaer Weis Website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Submission for any purpose or in any manner other than Streaming is expressly prohibited. User Submissions are made available “as is.”
You agree that any User Submission that you are Streaming must be accompanied by the anchor text “Kjaer Weis” and that such anchor text must contain a link to Kjaer Weis’ home page.
You agree to not engage in the use, copying, or distribution of any of the Content or third party Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions obtained through the Kjaer Weis Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Kjaer Weis Website or features that prevent or restrict use or copying of any Content or third party Content or enforce limitations on use of the Kjaer Weis Website or the Content or third party Content therein.
You understand that when using the Kjaer Weis Website, you will be exposed to User Submissions from a variety of sources, and that Kjaer Weis is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Kjaer Weis with respect thereto, and agree to indemnify and hold Kjaer Weis, its suppliers, affiliates, subsidiares, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Kjaer Weis Website.
8. Express Warranties:
You acknowledge and agree that Kjaer Weis (including officers, employees, agents, directors and independent contractors of Kjaer Weis) has not made or granted to You any express warranties concerning the Kjaer Weis Website or Kjaer Weis products or services. Use and performance of Kjaer Weis products and services referenced on the Kjaer Weis Website are subject to Kjaer Weis’ terms and conditions concerning such products and services as made available by Kjaer Weis. You acknowledge that the Kjaer Weis Website does not constitute a grant of an express warranty concerning Kjaer Weis’ products and services and You waive any and all claims of warranty based on the Kjaer Weis Website.
9. WARRANTY LIMITATION:
The Kjaer website is provided “as is” without warranty of any kind. kjaer weis, to the fullest extent permitted by law, DISCLAIMS AND YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY and warranty of non-infringement of third party rights. Kjaer weis does not warrant and YOU waive any warranty that use of or access to the Kjaer Weis WebSite by you will be uninterrupted or error free. kjaer weis does not make any warranty and you waive any and all warranties as to the results obtained from use of the kjaer weis WebSite or as to the accuracy, completeness, timeliness or reliability of the kjaer weis WebSite. you acknowledge and agree that use of the Internet and the kjaer weis WebSite shall be at your sole and exclusive risk and subject to the restrictions, terms and conditions, rules, regulations, policies AND applicable laws governing the Internet and the kjaer weis WebSite.
You acknowledge that the Kjaer Weis Website may contain errors, inaccuracies and omissions and assume any and all risk of loss, harm or damage associated with access to and use of the Kjaer Weis Website.
11. Limitation of Liability:
neither Kjaer weis, its affiliates, subsidiaries or suppliers shall be liable for any lost profits or consequential, exemplary, incidental or punitive damages hereunder (including, without limitation, in connection with (i) use, performance or operation of the kjaer weis WebSite; (ii) use, performance or operation of the Internet or use of the Internet by you; and (iii) loss of data), regardless of the form of action, whether in contract or in tort, including negligence, regardless of whether kjaer weis has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable.
12. Limitation of Damages:
The liability of kjaer weis, its affiliates, subsidiaries or suppliers for any reason and for any cause of action whatsoever in connection with this Agreement and the kjaer weis WebSite, regardless of the form of action, whether in contract or in tort, including negligence, shall not exceed one hundred U.S. Dollars ($100). YOU AND KJAER WEIS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE KJAER WEIS WEBSITE OR THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to release, defend, indemnify and hold harmless Kjaer Weis (including its officers, directors, employees, affiliates, contractors and agents) against any expense, loss, cost or liability (including, without limitation, attorney fees) arising from any and all claims, demands, damages or actions resulting from or related to (i) use of the Kjaer Weis Website or the Internet by You (including, without limitation, any claims for breach of warranty, loss of data, libel, slander, invasion of privacy or false advertising); (ii) performance of the Kjaer Weis Website; (iii) User Submissions; (iv) Your negligence or acts (or any failure to act); or (v) any breach by You of Your obligations under this Agreement.
14. Export Assurance:
You agree not to perform any act in conflict with or in violation of the export laws and regulations of the United States of America.
You acknowledge that the Kjaer Weis Website contains links to third party websites which are provided solely as a convenience to You and do not constitute an endorsement by Kjaer Weis of such websites and the third party content found there.
16. Entire Agreement:
17. Amendments and Modifications:
If a provision of this Agreement is rendered invalid, the remaining provisions shall remain in full force and effect.
19. Governing Law:
The Kjaer Weis Website is based in New York, New York. This Agreement is governed by the laws of the State of New York, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction, and venue shall be New York , NY. If any material on the Kjaer Weis Website, or Your use of the Kjaer Weis Website, is contrary to the laws of the place where You are when You access it, the Kjaer Weis Website is not intended for You, and You may not use the Kjaer Weis Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
20. User Notice:
All notices shall be in writing. Notices to You shall be deemed delivered when delivered to You electronically, by commercial overnight delivery service, by Certified or Registered Mail – Return Receipt Requested – or by hand. Notices to User shall be deemed given on the date notice is delivered electronically or by hand to User or on the date of receipt by User (as evidenced in the case of Certified or Registered Mail by Return Receipt), whichever occurs first. Notices delivered to User electronically (including, without limitation, electronic mail) shall be deemed written notices.
21. Kjaer Weis Notice:
Notices to Kjaer Weis (excepting notices sent pursuant to Section 4(B) above) shall be deemed delivered when delivered by commercial overnight delivery service, Certified or Registered Mail – Return Receipt Requested – or by hand to the address set forth in the first paragraph of this Agreement for Kjaer Weis. Notices to Kjaer Weis shall be deemed given on the date notice is received by Kjaer Weis (as evidenced in the case of Certified or Registered Mail by Return Receipt).
22. Equitable Remedies:
You acknowledge and agree that damages at law will be an inadequate remedy to Kjaer Weis. In addition to other rights which may be available, Kjaer Weis shall have the right of specific performance, injunction or other equitable remedy in the event of a breach or threatened breach of this Agreement by You.
Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
24. Public Announcements:
All public announcements concerning the Kjaer Weis Website or the relationship of You and Kjaer Weis shall be subject to the prior written approval of Kjaer Weis.
25. Litigation Expense:
In the event of litigation or arbitration arising out of this Agreement, each party shall pay its own costs and expenses of litigation or arbitration.
This Agreement may be terminated by Kjaer Weis at any time without notice or cause. Any and all restrictions imposed upon You with respect to the Kjaer Weis Website and the contents of the Kjaer Weis Website and any and all disclaimers and limitations of liabilities set forth in this Agreement shall survive such termination.