LEGAL
DISCLAIMERS AND NOTICES
By accessing, viewing or otherwise using this Web
site you are agreeing to the following.
Please read these disclaimers and notices carefully:
1. The
www.creationsbykage.com Web site is
owned by and under the control of Creations by Kage LLC ("Kage"). Access to and use of this Web site and
all of Kage's content, services, materials, information, databases and systems
are subject to these Disclaimers and Notices, any Agreements and applicable
laws and regulations (including all export and import laws, regulations and
restrictions), all of which are subject to change and revision from time to
time without prior notice. From
time to time, Kage may (a) supplement or make changes to these Disclaimers and
Notices and other rules or access and use procedures, documentation, security
procedures and standards for equipment, (b) change the type and location of Kage�s
system equipment, facilities or software, or (c) modify or withdraw any particular
service or product referred to in this Web site or any Kage database, material,
service or system. Kage reserves
the right to terminate access to this Web site or take other actions it
reasonably believes necessary to comply with the law or to protect its rights,
members or customers. Any access
or attempt to access or use this Web site for any unauthorized or illegal
purpose is strictly prohibited.
2. This
Web site is provided without
charge as a convenience to visitors to be used for the purposes of information,
education and communication. While Kage's information and advice
contained in this Web site have been prepared and compiled from sources
believed to be reliable, Kage makes no guarantee as to, and assumes no
responsibility for, the correctness, sufficiency or completeness of such
information, material or recommendations.
Kage does not represent or endorse the accuracy or reliability of any of
the information, content or advertisements contained on, distributed through,
or linked, downloaded or accessed from this Web site, nor the quality of any
products, information or other materials or services displayed, obtained or
purchased by you as a result of your use of this Web site or any Kage service,
database, materials or system. You
hereby acknowledge that any reliance upon any information or materials shall be
at your sole risk. Kage reserves
the right, in its sole discretion and without any obligation, to correct any
error or omissions in any portion of this Web site or any Kage service,
database, materials or system at any time, with or without notice to you.
3. Without
Kage's prior written consent, which consent may be given or withheld in Kage's
sole discretion, you may not: (a) resell, sublicense, rent, lease or otherwise
publicly distribute any Kage information, services or database, or any part or
parts thereof or information contained therein, or any access thereto; (b) use
your access to this Web site or Kage's information, services, database or
system to export or re-export technical data in violation of U.S. export
control laws and regulations; (c) use this Web site or any Kage information,
services, database or system which you access in violation of, or post any
information to any Kage owned or licensed database which violates, any federal
or state law, including data privacy laws and communication regulations and
tariffs, or which infringes the intellectual property rights or misuses
proprietary information of a third party or is made in furtherance of an
illegal or fraudulent scheme or activity; (d) copy or transfer any Kage
information, service, database or documentation, except as permitted by Kage;
or (e) modify, adapt, reverse engineer, decompile, disassemble, translate or
convert any portion of Kage's databases or system, or the selection,
coordination or arrangement of products or services in any Kage database.
4. Any
information, including but not limited to remarks, suggestions, ideas, graphics
or other submissions, communicated to Kage through this Web site is deemed
non-confidential and is the exclusive property of Kage. Kage is entitled to use any information
or ideas submitted for any purpose without restriction and without compensation
or acknowledgement of its source.
5. Except
as otherwise identified, the trademarks including names, logos, slogans and
service marks appearing at this Web site, whether registered or unregistered,
are the property of Kage or Kage's affiliates. Such marks are not to be copied, reproduced, published or in
any way used without the written permission of Kage or the identified owner of
the trademark. Except as otherwise
identified, the copyright in the content of this Web site is owned by Kage. No part of this Web site may be
published, stored or transmitted in any form or means without the express
written permission of Kage. You
may download content displayed on this Web site for non-commercial, personal
use only and must retain all copyright and other proprietary notices contained
in the content.
6. No
person may establish Hyperlinks either to this Web site or away from this Web
site without the prior written consent of an appropriate Kage officer, which
consent may be given or withheld in Kage's sole discretion. In its sole discretion, Kage reserves
the right to remove a Hyperlink to this Web site or away from this Web site at
any time and for any reason.
Contact Kage at kage@creationsbykage.com
to obtain this consent. All
Hyperlinks approved shall be to the home page of this Web site. Framing at this Web site is expressly
prohibited.
7. Kage
advises you to exercise discretion while browsing this Web site and the
Internet. In addition, Hyperlinks
on this Web site may direct you to sites containing information that some
people may find offensive or inappropriate. Such linked Web sites may not be under the control of Kage
and Kage does not make any representations concerning any such Web sites which
you may access via a Hyperlink from this Web site, and accordingly Kage is not
responsible for the accuracy, copyright compliance, legality, legitimacy or
decency of material contained in Web sites which may be accessible via a
Hyperlink to or from this Web site or for the Hyperlink itself. Kage is providing these Hyperlinks to
you only as a convenience and the inclusion of any Hyperlink on this Web site
is not and should not imply any endorsement by Kage of such linked Web
sites.
8. ALL
INFORMATION OR CONTENT ON OR OBTAINED THROUGH THIS WEB SITE ARE PROVIDED �AS
IS� AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES
RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR
INFRINGEMENT. KAGE DOES NOT
WARRANT THAT ANY INFORMATION, CONTENT OR OTHER MATERIAL WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF ANY KAGE SERVICE, DATABASE, MATERIAL OR
OTHER PRODUCT OR ANY THIRD PARTY SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH
OR THROUGH OR PROVIDED BY KAGE, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR
ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, SERVICES, SYSTEMS,
DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL KAGE HAVE ANY LIABILITY TO YOU (INCLUDING
LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR
DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL
CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF
THIS WEB SITE, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
9. YOU
ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR
SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS
WEB SITE, ANY KAGE INFORMATION, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART
THEREOF. YOU ALSO ACKNOWLEDGE THAT
ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND
BREAK-INS AND THAT WHILE KAGE WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO
ATTEMPT TO PREVENT SUCH OCCURRENCES, KAGE DOES NOT GUARANTEE THAT SUCH EVENTS
WILL NOT TAKE PLACE. YOUR
INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY
INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION,
AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT
INFORMATION, ORDERS AND AGREEMENTS.
IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE
COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE
RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND
CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING KAGE'S WEB
SITE, INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL.
10. YOU ALSO
ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY POSTING MADE BY OR FOR YOU TO THIS
WEB SITE OR ANY KAGE INFORMATION, SERVICE, SYSTEM OR DATABASE DOES NOT CONTAIN
ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE,
ERASE, IMPAIR OR OTHERWISE DAMAGE THE
SITE OR ANY SYSTEM, SOFTWARE OR DATA OF OR ANY OTHER USER OF THE KAGE INFORMATION, SERVICES,
DATABASES, MATERIALS OR SYSTEM.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD KAGE AND ITS EMPLOYEES, OFFICERS,
AGENTS, REPRESENTATIVES, LICENSORS AND SUPPLIERS HARMLESS FROM ANY LIABILITY,
CLAIM, COST OR DAMAGE ARISING OUT OF ANY CLAIM OR SUIT BY ANY SUCH USER CAUSED
BY SUCH VIRUS OR CODE OR SUBROUTINE.
11. NEITHER
KAGE NOR ITS EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS
SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS,
REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES,
DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF
THIS WEB SITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEB SITE, OR ANY KAGE INFORMATION,
CONTENT OR OTHER MATERIAL OR SOFTWARE USED THEREWITH, THE USE OR FAILURE,
NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY INFORMATION, CONTENT, OR SERVICE
PROVIDED BY KAGE THROUGH THIS WEB SITE, ANY INFORMATION PROVIDED IN THE KAGE SYSTEM
OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THIS WEB SITE, WHETHER SUCH CLAIM
IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS
NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER THEORY OF RELIEF, OR WHETHER
OR NOT KAGE IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
12. If any
part or parts of these Disclaimers and Notices are held to be invalid, the
remaining parts will continue to be valid and enforceable. Nothing in these Disclaimers and
Notices affects any statutory rights of consumers that cannot be waived or
limited by contract. The use by
you of this Web site, the Kage information, content, services or other
materials, and any and all other matters between Kage and you related hereto,
shall be governed by applicable United States federal law and the laws of the
State of Illinois, excluding its conflict-of-laws rules. You hereby agree to waive any right to
a jury trial in any suit arising out of or relating to this Web site or any Kage
information, content, service or other product. Any suit or proceeding arising out of or relating hereto
must be commenced within one year from the date the right, claim, demand or
cause of action being asserted first came into being. Venue for all disputes arising out of or relating to this
Agreement shall be in the state and federal courts situated in Chicago,
Illinois.
13. You
agree to comply with all applicable export laws, regulations and
restrictions. Information Kage
places on or makes available through this Web site may contain references or
cross references to Kage or third party products, programs and services that
are not announced or available in your country. Such references do not imply that either Kage or such third
party intends to announce or make available such products, programs or services
in your country. Consult Kage or
the applicable third party for information regarding any such products,
programs or services. This Web
site may contain other proprietary notices and copyright information, the terms
of which must be observed and followed.
Any rights not expressly granted herein are reserved.
14. Any
software which is downloaded from this Web site or other Kage system or service
for or on behalf of the United States of America, its agencies and/or
instrumentalities ("U.S. Government"), is provided with Restricted
Rights. Use, duplication or
disclosure by the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as
applicable.
15.
If the user has any
questions regarding this Web site or its contents, or these Disclaimers and
Notices, contact Kage at kage@creationsbykage.com.
�
2006 Creations by Kage LLC. All
Rights Reserved.
PRIVACY
POLICY
This Web site is the responsibility of Creations by Kage LLC. (�Kage�). Kage can be contacted by mail at [Street address], by phone at 917 822-8028 or by e-mail at kage@creationsbykage.com. The Web server on which this Web site is housed is owned and maintained by . The following policies apply to www.creationsbykage.com.
1. Collection of Personal Information from Site Visitors
Kage automatically collects and/or tracks (1) the home
server domain names, e-mail addresses, type of client computer, and type of Web
browser of visitors to Kage's Web site, (2) the e-mail addresses of visitors
that communicate with Kage via e-mail, (3) information that you voluntarily
provide such as your name, address, phone number, place of birth, date of
birth, nationality, gender, educational and work experience, and e-mail address
and (4) user-specific information
on what pages visitors access.
Kage does not place Internet cookies on visitors' hard
drives. Internet cookies save the
visitor's name, password, user-name, shopping cart, stock portfolio, screen
preferences, the pages of the Web site viewed by the visitor, and the
advertisements viewed or clicked by the visitor. Internet cookies are stored on the visitor's hard drive and
are not stored, in any form, by Kage.
Visitors may decline the Internet cookie by using the appropriate
feature of their Web client software, if available.
2. Use of Personal Data Collected
Personal data collected by Kage may be used by Kage
for editorial and feedback purposes, for marketing and promotional purposes,
for a statistical analysis of users' behavior, for product development, for
content improvement, to inform advertisers as to how many visitors have seen or
clicked on their advertisements, and to customize content and layout of Kage's
site. Kage may use the information you provide about
yourself to fulfill your requests for our products, programs, and services, to
respond to your inquiries about our offerings, to offer you other products,
programs or services that we believe may be of interest to you. Data on visitors' home
servers is aggregated for internal review and then discarded. Names, postal and e-mail addresses, and
phone numbers collected may be added to Kage's databases and used for future
calls and mailings regarding site updates, new products and services or
upcoming events.
3. Disclosure of Personal Data to Third Parties
Kage will not obtain visitor's consent before posting
collected data on Kage's Web site, or sharing or otherwise disclosing data to
third parties. Kage will only disclose
to third parties only information knowingly and voluntarily disclosed by
visitors. Kage may use or disclose the information you provide
about yourself to our contractors, agents and suppliers to fulfill your
requests for our products, programs, and services or in connection with the
operation of this site. We may
disclose personally identifiable information in response to legal process, for
example, in response to a court order or a subpoena. We also may disclose such information in response to a law
enforcement agency's request.
4. Opt-Out Page
Visitors may opt out of having their personal
information collected by Kage, used by Kage for secondary purposes, disclosed
to third parties or used by Kage or third parties to send promotional
correspondences to the visitor, by contacting Kage.
5. Access to and Ability to Correct Personal Data
Upon request via postal mail, e-mail, or phone, Kage
will provide to visitors a summary of any personal information retained by Kage
regarding the visitor. Visitors
may modify, correct, change, or update their personal record or cause their
personal record to be removed from Kage's database. Kage will only send
personal records to the e-mail address on file for the visitor name associated
with it.
6. Collection of Personal Data from Children
Kage�s Web site is not intended for or marketed to
persons under the age of 18. Kage does not collect or post information from
children under the age of 13 (�children�). In the event that Kage did collect or post information from
children, it would not do so without their parent's or guardian's consent. Kage
does not and will not provide any personally identifying information collected
from children, regardless of its source, to any third party for any purpose
whatsoever. In the event a child
submits information to Kage's Web site, the child's parent or guardian will
receive an e-mail alerting them to the child's registration and providing
instructions on how the parent could delete the child's registration, if so
desired. Children are not allowed
to participate in contests. No
information collected from children is used for any marketing or promotional
purposes whatsoever, either inside or outside Kage. Kage encourages parents and guardians to spend time online
with their children.
7. Kage's Right to Contact
User
Kage reserves
the right to contact site visitors regarding privacy policy, or any other
policies or agreements relevant to site visitors.
8. Kage's Right to Change
Privacy Policy
Kage reserves the right to change this policy at any
time by notifying visitors of the existence and location of the new or revised
privacy policy.