Introduction
Welcome to Shannon Kay. This website is owned and operated by Shannon Freeman. By visiting our website and accessing the information,
resources, services, products, and tools we provide, you understand and
agree to accept and adhere to the following terms and conditions as
stated in this policy (hereafter referred to as 'User Agreement'), along
with the terms and conditions as stated in our Privacy Policy (please
refer to the Privacy Policy section below for more information).
This agreement is in effect as of Aug 12, 2013.
We reserve the right to change this User Agreement from time to time
without notice. You acknowledge and agree that it is your
responsibility to review this User Agreement periodically to familiarize
yourself with any modifications. Your continued use of this site after
such modifications will constitute acknowledgment and agreement of the
modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources,
services, products, and tools we provide for you, either directly or
indirectly (hereafter referred to as 'Resources'), you agree to use
these Resources only for the purposes intended as permitted by (a) the
terms of this User Agreement, and (b) applicable laws, regulations and
generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide
certain information about yourself (such as identification, contact
details, etc.) as part of the registration process, or as part of your
ability to use the Resources. You agree that any information you
provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any
login information associated with any account you use to access our
Resources. Accordingly, you are responsible for all activities that
occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any
means other than through the means we provide, is strictly prohibited.
You specifically agree not to access (or attempt to access) any of our
Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our
Resources, including the servers and/or networks to which our Resources
are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages
that we may directly or indirectly incur or suffer due to any
unauthorized activities conducted by you, as explained above, and may
incur criminal or civil liability.
g. We may provide various open communication tools on our website,
such as blog comments, blog posts, public chat, forums, message boards,
newsgroups, product ratings and reviews, various social media services,
etc. You understand that generally we do not pre-screen or monitor the
content posted by users of these various communication tools, which
means that if you choose to use these tools to submit any type of
content to our website, then it is your personal responsibility to use
these tools in a responsible and ethical manner. By posting information
or otherwise using any open communication tools as mentioned, you agree
that you will not upload, post, share, or otherwise distribute any
content that:
i. Is illegal, threatening, defamatory, abusive, harassing,
degrading, intimidating, fraudulent, deceptive, invasive, racist, or
contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any Shannon Kay employees or representatives.
We have the right at our sole discretion to remove any content that,
we feel in our judgment does not comply with this User Agreement, along
with any content that we feel is otherwise offensive, harmful,
objectionable, inaccurate, or violates any 3rd party copyrights or
trademarks. We are not responsible for any delay or failure in removing
such content. If you post content that we choose to remove, you hereby
consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or
any other 3rd party users of our website. However, any content posted
by you using any open communication tools on our website, provided that
it doesn't violate or infringe on any 3rd party copyrights or
trademarks, becomes the property of Demure Designs, and as such, gives
us a perpetual, irrevocable, worldwide, royalty-free, exclusive license
to reproduce, modify, adapt, translate, publish, publicly display and/or
distribute as we see fit. This only refers and applies to content
posted via open communication tools as described, and does not refer to
information that is provided as part of the registration process,
necessary in order to use our Resources. All information provided as
part of our registration process is covered by our privacy policy.
i. You agree to indemnify and hold harmless Shannon Kay and its
parent company and affiliates, and their directors, officers, managers,
employees, donors, agents, and licensors, from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this User Agreement or the failure to
fulfill any obligations relating to your account incurred by you or any
other person using your account. We reserve the right to take over the
exclusive defense of any claim for which we are entitled to
indemnification under this User Agreement. In such event, you shall
provide us with such cooperation as is reasonably requested by us.
Privacy
Your privacy is very important to us, which is why we've created a
separate Privacy Policy in order to explain in detail how we collect,
manage, process, secure, and store your private information. Our
privacy policy is included under the scope of this User Agreement. To
read our privacy policy in its entirety, click here.
Limitation of Warranties
By using our website, you understand and agree that all Resources we
provide are "as is" and "as available". This means that we do not
represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our
Resources is done at your own discretion and risk, and that you are
solely responsible for any damage to your computer or other devices for
any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or
written, obtained by you from Shannon Kay or through any Resources we
provide shall create any warranty, guarantee, or conditions of any
kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained
above, you expressly understand and agree that any claim against us
shall be limited to the amount you paid, if any, for use of products
and/or services. Shannon Kay will not be liable for any direct,
indirect, incidental, consequential or exemplary loss or damages which
may be incurred by you as a result of using our Resources, or as a
result of any changes, data loss or corruption, cancellation, loss of
access, or downtime to the full extent that applicable limitation of
liability laws apply.
Copyrights/Trademarks
All content and materials available on Shannon Kay, including but
not limited to text, graphics, website name, code, images and logos are
the intellectual property of Shannon Kay, and are protected by
applicable copyright and trademark law. Any inappropriate use,
including but not limited to the reproduction, distribution, display or
transmission of any content on this site is strictly prohibited, unless
specifically authorized by Shannon Kay.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate
your access to all or part of our website and Resources with or without
notice and for any reason, including, without limitation, breach of this
User Agreement. Any suspected illegal, fraudulent or abusive activity
may be grounds for terminating your relationship and may be referred to
appropriate law enforcement authorities. Upon suspension or
termination, your right to use the Resources we provide will immediately
cease, and we reserve the right to remove or delete any information
that you may have on file with us, including any account or login
information.
Governing Law
This website is controlled by Demure Designs. It can be accessed by
most countries around the world. By accessing our website, you agree
that the statutes and laws of our state, without regard to the conflict
of laws and the United Nations Convention on the International Sales of
Goods, will apply to all matters relating to the use of this website and
the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be
brought in the federal or state courts You hereby agree to personal
jurisdiction by such courts, and waive any jurisdictional, venue, or
inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, SHANNON KAY EXPRESSLY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our Terms of
Service as outlined above, you can contact me by emailing: shannon@callmecordelia.net
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