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Terms
of Use
THE FOLLOWING DESCRIBES THE TERMS ON
WHICH KLINQ.COM OFFERS YOU ACCESS TO OUR SERVICES.
This Agreement describes the terms
and conditions applicable to your use of our services at http://www.KlinQ.com
and our general principles of our International affiliates.
KlinQ.com and its subsidiaries welcome
you to KlinQ.com. The goal of this website is to provide access to our
wide selection of barware, crystal, and fine china products to as wide
an audience as possible. To ensure a safe, pleasant environment for all
of our users, we have established these Terms of Use. In this way, you
will know what you can expect from us and what we expect from you. By
accessing any areas of KlinQ.com you agree to be legally bound and to
abide by the terms set forth below.
We may amend this Agreement at any
time by posting the amended terms on our site. Except as stated below,
all amended terms shall automatically be effective immediately after they
are posted on our site.
1. Access
Our web site contains robot exclusion
headers and you agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the content
contained herein without our prior expressed written permission. You agree
that you will not use any device, software or routine to bypass our robot
exclusion headers, or to interfere or attempt to interfere with the proper
working of the site. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on our infrastructure.
Much of the information on our site is updated on a real time basis and
is proprietary or is licensed to KlinQ.com by our users or third parties.
You agree that you will not copy, reproduce, alter, modify, create derivate
works, or publicly display any content (except for your information) from
our website without the prior expressed written permission of KlinQ.com
or the appropriate third party.
2. Privacy
We use third parties to verify and
certify our privacy principles. These organizations are dedicated to building
trust in the Internet by having member organizations such as KlinQ.com
disclose information practices. Our policy on privacy is held to high
standards by these independent third party organizations.
3. Our Disclosure of Your Information
Due to the existing regulatory environment,
we cannot ensure that all of your private communications and other personally
identifiable information will never be disclosed in ways not otherwise
described in this Privacy Policy. By way of example (without limiting
the foregoing), we may be forced to disclose information to the government
or third parties under certain circumstances. Therefore, although we use
industry standard practices to protect your privacy, we do not promise
or undertake that your personally identifiable information or private
communications will always remain private. As a matter of policy, we do
not sell or rent any personally identifiable information about you to
any third party.
4. Other Corporate Entities
We share much of our data, including
personally identifiable information about you, with our subsidiaries and
joint ventures that are committed to serving your online trading needs
and related services, throughout the world. To the extent that these entities
have access to your information, they will treat it at least as protectively
as they treat information they obtain from their other users. Our subsidiaries
and joint ventures follow privacy practices no less protective of all
users than our practices described in this document, to the extent allowed
by applicable law.
5. Legal Requests
KlinQ.com cooperates with law enforcement
inquiries, as well as other third parties to enforce laws, such as: intellectual
property rights, fraud and other rights. We can (and you authorize us
to) disclose any information about you to law enforcement or other government
officials as we, in our sole discretion, believe necessary or appropriate,
in connection with an investigation of fraud, intellectual property infringements,
or other activity that is illegal or may expose us or you to legal liability.
Further, we can (and you authorize us to) disclose your name, street address,
city, state, zip code, country, phone number, email, and company name
as we in our sole discretion believe necessary or appropriate in connection
with an investigation of fraud, intellectual property infringement, privacy,
or other unlawful activity.
6. Security
KlinQ.com uses industry standard practices
to safeguard the confidentiality of your personal identifiable information,
including “firewalls” and Secure Socket Layers. KlinQ.com
treats data as an asset that must be protected against loss and unauthorized
access. We employ many different security techniques to protect such data
from unauthorized access by users inside and outside the company. However,
guaranteed security does not exist on the Internet.
7. No Warranty
We have made an effort to provide you
with accurate information on our items' sizes and weights; but we do not
guarantee that they are 100% exact. Prices are subject to change without
notice.
WE PROVIDE OUR WEB SITE AND SERVICES
“AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED
OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the
foregoing disclaimer may not apply to you. This warranty gives you specific
legal rights and you may also have other legal rights that vary from state
to state.
8. Liability Limit
IN NO EVENT SHALL WE BE LIABLE FOR
LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT
(HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITIY TO YOU OR ANY
THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $ 100. Some states do
not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
9. Indemnity
You agree to indemnify and hold us
and (as applicable) our parent company, subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising
out of your breach of this Agreement or the documents it incorporates
by reference, or your violation of any law or the rights of a third party.
10. Legal Compliance
You shall comply with all applicable
domestic and international laws, statutes, ordinances and regulations
regarding your use of our service.
11. Notices
Except as explicitly stated otherwise,
any notices shall be given by postal mail to KlinQ.com or to the email
address you provide to KlinQ.com during the registration process (in your
case). Notice shall be deemed given 24 hours after email is sent, unless
the sending party is notified that the email address is invalid. Alternatively,
we may give you notice by certified mail, postage prepaid and return receipt
requested, to the address provided to KlinQ.com during the registration
process. In such case, notice shall be deemed given 3 days after the date
of mailing.
12. Arbitration
Any legal controversy or legal claim
arising out of or relating to this Agreement or our services shall be
settled by binding arbitration. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in Spring Valley, N.Y. and judgment on the arbitration
award may be entered into any court having jurisdiction thereof. Should
either party file an action contrary to this provision, the other party
may recover attorneys’ fees and costs up to $ 1,000.00.
13. General
This Agreement shall be governed in
all respects by the laws of the state of New York, USA. We do not guarantee
continuous, uninterrupted or secure access to our services, and operation
of our site may be interfered with by numerous factors outside of our
control. If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced.
You agree that this Agreement and all incorporated agreements may be automatically
assigned in our sole discretion, to a third party in the event of a merger
or acquisition. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between
us with respect to the subject matter hereof.
14. KlinQ.com Web site copyright
policy
You should assume that everything you
see or read on this Web site is copyrighted unless otherwise noted and
may not be used except as provided in these terms and conditions or in
the text on this Web site without the written permission of KlinQ.com.
KlinQ.com neither warrants nor represents that your use of materials displayed
on this Web site will not infringe rights of third parties not owned by
or affiliated with KlinQ.com. Images, photographs, or illustrations displayed
on this Web site are either the property of, or used with permission by,
KlinQ.com. The use of these materials by you, or anyone else authorized
by you, is prohibited unless specifically permitted by these terms and
conditions or specific permission provided elsewhere on this Web site.
Any unauthorized use of the images may violate copyright laws, trademark
laws, the laws of privacy and publicity, communications regulations and
statutes, and will be prosecuted.
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