Terms and Conditions
Effective as of May 27, 2010
1. USE AND CONTENT
The Site and all associated content is intended solely for the personal, non-commercial use of our users. All information and materials available via the Site (collectively, "Content") are protected by copyright, trademark and other applicable laws. Content includes, but is not limited to, photographs, images, illustrations, text, video, audio clips, designs, logos, trademarks, service marks, trade dress and other materials contained in this Site, as well as the software used in the design and development of this Site. Content is owned or controlled by us, our subsidiaries, affiliates or licensors or is used with permission of their owners.
GURJOT NEW YORK, the logo, BECAUSE YOUR LIFE IS YOUR RUNWAY, and all stylized versions of the foregoing, whether registered or unregistered, are proprietary trademarks and service marks of Kiki Priya, LLC. All other trade- or service marks and product names mentioned herein are the property of their respective owners. The Content on the Site may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with our prior written consent. Copyright © 2010 Kiki Priya, LLC. All rights reserved.
You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, any of the Content in this Site. You agree to abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through our Site.
The Site may contain bulletin board services, blogs, news groups, forums, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain photos, videos, text, software, trademarks or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials for any reason in our sole discretion. We reserve the right to modify or discontinue any or all of the Communication Services, or to terminate your access thereto, at any time without notice for any reason whatsoever.
We reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Always use caution when posting any personally identifying information about yourself or your children in any Communication Service or otherwise via the Site. We do not control or endorse the content, messages or information found in any Communication Service and, therefore disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Communication Service managers and hosts are not our authorized employees, representatives or spokespersons, and their views do not necessarily reflect our views.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download or otherwise use such materials.
You agree that any and all suggestions, designs, concepts, testimonials, and other items or materials relating to our Content, goods or services which are disclosed or submitted to us through this Site or by other means ("Submissions") are neither confidential nor proprietary to you. All Submissions become our property upon submission to us. By making a Submission to us, you assign to us all rights, title and interests, including copyrights, in the Submission and you agree to sign any further documents reasonably required by us to perfect such rights. We have no obligation: (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; or (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that we have the right (but not the obligation) to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
With the exception of Submissions, we do not claim ownership of materials you provide to us or post, upload, input or submit to any Site or Communication Service (collectively "Postings"). However, by posting, uploading, inputting, providing or submitting your Postings you are granting us, our affiliated companies and sublicensees a perpetual, irrevocable, transferable and sublicensable license to use your Postings for any and all commercial, promotional or other purposes, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Posting in any medium now or hereafter known; and to publish your name in connection with your Posting. No compensation will be paid with respect to the use of your Postings. We are under no obligation to post or use any Postings you may provide and may remove any Posting at any time in our sole discretion. By posting, uploading, inputting, providing or submitting your Posting you warrant and represent that you own or otherwise control all of the rights to your Posting as described in this section including, without limitation, all the rights necessary for you to provide, post, upload.
2. THIRD PARTY LINKS, SERVICES AND PRODUCTS
The Site may contain links to other Internet sites, organizations, resources and sponsors, and other sites may link to this Site. Navigating an advertisement or other link will redirect you away from our Site to a third party site or service. Interactions and transactions between you and third parties are strictly between you and such third parties and we are not responsible for examining or evaluating, and do not warrant the goods, services or offerings of any third party or the content of their websites or advertisements. Consequently, we do not assume any liability or responsibility for the accuracy, actions, products, services, practices, availability or content of these outside resources. You should direct any concerns regarding other sites to their operators.
3. REPRESENTATIONS AND WARRANTIES
4. SYSTEM INTEGRITY
You may not interfere or attempt to interfere with the proper working of the Site or any communication or transaction conducted on Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
5. DISCLAIMER OF WARRANTIES
We don't represent, warrant or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Site. Your use of our Site is at your sole risk. ALL INFORMATION AND MATERIALS PROVIDED VIA THE SITE ARE PROVIDED "AS IS." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS PROVIDED VIA THE SITE. WE CANNOT GUARANTEE THAT ACCESS TO OR USE OF THE SITE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE.
6. LIMITATION OF LIABILITY
NEITHER WE NOR ANY OF OUR SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES OR REPRESENTATIVES SHALL BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE OR ANY OF THE INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ACTUAL DAMAGES not to exceed ONE hundred dollars. The foregoing are applicable to the fullest extent permissible under applicable law.
7. COPYRIGHT INFRINGEMENT
We take alleged copyright infringement seriously. If you believe that any information or material on our Site constitutes copyright infringement, please send our Copyright Agent an e-mail or other written notice that includes the following information: (a) identification of the copyrighted work claimed to have been infringed; (b) a description of where the material that you claim is infringing is located on the Site; (c) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (c) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement on the Site is:
Gurjot New York
237 East 60th St.
New York, NY 10022
Attn: Copyright Agent
Effective as of May 27, 2010
We reserve the right to modify the Policy at any time, and we will notify you of any material changes by posting the new Policy here and changing the "Effective Date" at the top of the page. Therefore, we encourage you to check this page periodically for any changes. By visiting the Site, you acknowledge that you have read, understand and agree to be bound by this Policy, as may be amended from time to time. Personal and other information collected on the Site is stored and processed in the United States of America. By using any of the Sites, you consent to our collection, transfer to (if applicable), and use and processing of such information in the U.S.A. If you do not agree to these terms, please navigate away from the Site and do not make any purchases or provide us with any personal information about you.
What information do we collect?
We generally only collect personal information that you provide to us. We may ask you to provide us with personal information such as your name, e-mail address, street address and/or telephone number to receive correspondence from us or enable you to participate in our blogs.
What do we do with the information we collect?
We may maintain and use the personal and other information you provide to us to respond to your questions or comments, send you information about us and the goods and services that we offer, promotional correspondence or special offers from us and/or information on our news and events and enable you to participate in our blogs.
Do we share the information we collect with third parties?
While we do not share information we collect from you with third parties such as direct marketers, advertising agencies or mailing list companies, we may share information we collect from you with our affiliated companies. We also may engage trusted third party service providers to perform functions and provide services to us, such as hosting and maintaining our servers and the Site, database storage and management, e-mail marketing for our goods and services. We may share your personal information with these third parties to enable them to perform these services for us and for you.
Our policy is to cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Therefore, we may disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect our rights and interests or those of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to otherwise comply with applicable court orders, laws, rules and regulations.
Is your information secure?
We are very concerned about safeguarding the confidentiality and use of your personal information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. However, please be aware that despite our best efforts, no security measures are perfect or impenetrable.
Does this Policy apply to linked sites other than the Sites?
What is your policy regarding children's information?
The Site is not intended for, and we do not knowingly accept or collect personally identifiable information from, children under 13. If we become aware that a child under 13 has provided us with personal identifiable Information, we will delete it from our files. If parents or guardians become aware that their minor children have provided us with personally identifiable information without their consent (or that we have otherwise collected or obtained such information), they should contact us at firstname.lastname@example.org. We recommend that minors under the age of 18 ask their parents for permission before using a credit card or providing any information about themselves to us or anyone else over the Internet.
How do I unsubscribe or update/correct my information?
Any promotional e-mails you receive from us will include specific instructions on how to unsubscribe from our e-mail list, and you may unsubscribe at any time. You may also send an email to us at: email@example.com to update or correct the personal information we have on file for you or to be unsubscribed from all or any particular types of e-mailings.