KLA Enterprises, LLC dba Kimara Ahnert owns the web site Kimara.com (the “site”). The site sells makeup and skincare products and provides makeup and skincare information to its readers subject to the terms and conditions provided below. “Subscriber” means each person who establishes or accesses a connection (“Account”) for access to and use of the site.
3) Changed Terms
Kimara.com shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of the site, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to posting on the site, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the site by Subscriber after such notice shall be deemed to constitute acceptance by subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.
5) Subscriber Conduct
- Subscriber shall use the site for lawful purposes only. Subscriber shall not post or transmit through the site any material which violate or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute criminal offense, give rise to a civil liability or otherwise violate any law, or which, without Kimara Ahnert’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Kimara Ahnert’s discretion restricts or inhibits any other Subscriber from using or enjoying the site will not be permitted. Subscriber shall not use the site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the site.
- The site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the site are copyrighted as a collective work under the United States copyright laws. Kimara Ahnert’s owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscribers may not modify, publish, transmit, participate in the transfer of sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscribers may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Kimara Ahnert and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
- Subscriber shall not upload, post or otherwise make available on the site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Kimara.com, subscriber automatically grants, or warrants that the owner of such material has expressly granted Kimara.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber’s personal use. Subscriber hereby grants Kimra.com the rights to edit, copy, publish and distribute any material made available on the site by Subscriber.
- The forgoing provisions of Section 5 are for the benefit of Kimara.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6) Disclaimer of Warranty; Limitation of Liability
- Subscriber expressly agrees that use of the site is at Subscriber’s sole risk. Neither Kimara.com, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the site.
- The site is provided on an “as is” basis without warranties of any kind, either express or implied, including by not limited to, warranties of title or implied warranties or merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
- This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that Kimara.com is not liable for the defamatory, offensive or illegal conduct of other subscribers or Third-Parties and that the risk of injury from the foregoing rests entirely with the subscriber.
- In no event will Kimara.com, or any person or entity involved in creating, producing or distributing the site be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the site. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on the site.
- In addition to the terms set forth above neither, Kimara.com, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby, none of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Prior to the execution of a stock trade, subscribers are advised to consult with your broker or other financial representative to verify pricing or other information. Kimara.com, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, Kimara.com, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
Kimara.com shall have the right, but not the obligation, to monitor the content of the site to determine compliance with this agreement and any operating rules established by Kimara.com and to satisfy any law, regulation or authorized government request. Kimara.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, Kimara.com shall have the right to remove any material that Kimara.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless Kimara.com, its affiliates and their respective employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the site by subscriber or subscriber’s account.
9) Parental Permission
This site is not intended for use by children under thirteen (13) years of age, and Kimara.com does not knowingly collect personal information from children under thirteen years of age. Some of the available information may contain certain topics that may not be appropriate for children. Kimara.com at its discretion require users under 18 to obtain the consent of a parent or guardian to view certain content, and Kimara.com may limit access to certain content to users above a specified age. You agree to abide by any such restriction, and not to help anyone circumvent these restrictions.
Kimara Ahnert, the site, its word mark, icon and logos are trademarks of KLA Enterprises, LLC dba Kimara Ahnert. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
12) Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward your name, address, telephone number, email address, a description of the copyrighted work that you claim has been infringed, a description of where the alleged infringing material is located, a statement by you that you have a good faith belief that the disputed use in not authorized by the copyright owner, its agent or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest, and a statement by you made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Send this information to email@example.com.
Please note that you may be held liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our site infringes your copyright.
This Agreement and any operating rules of the site established by KLA Enterprises, LLC constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. No waiver by either party or any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
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