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Customer Terms and Conditions
1. I hereby confirm that all personal information entered to purchase merchandise from keystomycastle.com or keys to my castle, inc. (collectively hereinafter, “keys to my castle”) is accurate and true and that I am of legal age (18 years or older) to make said transaction.
2. I understand and authorize that my credit card will be charged for the amount that I have requested to be withdrawn from my credit card account and have given full authorization for keys to my castle to charge my credit card account for the amount requested by me for the purchasing of products.
3. I understand and agree that a refund can take up to 30 days to show on my credit card account. I also understand and agree that a refund request can take up to 5 days for my request to be answered and validated.
4. RISK OF LOSS – I understand that all items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
5. Any questions regarding this agreement should be directed to: webmaster@keystomycastle.com.
1. Terms of Site Use
The following terms of use govern the use of the keys to my castle shopping cart. Please read these terms carefully before you accept these Terms by placing an order through keys to my castle. If You do not agree with all of these Terms, please do not purchase the products contained therein.
The Terms are entered into by and between you and keys to my castle. Any reference herein to keys to my castle shall be deemed to refer to keys to my castle and or keystomycastle.com, as applicable under the circumstances. The products offered for sale and other on-line resources accessible via keys to my castle, are provided to you, subject to the Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the Web site.
2. Intellectual Property Rights
Unless otherwise indicated, all information, images, text, messages, illustrations, graphics, logos, designs, icons, photographs, programs, data, software, music, sound, video, or other materials that are part of this Web site (collectively, the “Content”) are protected by copyrights, trademarks, service marks, publicity rights, or other proprietary rights and laws owned, controlled or licensed keys to my castle or by third parties who have provided materials to keys to my castle, and these rights are valid and protected in all forms, media and technologies, existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and keys to my castle owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
Except as set forth herein, none of the Content may be copied, reproduced, framed, modified, removed, sold, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise exploited, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photo copying, recording, or otherwise, without the prior express written permission of keys to my castle or the Third Party Provider. No part of this Web site may be reproduced or retransmitted in any way, or by any means, without the express written permission of keys to my castle. You also may not, without keys to my castle's prior express written permission, “mirror” any of the Content contained on this Web site on any other server.
Nothing on this Web site shall be construed as conferring any license under any of keys to my castle's or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download keys to my castle's Content on the Web site for Your personal, non-commercial use only, provided You do not modify the materials and that You retain all copyright notices, trademark legends, and other proprietary rights notices contained in the materials. This permission terminates automatically if You breach any of these Terms. Upon termination, You must immediately destroy any downloaded and printed materials.
The Content on this Web site may be used only as a shopping resource. Any unauthorized use of any Content contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
3. Your Conduct
You agree to use keys to my castle only for lawful purposes. You are prohibited from posting on or transmitting through keys to my castle any Content that violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise deemed by keys to my castle to be harmful or objectionable, or that intentionally or unintentionally violates any applicable local, state, national or international law, or any regulations having the force of law.
4. Comments, Communications and Other Content
All comments, communications, ideas, and other content disclosed, submitted or offered to keys to my castle on or by this Web site or otherwise disclosed, submitted or offered in connection with Your use of this Web site (collectively, the "Comments") shall be and remain keys to my castle's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to keys to my castle of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, keys to my castle will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. keys to my castle is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by You to the Web site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by You to the Web site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
5. Links
The Web site may provide, or third parties may provide, links to other Internet sites or resources. Because keys to my castle has no control over such sites and resources, You acknowledge and agree that keys to my castle is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. keys to my castle will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
This Web site may be linked to other Web sites that are not under the control of and are not maintained by keys to my castle. keys to my castle is not responsible for the content of those sites. keys to my castle is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by keys to my castle of those sites.
6. Indemnification
You agree to indemnify and hold keys to my castle, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the use of the Web site.
7. Disclaimer of Warranties KEYS TO MY CASTLE
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THIS WEB SITE IS PROVIDED BY KEYS TO MY CASTLE, ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THIS WEB SITE IS PROVIDED “AS IS”, “WITH ALL FAULTS,” AND IS FOR COMMERCIAL USE ONLY. KEYS TO MY CASTLE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. KEYS TO MY CASTLE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON KEYS TO MY CASTLE'S WEB SITES. KEYS TO MY CASTLE MAY MAKE AVAILABLE ON KEYS TO MY CASTLE'S WEB SITES CONTENT AVAILABLE FOR DOWNLOADING THAT HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF KEYS TO MY CASTLE WEB SITES. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL KEYS TO MY CASTLE OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM KEYS TO MY CASTLE'S WEB SITES.
KEYS TO MY CASTLE'S MAKES NO WARRANTY OR CONDITION THAT: (I) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (II) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, OR THAT (V) ANY ERRORS IN THE WEB SITE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KEYS TO MY CASTLE OR THROUGH OR FROM THE WEB SITE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. KEYS TO MY CASTLE'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
8. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, KEYS TO MY CASTLE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF KEYS TO MY CASTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (I) THE USE OF OR THE INABILITY TO USE THE WEB SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM KEYS TO MY CASTLE'S WEB SITE.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND WILL NOT MAKE A CLAIM AGAINST KEYS TO MY CASTLE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
YOU AGREE TO HOLD keys to my castle HARMLESS FROM, AND YOU COVENANT NOT TO SUE KEYS TO MY CASTLE FOR, ANY CLAIMS BASED ON USING THE WEB SITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Site Security
You are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. keys to my castle will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site or any activity being conducted on this Web site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web site other than the search engine and search agents available from keys to my castle on this Web site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
10. Termination of Use
keys to my castle in its sole discretion, may terminate Your password, Your account, Your use of any of the on-line resources available on the Web site, and remove and discard any Content on the Web site, for any reason, including, without limitation, for lack of use or if keys to my castle believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to the Web site under any provision of the Terms may be effected without prior notice, and keys to my castle may immediately de-activate or delete Your account and all related information and files in Your account and/or bar any further access to such files or to the Web site. Further, keys to my castle will not be liable to You or any third-party for any termination or suspension of Your Account or Your access to the Web site.
11. General Information
The Terms constitute the entire agreement between You and keys to my castle and govern Your use of the Web site, superseding any prior agreements between You and keys to my castle (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when You use other keys to my castle services, third-party content or third-party software. You must not assign or otherwise transfer neither the Terms nor any right granted hereunder. Any breach of the Terms will result in irreparable harm to keys to my castle for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, keys to my castle, will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if keys to my castle seeks such an injunction. New Jersey law and controlling U.S. federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and keys to my castle agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Monmouth, State of New Jersey, USA.
keys to my castle controls and operates this Web site from its headquarters in Manhattan Beach, California, United States of America, and makes no representation that this Content is appropriate or available for use in other locations. If You use this Web site from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. The U.S. export control laws regulate the export and re export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Web site to either a foreign national or a foreign destination in violation of such laws. This Web site could include inaccuracies or typographical errors. keys to my castle and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web site at any time without notice. Changes are periodically made to the Web site. keys to my castle may amend these Terms at any time by posting the amended terms on this Web site.
The failure of keys to my castle to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
These Terms represent the entire understanding relating to the use of the Web site and prevail over any prior or contemporaneous, conflicting, or additional, communications.
© keys to my castle 2007
All rights reserved.
