The following terms and conditions govern all use of the KyokoNakamura.com website and all content, services and products available at or through the website. The Website is owned and operated by Kyoko Nakamura Design (KND). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by KND (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by KND, acceptance is expressly limited to these terms.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which KyokoNakamura.com links, and that link to KyokoNakamura.com. KND does not have any control over those non-KyokoNakamura websites and webpages, and is not responsible for their contents or their use. By linking to a non-KyokoNakamura website or webpage, KND does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. KND disclaims any responsibility for any harm resulting from your use of non-KyokoNakamura websites and web pages. No linking to this website is permitted without KND’s written permission.
KyokoNakamura.com and all material on this Website, is protected by copyright and other intellectual property rights. This Agreement does not transfer from KND to you any KND or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with KND. The name and mark Kyoko Nakamura, Dressory, Millipede, Light up the Night and all other trademarks, service marks, graphics, photographs, images, logos, product names, text, video clips, audio clips and other materials used in connection with KyokoNakamura.com, or the Website, whether registered or unregistered, are trademarks or service marks of KND or KND’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any KND or third-party trademarks. All rights reserved worldwide.
Materials included within this Website are provided only for informational and promotional purposes. The Website is exclusively for private, personal and non-commercial uses. Materials contained in the Website may be downloaded or copied for personal non-commercial purposes only. Any such downloading or copying of materials contained in the Website does not give you, the user any right, title, or interest in any of the material or software on the Website. None of the materials in this Website may be reproduced, published, transmitted, distributed, displayed, removed, deleted, added to, modified in any way, used to create a derivative work from, or sold by you (except for your personal non-commercial use). All other uses of materials on this Website, including any replication for purposes other than personal non-commercial use, are strictly prohibited without explicit written consent from Kyoko Nakamura Design.
KND reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. KND may also, in the future, offer new products and/or features through the Website. Such new features and/or products shall be subject to the terms and conditions of this Agreement.
KND may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is” and “as available”. KND and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither KND nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will KND, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. KND shall have no liability for any failure or delay due to matters beyond their reasonable control and is not liable for any errors or mistakes or damages resulting from a user’s dependence on information from this Website. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless KND, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between KND and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of KND, or by the posting by KND of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kings County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Brooklyn, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; KND may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Like most website operators, KND collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. KND’s purpose in collecting non-personally identifying information is to better understand how KND’s visitors use its website. From time to time, KND may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
KND also collects potentially personally-identifying information like Internet Protocol (IP) addresses. KND does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.
Gathering of Personally-Identifying Information
Certain visitors to KND’s websites choose to interact with KND in ways that require KND to gather personally-identifying information. The amount and type of information that KND gathers depends on the nature of the interaction. In each case, KND collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with KND. KND does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
KND may collect statistics about the behavior of visitors to its website. KND may display this information publicly or provide it to others. However, KND does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
KND discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on KND’s behalf or to provide services available at KND’s website, KyokoNakamura.com and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using KND’s website, you consent to the transfer of such information to them. KND will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, KND discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when KND believes in good faith that disclosure is reasonably necessary to protect the property or rights of KND, third parties or the public at large. If you are a registered user of KND website and have supplied your email address, KND may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with KND and our products. We expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. KND takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.