Terms and Conditions for Use of Website
This web page represents a legal document and contains the terms and conditions governing your use of our website, www.kunocreative.com (our “Website”). By using our Website, you agree to fully comply with and be bound by the following terms and conditions each time you use our Website, and these terms and conditions constitute a binding agreement between you and us (the “Agreement”). Please review the following terms carefully.
Our Company, Andrea Callahan International, Inc. (“ACI”) offers branding and marketing communications and other services and related products (referred to herein as “Services”).
The terms “us” or “we” or “our” refers to ACI, the owner of this Website. A “User” is someone that merely browses our Website or who has logged into our Website to obtain, use or just learn more about our Services. All text, information, graphics, design, and data offered through our Website are collectively known as our “Content”.
ACCEPTANCE OF AGREEMENT
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and ACI, and supersedes all other agreements, representations, warranties and understandings with respect to the use of our Website and the subject matter contained herein. However, in order for you to use our Services, you will be required to agree to additional terms and conditions that will govern our provision of, and your payment for, the Services. Those additional terms and conditions will be in addition to this Agreement unless otherwise stated.
We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.
ACI grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with this Agreement.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website.
OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and ACI.
OUR INTELLECTUAL PROPERTY
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of ACI.
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
We will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on our Website;
4) Your address, telephone number, and email address;
5) 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
6) 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.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
ELIGIBILITY AND REGISTRATION FOR USERSHIP
Any use of or access to our Website by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By using our Website, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.ACI has sole right and discretion to determine whether to accept a User, and may reject a User’s registration, with or without explanation.
In order to receive communications and other materials from us, you must indicate your consent by affirmatively “opting in” or specifically requesting that we send you a proposal, quote, educational materials, white paper or other documents or materials.
The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. We reserve the right to make alterations or deletions to the Content at any time without notice.
ERRORS, CORRECTIONS AND CHANGES
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of our Website at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website.
FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and ACI. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website.
MERCHANT AND ADVERTISEMENT DISCLAIMER
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.
All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants or the collection, storage, use, processing, transmission or disclosure of any personal data by any Merchants or other third parties. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Our Website may be temporarily unavailable from time to time for maintenance or other reasons. ACI assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.
ACI is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Website.
Under no circumstances will ACI be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, or any interactions between Users of our Website, whether online or offline.
ACI reserves the right to change any and all Content, software and other items used or contained in our Website, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT AND DOCUMENTS AVAILABLE FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. KUNO CREATIVE, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE. KUNO CREATIVE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY SERVICES PROVIDED BY US. ACI DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ANY CONTENT FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE OR CONTENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT FROM OR THROUGH OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
LIMITATION OF LIABILITY
WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND KUNO CREATIVE. OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ACI, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website, (b) the unavailability or interruption of our Website, (c) your use of our Website or Content, or (d) any failure of our Website to comply with the European Union General Data Protection Regulation or any other similar law, rule or regulation promulgated by non-U.S. authorities.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KUNO CREATIVE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SERVICES DURING THE CALENDAR MONTH PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
With respect to any Personal Data (as such term may be defined or used under applicable law) that may be submitted by User in connection with its use of this Website, User and ACI agree as follows.
User will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of its Personal Data to ACI for all times and purposes relevant to User’s use of this Website.
ACI shall, in relation to any Personal Data processed in connection with the performance by ACI of its obligations under this Agreement:
- process that Personal Data only on the written instructions of the User unless ACI is required by applicable law to otherwise process that Personal Data. Where ACI is relying on the requirement of applicable law as the basis for processing Personal Data, ACI shall promptly notify the User of this before performing the processing required by the applicable laws unless those applicable laws prohibit ACI from so notifying the User;
- ensure that it has in place appropriate technical and organizational measures to protect against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorized or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organizational measures adopted by it);
- ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
- not transfer any Personal Data outside of the European Economic Area (it being understood that ACI collects, stores and processes Personal Data in the United States) unless the prior written consent of the User has been obtained and the following conditions are fulfilled:
- the User or ACI has provided appropriate safeguards in relation to the transfer;
- the data subject has enforceable rights and effective legal remedies;
- ACI complies with its obligations under applicable law by providing an adequate level of protection to any Personal Data that is transferred; and
- ACI complies with reasonable instructions notified to it in advance by the User with respect to the processing of the Personal Data;
- assist the User, at the User's cost, in responding to any request from a data subject and in ensuring compliance with its obligations under applicable law with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
- notify the User without undue delay on becoming aware of a Personal Data breach;
- at the written direction of the User, delete or return Personal Data and copies thereof to the User on termination of the Agreement unless required by applicable law to store the Personal Data; and
- maintain complete and accurate records and information to demonstrate its compliance with this clause and allow for audits by the User or the User's designated auditor.
The User consents to ACI appointing third-party processors of Personal Data under this Agreement. ACI confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party's standard terms of business. As between the User and ACI, ACI shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
LINKING TO OUR WEBSITE
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.
LINKS TO OTHER WEBSITES
You agree to indemnify, defend and hold harmless ACI and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these terms or use of our Website.
Questions about Our Terms & Service
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ASK US A QUESTION
Hey, do us a favor? Shoot us an email instead. We would rather answer your questions individually. We are standing by waiting for you. Mailto: members (@)andreacallahan.agency