Terms and Conditions ⋆ Kate Sweater

Introduction

Welcome to katesweater.com (“katesweater”, “we”, “us”, “Kate Sweater Hickcox”) website, katesweater.com (the “Site”). We ask that you abide by the terms and conditions (“Terms”) that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”). Your use of the Site constitutes your agreement with the Conditions that follow, and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, you must not use the Site.

License to use website

Unless otherwise stated, Kate Sweater Hickcox and/or katesweater.com own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website [except for content specifically and expressly made available for redistribution].

Shipping time frames and terms

All printing and shipping of products, items or posters purchased via this Site will be fulfilled (printed, created, processed, shipped, etc) by third-parties, and will be subject to the Terms and Conditions listed on those third-party websites.

Kate Sweater Hickcox and/or katesweater.com guarantees that after an order is placed for an item at katesweater.com, Kate Sweater Hickcox and/or katesweater.com will place the order with the third-party company within 5 days of the initial order. Kate Sweater Hickcox and/or katesweater.com makes no guarantees about printing or shipping timing and does not guarantee the receipt of the final product. If any issues arise with the shipping, printing or receipt of the final product(s), Kate Sweater Hickcox and/or katesweater.com will work hard to put the purchaser in touch with the correct contacts at the third-party company.

Return processing

Kate Sweater Hickcox and/or katesweater.com is not responsible for any returns or refunds for products that have been created and shipped by a third-party company. Please see the Terms and Conditions of the third-party companies for more detail on return or refund policies.

If any issues arise that lead to a request for a return or a refund, Kate Sweater Hickcox and/or katesweater.com will work hard to put the purchaser in touch with the correct contacts at the third-party company in order to resolve the issue.

Conditions of use

Katesweater.com provides services subject to notices, terms and conditions as set out below. By accessing, browsing, or shopping on this website, you agree to all the terms and conditions in this agreement. Please read them carefully.

By agreeing to these Terms of Service (the “Service”) you represent that you are at least the age of majority in your state of province of residence, or that you are the age of majority in your state of province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Kate Sweater Hickcox and/or katesweater.com express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Kate Sweater Hickcox and/or katesweater.com express written consent.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Restricted access

Access to certain areas of this website may be restricted. Kate Sweater Hickcox and/or katesweater.com reserves the right to restrict access to areas of this website, or indeed this entire website, at Kate Sweater Hickcox and/or katesweater.com discretion.

If Kate Sweater Hickcox and/or katesweater.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Kate Sweater Hickcox and/or katesweater.com may disable your user ID and password in Kate Sweater Hickcox and/or katesweater.com’s sole discretion without notice or explanation.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Kate Sweater Hickcox and/or katesweater.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Kate Sweater Hickcox and/or katesweater.com does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Privacy disclaimers

Please refer to our Privacy Policy for our full privacy and security practices.

This site may employ the use of cookies. By using katesweater.com you consent to the use of cookies.

Most of the modern-day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies may be used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

Payment terms and special fees

If you wish to purchase any products or services through our Site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment, and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third-party payment processor must be accurate, current, and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

Katesweater.com attempts to be as accurate as possible. Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, include without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

The inclusion of any products or services on our Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

The personalized products we offer are made to order, and we reserve the right to charge your payment account method immediately when you place your order for such products. Title and risk of loss for any purchases pass to you upon delivery of the products to the carrier.

Liabilities

Kate Sweater Hickcox and/or katesweater.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Kate Sweater Hickcox and/or katesweater.com has been expressly advised of the potential loss.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Disclaimer of warranties; limitation of liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Kate Sweater Hickcox and/or katesweater.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Kate Sweater Hickcox and/or katesweater.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Maine, United States

Copyright

The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Kate Sweater Hickcox and/or katesweater.com and is protected by copyright and other intellectual property or proprietary rights. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.

Trademarks

All trademarks, service marks, and trade names of Kate Sweater Hickcox and/or katesweater.com on the Site are trademarks or registered trademarks of Kate Sweater Hickcox and/or katesweater.com or of their respective owners.

User Generated Content

By sharing, submitting and uploading any of your data (including but not limited to photographs, images, video, music, art, or comments) to Kate Sweater Hickcox and/or katesweater.com website, Kate Sweater Hickcox and/or katesweater.com social media channels (including, without limitation, Twitter (including # and @ comments incorporating katesweaterlighting, Dwaal Lighting Design, Kate Sweater Hickcox and/or katesweater.com Facebook and Instagram) and pages dedicated to Kate Sweater Hickcox and/or katesweater.com in discussion forums (e.g., Reddit), you grant Kate Sweater Hickcox and/or katesweater.com a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Kate Sweater Hickcox and/or katesweater.com. You acknowledge and agree that you are solely responsible for all the user data that you make available through such means. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Kate Sweater Hickcox and/or katesweater.com the required rights to disseminate any user data, and (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or Kate Sweater Hickcox and/or katesweater.com use of your uploaded data (or any portion thereof) on, through or by the means of Kate Sweater Hickcox and/or katesweater.com will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

By submitting your user data to Kate Sweater Hickcox and/or katesweater.com, you acknowledge and agree that: (a) any user data may become publicly viewable on this Site or elsewhere; (b) Kate Sweater Hickcox and/or katesweater.com has the right to publish your user name in connection with your user data, wherever applicable and subject to Kate Sweater Hickcox and/or katesweater.com ‘s Privacy Policy; and (c) you will only submit user data that you own or have permission to submit from its owner, in which case you will provide to Kate Sweater Hickcox and/or katesweater.com, upon our request, a copy of a written consent from the owner.

Kate Sweater Hickcox and/or katesweater.com shall have no obligation to pay you any compensation for your user data and with respect to Kate Sweater Hickcox and/or katesweater.com use or nonuse of your user data, and is under no obligation to post or use any data you may provide. Kate Sweater Hickcox and/or katesweater.com may, in its sole discretion, remove any user data at any time, with or without notice to you, prior or otherwise. You may request the removal of your user data for any reason on reasonable written notice to Kate Sweater Hickcox and/or katesweater.com on receipt of which Kate Sweater Hickcox and/or katesweater.com will take commercially reasonable steps to comply with your removal request.

Kate Sweater Hickcox and/or katesweater.com does not and cannot review all user data submissions and is not responsible for the content or substance thereof. However, Kate Sweater Hickcox and/or katesweater.com reserves the right to delete, move, or edit user data that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person’s rights of privacy or publicity, or otherwise unacceptable, provided that Kate Sweater Hickcox and/or katesweater.com shall not be deemed the publisher of any user data by virtue of its right to control said data. Any views and opinions expressed in user submitted data reflect author’s point of view and are not necessarily those of Kate Sweater Hickcox and/or katesweater.com or its licensing partners and affiliated entities.

These conditions were established by Kate Sweater Hickcox and/or katesweater.com on 01/20/2021.