The following are the terms and conditions (the "Terms) under which you (a "User") may use the web sites and co-branded web sites of River Dee Designs (the "Company") at www.riverdeedesigns.com and / or any other addresses (any or all) of which are herein referred to as the "Website". Please read these terms and conditions carefully.
By accessing and using the Website, you accept and agree to be bound without modification, limitation or qualification, by the Terms.
The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page, or any of its pages.
You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
Specific rules, in addition to these Terms, are provided with respect to transactions conducted on or in connection with the Website, and other rules may be provided for the use of other items, areas or services provided on or in connection with the Website, and you agree to be bound by such rules.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE. THE CONTENT OF SUCH AGREEMENT, INCLUSIVE OF THE TERMS AND ALL SUCH ADDITIONAL CONDITIONS AND NOTICES, ARE TOGETHER REFERRED TO HEREIN AS THE "AGREEMENT". IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE AGREEMENT, DO NOT USE THE WEBSITE.
Section 1: The Material on the Website
The contents of the Website, such as text, graphics, images, audio, video, data, coding, scripts, computers programs and other material ("Material" or "Materials"), are protected by copyright under the laws of the United States as well as other countries, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company.
All rights in and to the Material, not expressly granted to you in the course of your product(s) purchase or use of the Website as outlined herein, are reserved.
Neither the availability of, nor anything contained within the Website, and its product(s) not expressly granted to you in the course of product(s) purchase, shall be construed as conferring any license under any of the Company's or any third party's intellectual property rights, other or further than as expressly provided in the foregoing provisions of these Terms and Conditions, whether by implication, estoppel or otherwise.
Unauthorized use of the Material may violate copyright, trademark, and other laws.
You many not sell, prepare derivative works based on or modify the Material (including, without limitation, preparation of summaries of the Material or "thumbnails" of any images therein, or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose.
The use of the Material or any portion thereof on any other website, or in any publication, database, catalog or compilation, or in a networked computer environment for any purpose other than person browsing of the Website without the express prior written agreement of the Company is strictly prohibited.
With respect to any copy you make of the Material within the scope of the limited personal permission granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Material.
Some Material may contain digital "watermarks" to indicate their source and ownership.
You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks.
The trademarks, logos and service marks (the "Marks") displayed on the Website are owned by the Company or third parties.
You are prohibited from using the Marks without the express, prior written permission of the Company or such third party.
If you would like information about obtaining the Company's permission to use the Material on your website, please email firstname.lastname@example.org
Regardless of the presence or absence of robot exclusion headers and similar mechanisms within the Website, and without limiting the generality of any other restriction on use of the Website or the Material set forth in this Agreement, you will not in any event use any robot, spider or other automatic or manual device or process for the purpose of compiling information regarding the identification, address or other attributes of any of the Company's Users, bidders or sellers, or to recreate in original or modified form any substantial portion of the Website.
You further agree not to use any device, software or routine to interfere with the proper functioning of the Website or any transactions being conducted on or in connection with the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our servers or systems.
If you violate any provision of the Agreement, your permission to use the Material and the Website automatically terminates; and, you must immediately destroy any copies you have made of the Material.
The Company is committed to maintaining your privacy. The Company does, however, gather certain information that you provide to the Website.
This privacy notice applies solely to information collected by this website. It will notify you of the following:
What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.
We are the sole owners of the information collected on this site. We only have access to collect information that you voluntarily give us via email or other direct contact from you.
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.
We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers / servers in which we store personally identifiable information are kept in a secure environment.
This website may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Section 3: Registration, Password and Signatures
In consideration of your use of the Website, you agree to:
a) provide true, accurate, current and complete information about yourself as prompted by any registration that you may fill out on any Website; and
b) maintain and promptly update your contact and purchase information to keep it true, accurate, current and complete.
If you provide any contact or purchase information that is untrue, inaccurate, not current or incomplete, or the Company has grounds to suspect that such information is untrue, inaccurate, nor current or incomplete, the Company has the right to suspend or terminate your purchase and refuse any and all current or future use of the Website (or portion thereof).
We do not knowingly collect Personal Information from children under the age of 13 through the Website.
If you are under 13, please do not give us any Personal Information.
If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our database.
Section 4: Links to Other Sites
The Website may contain links to third-party websites that are maintained by others.
These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party websites.
The Company is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on third-party websites.
If you decide to access linked third-party websites, you do so at your own risk.
Section 5: Liability Disclaimers
The Material may contain inaccuracies or typographical errors.
Except as may be separately specifically provided with respect to a particular sale, the Company makes no representations about the accuracy, reliability, completeness, or timeliness of the material or about the results to be obtained from using the Website and the Material.
Any use of the Website and the Material is at your own risk.
Advice received via the Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Changes are periodically made to the Website and may be made at any time.
Some Material on the Website is provided by third parties and the Company shall not be held responsible for any such Material provided by third parties.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR THE SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS OF PARTICULAR PURPOSE.
THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS AND LINKS.
Section 6: Disclaimer of Certain Damages
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY PROVISION OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER OR THIRD-PARTY ON ACCOUNT OF THAT USER'S USE OF THE WEBSITE.
IN NO EVENT SHALL THE COMPANY AND / OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY SUCH THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OF ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Section 7: Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Material (including Software), your breach of this Agreement, or your violation of law or the rights of any third party.
Section 8: Export Control of Software and Technical Data
With respect to Material and Software you may obtain from the Website: The United States controls the export of such items.
You agree to comply with such restrictions and not to export or re-export the Material (including Software) to countries or persons prohibited under the export control laws.
By downloading the Material (including Software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals.
You are responsible for compliance with the laws of your local jurisdiction regarding import, export, or re-export of the Material and / or Software.
Section 9: Import and Export Regulations Regarding Tangible Property
The United States and most foreign countries regulate the importation and exportation of tangible property.
Many countries require a declaration of export for property that is leaving the country. Additionally, most countries require an Import Declaration at the time of customs clearance of property into that country. Upon import, these countries may impose duties, other taxes and / or restrictions on the property.
Many countries also prohibit or restrict importation or exportation of property containing ivory, tortoiseshell, whalebone, and / or products derived from other endangered or protected species, and require special licensees or permits in order to import or export such property.
Other countries regulate movement of antiquities and cultural items, which in some cases are subject to a right of pre-emption or compulsory purchase by the country from which they are to be exported.
It is the responsibility of the seller to ensure that the item is properly exported from the country in which is it located.
It is the responsibility of the buyer to ensure that the property is properly imported into the buyer's country. If you participate in the commerce portions of the Website; and, as a result, purchase property that you plan to ship to another country, you agree that you are responsible for familiarizing yourself with and complying with any and all applicable rules and regulations.
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY AND ACCEPTS NO LIABILITY WHATSOEVER TO THE SELLER, THE BUYER, OR ANY THIRD PARTY IN RESPECT OF THE AVAILABILITY OF ISSUANCE OF VALID IMPORT AND EXPORT PERMITS OR THE EXISTENCE OR EXERCISE OF PRE-EMPTION OR OTHER RIGHTS TO PURCHASE BY GOVERNMENTAL OR REGULATORY AUTHORITIES ANYWHERE.
Section 10: General
The Company makes no claim that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States.
Access to the Materials (including Software, if applicable) may not be legal by certain persons or in certain countries.
If you access the Website from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
The Website is based in the State of Kansas, U.S.A. All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by the laws of the State of Kansas, applicable to contracts entered into and performed within the State of Kansas without respect to its conflicts of laws principles.
By using the Website, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Website shall be the state courts for or within Johnson County in the State of Kansas, and the United States District Court for the District of Kansas.
You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose to be forever barred.
This Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Website.
Any changes to this Agreement must be in writing and signed by an authorized representative of the Company.