SITE TERMS AND CONDITIONS OF USE
1. User's Acknowledgment
and Acceptance of Terms
NK Foundation Limited (referred to
as "us" or "we") provides the nkfoundation.myshopify.com
BY COMPLETING THE REGISTRATION
PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF
YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE
NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES,
CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP
USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT
WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE
IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective
immediately. We reserve the right to change these Terms of Use from time to
time without notice to you. You acknowledge and agree that it is your
responsibility to review this site and these Terms of Use periodically and to
be aware of any modifications. Your continued use of this site after such
modifications will constitute your acknowledgment of the modified Terms of Use and
agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use,
references to our "Affiliates" include our owners, subsidiaries,
affiliated companies, officers, directors, suppliers, partners, sponsors, and
advertisers, and includes (without limitation) all parties involved in
creating, producing, and/or delivering this site and/or its contents.
2. Description of Services
We make various services available
on this site including, but not limited to, merchandise used by celebrities,
public figures, and professional athletes. These items are considered
memorabilia and are valued at a high amount. Merchandise includes sport wear
and equipment as well as props used by celebrities in the media. Fees for the
various services are set out in the membership and service fees described
elsewhere in this site. You are solely responsible for providing, at your own
expense, all equipment necessary to use the services, including a computer and
modem; and your own Internet access (including payment of telephone service
fees associated with such access).
We reserve the sole right to either
modify or discontinue the site, including any features therein, at any time
with or without notice to you. We shall not be liable to you or any third party
should we exercise such right. Modifications may include, but are not limited
to, changes in the pricing structure, the addition of fee-based services, or
changes to limitations on allowable file sizes. Any new features that augment
or enhance the then-current services on this site shall also be subject to
these Terms of Use.
You understand and agree that
temporary interruptions of the services available through this site may occur
as normal events. You further understand and agree that we have has no control
over third party networks you may access in the course of the use of this site,
and therefore, delays and disruption of other network transmissions are
completely beyond our control.
You understand and agree that the
services available on this site are provided "AS IS" and that we
assume no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings.
3. Registration Data and
Privacy
In order to access some of the
services on this site, you will require a separate account and password that
can be obtained by completing our online registration form, which requests
certain information and data ("Registration Data") and maintaining
and updating your Registration Data as required. By registering, you agree that
all information provided in the Registration Data is true and accurate and that
you will maintain and update this information as required in order to keeping
it current, complete and accurate.
You also grant us the right to
disclose to third parties certain Registration Data about you. The information
we obtain through your use of this site, including your Registration Data, is
subject to our Privacy Policy, which is specifically incorporated by reference
into these Terms of Use.
4. Payment of Fees
If you subscribe to a service on
this site that requires payment of a fee, you agree to pay all fees associated
with such service. For all charges for services on this site, we will bill your
credit card. Recurring charges are billed in advance of service. You agree to
provide us with accurate and complete billing information, including valid
credit card information, your name, address and telephone number, and to
provide us with any changes in such information within seven (7) days of the
change.
If, for any reason, your credit
card company refuses to pay the amount billed for the service, you agree that
we may, at our option, suspend or terminate your subscription to the service
and require you to pay the overdue amount by other means acceptable to us. We
may charge a fee for reinstatement of suspended or terminated accounts.
You agree that until your
subscription to the service is terminated, you will continue to accrue charges
for which you remain responsible, even if you do not use the service.
In the event legal action is
necessary to collect on balances due, you agree to reimburse us for all
expenses incurred to recover sums due, including attorney fees and other legal
expenses.
5. Conduct on Site
Your use of the site is subject to
all applicable laws and regulations, including Netiquette, and you are solely
responsible for the contents of your communications through the site. By
posting information in or otherwise using any communications service, chat
room, message board, newsgroup, software library, or other interactive service
that may be available to you on or through this site, you agree that you will
not upload, share, post, or otherwise distribute or facilitate distribution of
any content -- including text, communications, software, images, sounds, data,
or other information -- that:
In addition, you may not use your
account to breach security of another account or attempt to gain unauthorized
access to another network or server. Not all areas of the site may be available
to you or other authorized users of the site. You shall not interfere with
anyone else" s="" use="" and="" enjoyment="" of="" the="" site="" or="" other="" similar="" services.="" users="" who="" violate="" systems="" network="" security="" may="" incur="" criminal="" civil="" liability.="" <="" p="">
You agree that we may at any time,
and at our sole discretion, terminate your membership without prior notice to
you for violating any of the above provisions. In addition, you acknowledge that
we will cooperate fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement authorities
in investigating suspected criminal violations.
6. Third Party Sites and
Information
This site may link you to other
sites on the Internet or otherwise include references to information,
documents, software, materials and/or services provided by other parties. These
sites may contain information or material that some people may find inappropriate
or offensive. These other sites and parties are not under our control, and you
acknowledge that we are not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content of such sites, nor are we
responsible for errors or omissions in any references to other parties or their
products and services. The inclusion of such a link or reference is provided
merely as a convenience and does not imply endorsement of, or association with,
the site or party by us, or any warranty of any kind, either express or
implied.
7. Intellectual Property
Information
For purposes of these Terms of Use,
"content" is defined as any information, communications, software,
photos, video, graphics, music, sounds, and other material and services that
can be viewed by users on our site. This includes, but is in no way limited to,
message boards, chat, and other original content.
By accepting these Terms of Use,
you acknowledge and agree that all content presented to you on this site is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws, and is the sole property of NK Foundation Limited
and/or its Affiliates. You are only permitted to use the content as expressly
authorized by us or the specific content provider. Except for a single copy
made for personal use only, you may not copy, reproduce, modify, republish,
upload, post, transmit, or distribute any documents or information from this
site in any form or by any means without prior written permission from us or
the specific content provider, and you are solely responsible for obtaining
permission before reusing any copyrighted material that is available on this
site. Any unauthorized use of the materials appearing on this site may violate
copyright, trademark and other applicable laws and could result in criminal or
civil penalties.
Neither we or our Affiliates
warrant or represent that your use of materials displayed on, or obtained
through, this site will not infringe the rights of third parties. See "Use
of Your Materials" below for a description of the procedures to be
followed in the event that any party believes that content posted on this site
infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party.
8. User's Materials
Subject to our Privacy Policy, any
communication or material that you transmit to this site or to us, whether by
electronic mail or other means, for any reason, will be treated as
non-confidential and non-proprietary. While you retain all rights in such
communications or material, you grant us and our designated licensees a
non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute,
display, perform, publish, translate, adapt, modify, and otherwise use such
material for any purpose regardless of the form or medium (now known or not
currently known) in which it is used.
Please do not submit confidential
or proprietary information to us unless we have mutually agreed in writing
otherwise. We are also unable to accept your unsolicited ideas or proposals, so
please do not submit them to us in any circumstance.
We respect the intellectual
property of others, and we ask you to do the same. If you or any user of this
site believes its copyright, trademark or other property rights have been
infringed by a posting on this site, you or the user should send notification
to our Designated Agent (as identified below) immediately. To be effective, the
notification must include:
THIS SITE COULD INCLUDE TECHNICAL
OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO
THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS
OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR
SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE
SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE
DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT
YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITIES.
Through your use of the site, you
may have the opportunities to engage in commercial transactions with other
users and vendors. You acknowledge that all transactions relating to any
merchandise or services offered by any party, including, but not limited to the
purchase terms, payment terms, warranties, guarantees, maintenance and delivery
terms relating to such transactions, are agreed to solely between the seller or
purchaser of such merchandise and services and you. WE MAKE NO WARRANTY
REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE,
AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT
YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS,
SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A
THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER
OF OUR AFFILIATES.
Before purchasing products and
services on or through this site, review our Sales Terms and Conditions, which
are incorporated by reference into these Terms of Use.
Content available through this site
often represents the opinions and judgments of an information provider, site
user, or other person or entity not connected with NK Foundation Limited. We do
not endorse, nor are we responsible for the accuracy or reliability of, any
opinion, advice, or statement made by anyone other than an authorized NK
Foundation Limited spokesperson speaking in his/her official capacity. Please
refer to the specific editorial policies posted on various sections of this
site for further information, which policies are incorporated by reference into
these Terms of Use.
In addition, the materials on this
site may include sample or form agreements, letters or other documents,
including financially or legally significant documents such as contracts and
other items ("Forms"). These Forms are provided solely as examples of
typical documents of their kind, and the delivery and use of Forms does not constitute
legal, accounting or other professional advice. Under no circumstances will NK
Foundation Limited or its Affiliates be liable for any loss or damages caused
by your reliance on information or advice obtained through this site, including
your use of any of the Forms. It is your responsibility to evaluate the
accuracy, completeness, or usefulness of any information, opinions, advice,
Forms or other content available on or through this site. In particular, you
are urged to consult an appropriate professional licensed in your jurisdiction
before using any Forms or otherwise relying on any legal, accounting, or other
professional advice or information obtained on or through this site.
SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
10. Limitation of Liability
Your exclusive remedy and our
entire liability, if any, for any claims arising out of these Terms of Use and
your use of this site shall be limited to the amount you paid us for the
services on the site during the one (1) month period before the act giving rise
to the liability.
IN NO EVENT SHALL WE OR OUR
AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH
THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN
ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR
ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING
WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
Upon a request by us, you agree to
defend, indemnify, and hold us and our Affiliates harmless from all
liabilities, claims, and expenses, including attorney" s="" fees="" that="" arise="" from="" your="" use="" or="" misuse="" of="" this="" site.="" we="" reserve="" the="" right,="" at="" our="" own="" expense,="" to="" assume="" exclusive="" defense="" and="" control="" any="" matter="" otherwise="" subject="" indemnification="" by="" you,="" in="" which="" event="" you="" will="" cooperate="" with="" us="" asserting="" available="" defenses.="" <="" p="">
12. Participation in
Promotions
From time to time, this site may
include advertisements offered by third parties. You may enter into
correspondence with or participate in promotions of the advertisers showing
their products on this site. Any such correspondence or promotions, including
the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such correspondence
or promotions, are solely between you and the advertiser. We assume no
liability, obligation or responsibility for any part of any such correspondence
or promotion.
13. E-mail Services
We may make e-mail services
available to users of our site, either directly or through a third-party
provider.
We will not inspect or disclose the
contents of private e-mail messages except with the consent of the sender or
the recipient, or in the narrowly-defined situations provided under the
Electronic Communications Privacy Act, or as other required by law or by court
or governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring
devices or techniques to protect our users from mass unsolicited mailings (also
known as "spam") and/or other types of electronic communications that
we deem inconsistent with our business purposes. However, such devices or techniques
are not perfect, and we will not be responsible for any legitimate
communication that is blocked, or for any unsolicited communication that is not
blocked.
Mailboxes may have a limited
storage capacity. If you exceed the maximum permitted storage space, we may
employ automated devices that delete or block e-mail messages that exceed the
limit. We will not be responsible for such deleted or blocked messages.
14. Use of Site and Storage
of Material
You acknowledge that we may
establish general practices and limits concerning use of the services available
on our site, including without limitation the maximum number of days that
uploaded content will be retained on the site, the maximum disk space that will
be allotted or our servers on your behalf, and the maximum number of times (and
the maximum duration for which) you may access the services in a given period
of time. You agree that we have no responsibility or liability for the deletion
or failure to store any content maintained or transmitted on or through this
site. You acknowledge that we reserve the right to log off accounts which have
not paid a subscription fee that are inactive for an extended period of time.
You further acknowledge that we reserve the right to change these general
practices and limits at any time, in our sole discretion, with or without
notice.
We provide storage space and access
for material through our site. For purposes of these Terms of Use,
"material" refers to all forms of communication that we may allow,
including narrative descriptions, graphics (including photographs,
illustrations, images, drawings, and logos), executable programs, video
recordings, and audio recordings. You may not use this site to publish material
that we determine, at our sole discretion, to be unlawful, indecent, or
objectionable, or which violates the restrictions described in "Your
Conduct on the Site" above. We will not routinely monitor the contents of
your online portfolio. You are solely responsible for any information contained
in your online portfolios. However, if complaints are received regarding
language, content, or graphics contained in your online portfolio, we may, at
our sole discretion, remove the images hosted on our servers and terminate your
Web hosting service. We may also suspend the account, restrict access to it, or
remove content from it if necessary or appropriate.
The accounts of our users operate
on shared resources. Excessive use or abuse of these shared network resources
by one user may have a negative impact on all other users. Misuse of network
resources in a manner that impairs network performance, including excessive
consumption of CPU time, memory, disk space, and session time, is prohibited
and may result in termination of your account or limitation of your activities.
This site is not designed or
intended to be used as a disaster recovery facility or as an emergency data
storage facility. Although we take reasonable precautions to preserve and
protect the material you upload to the site, you should not rely on the site as
your only storage facility. You should preserve backup copies of any digital
data, information or other materials that you have uploaded. You agree not to
hold us for any damage to, any deletion of or any failure to store your files,
data or Registration Data.
15. Security and Password
You are solely responsible for
maintaining the confidentiality of your password and account and for any and
all statements made and acts or omissions that occur through the use of your
password and account, including any mail sent and any charges incurred.
Therefore, you must take steps to ensure that others do not gain access to your
password and account. Our personnel will never ask you for your password. You
may not transfer or share your account with anyone, and we reserve the right to
immediately terminate your account in the event of any unauthorized transfer or
sharing thereof.
16. Export Controls
Software available on or through
this site is subject to United States Export Controls. No software from this site
may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country which the United States has
embargoed goods; or (b) anyone on the United States Treasury Department's list
of Specially Designated Nationals or the United States Commerce Department's
Table of Deny Orders. By downloading or using the software, you represent and
warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
17. International Use
Although this site may be
accessible worldwide, we make no representation that materials on this site are
appropriate or available for use in locations outside the United States, and
accessing them from territories where their contents are illegal is prohibited.
Those who choose to access this site from other locations do on their own
initiative and are responsible for compliance with local laws. Any offer for
any product, service, and/or information made in connection with this site is
void where prohibited.
18. Termination of Use
You agree that we may, in our sole
discretion, terminate or suspend your access to all or part of the site with or
without notice and for any reason, including, without limitation, breach of
these Terms of Use. Any suspected fraudulent, abusive or illegal activity may
be grounds for terminating your relationship and may be referred to appropriate
law enforcement authorities.
Upon termination or suspension,
regardless of the reasons therefore, your right to use the services available
on this site immediately ceases, and you acknowledge and agree that we may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or this site.
We shall not be liable to you or any third party for any claims or damages
arising out of any termination or suspension or any other actions taken by us
in connection therewith. Sections 1, 3, 5-11, 14, and 18-20 of these Terms of
Use, as well as your liability for any unpaid fees, shall survive any
termination.
19. Governing Law
This site (excluding any linked
sites) is controlled by us from our offices within the State of Florida, United
States of America. It can be accessed from all 50 states, as well as from other
countries around the world. As each of these places has laws that may differ
from those of Florida, by accessing this site both of us agree that the
statutes and laws of the State of Florida, without regard to the conflicts of laws
principles thereof and the United Nations Convention on the International Sales
of Goods, will apply to all matters relating to the use of this site and the
purchase of products and services available through this site.
20. Notices
All notices to a party shall be in
writing and shall be made either via e-mail or conventional mail. Notices to us
must be sent to the attention of Customer Service at info@nkfoundation.com.au
You may not assign your rights and
obligations under these Terms of Use to anything party and any purported
attempt to do so shall be null and void. We may free assign our rights and
obligations under these Terms of Use.
You agree not to sell, resell,
reproduce duplicate, copy or use for any commercial purposes any portion of
this site, or use of or access to this site.
In addition to any excuse provided
by applicable law, we shall be excused from liability for non-delivery or delay
in delivery of products and services available through our site arising from
any event beyond our reasonable control, whether or not foreseeable by either
party, including but not limited to, labor disturbance, war, fire, accident,
adverse weather, inability to secure transportation, governmental act or
regulation, and other causes or events beyond our reasonable control, whether
or not similar to those which are enumerated above.
If any part of these Terms of Use
is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full
force and effect.
Any failure by us to enforce or
exercise any provision of these Terms of Use or related rights shall not
constitute a waiver of that right or provision.
23. Contact Information
Except as explicitly noted on this
site, the services available through this site are offered by NK Foundation
Limited, incorporation. If you are a California resident, you may have this
same information e-mailed to you by sending a letter to the foregoing address
with your e-mail address and a request for this information. The Complaint
Assistance Unit of the Division of Consumer Services of the Department of
Consumer Affairs may be contacted in writing at Department of Consumer Affairs< Sacramento, CA
95834, or by telephone at (800) 952-5210. If you notice that any user is
violating these Terms of Use, please contact us at info@nkfoundation.com.au.