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Terms of Use
SILIKIDS.COM TERMS OF USE
Thank you for visiting www.silikids.com (the "Website"). This Website is
operated by Silikids, LLC., located at 4734 Eagle Rock Blvd, #1139, Los
Angeles, CA 90041. Your access to and use of this Website is subject to the
following terms of use ("Terms of Use") and all applicable laws.
DEFINITIONS
The terms "Silikids", "we", "us" and "our" when used in these Terms of Use
means Silikids and its subsidiaries, divisions, branches, affiliates or
companies under common ownership or control of Silikids.
The terms "you" and "your" when used in these Terms of Use means any user of
this Website.
AGREEMENT
Access to and use of this Website and the information, materials, products
and services available through this Website are subject to all applicable
laws and regulations and to these Terms of Use. By accessing, browsing, and
shopping at this Website, you accept, without limitation or qualification,
these Terms of Use, which form a legally binding agreement. If you do not
agree, please exit this Website.
These Terms of Use may be changed by from time to time without specific
notice to you. The latest Terms of Use will be posted on the Website, and
you should always review these Terms of Use prior to using the Website to
ensure that you have a current understanding of the Terms of Use under which
you are permitted to access this Website. If you cannot access the Terms of
Use via the Internet, we can provide a copy of the most recent Terms of Use
by e-mail upon request. Please e-mail us at the e-mail address listed at the
end of these Terms of Use.
ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION,
MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS
THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE
VIOLATES APPLICABLE LAWS OR REGULATIONS.
OWNERSHIP
Unless otherwise indicated, this Website and its design, text, content,
selection and arrangement of elements, organization, graphics, design,
compilation, magnetic translation, digital conversion and other matters
related to this Website ("Content") are protected under applicable
copyrights, trademarks and other proprietary (including, but not limited to,
intellectual property) laws, including without limitation those of the
United States, and all Content and intellectual property rights therein are
the property of Silikids or the material is included with the permission of
the rights owner and is protected pursuant to applicable copyright and
trademark laws. ALL RIGHTS RESERVED.
The posting of any such elements on this Website does not constitute a
waiver of any right in such elements. You do not acquire ownership rights to
any such elements viewed through this Website. Except as otherwise provided
herein, none of these elements may be used, copied, reproduced, distributed,
republished, downloaded, modified, displayed, posted or transmitted in any
form or by any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without our express prior written
permission.
Permission is hereby granted to the extent necessary to lawfully access and
use this Website and/or information, materials, products and/or services
available on it to display, download, archive and print in hard copy,
portions of this Website on a temporary basis and for your individual use
only, provided you do not modify the materials and that you retain any and
all copyright and other proprietary notices contained in the materials.
TRADEMARKS
The Silikids logo, all product names, all page headers, all custom graphics,
all button icons, all trademarks, service marks and logos appearing on this
Website, unless otherwise noted, are service marks, trademarks (whether
registered or not) and/or trade dress of Silikids (the "Marks"). All other
trademarks, product names, company names, logos, service marks and/or trade
dress mentioned, displayed, cited or otherwise indicated on the Website are
the property of their respective owners. You are not authorized to display
or use the Marks in any manner without our prior written permission. You are
not authorized to display or use trademarks, product names, company names,
logos, service marks and/or trade dress of other owners without the prior
written permission of such owners. The use or misuse of the Marks or other
trademarks, product names, company names, logos, service marks and/or trade
dress or any other materials contained herein, except as permitted herein,
is expressly prohibited.
You may not distribute products or offer services under or by reference to
or otherwise use or reproduce any such trade marks, trade names or service
marks, or use any meta tags or any other "hidden text" utilizing any such
trademarks, trade names or service marks, without the express prior written
permission of Silikids or the owner of such trade marks, trade names or
service marks.
SUBMISSIONS
We welcome your comments regarding the Silikids.com website. However, any
comments, testimonials, feedback, notes, messages, ideas, suggestions or
other communications (collectively, "Comments") sent to Silikids.com shall
be and remain the exclusive property of Silikids. Your submission of any
Comments shall constitute an assignment to Silikids of all worldwide rights,
titles and interests in all copyrights and other intellectual property
rights in the Comments. Silikids will be entitled to use, reproduce,
disclose, publish and distribute any material you submit for any purpose
whatsoever, without restriction and without compensating you in any way. For
this reason, we ask that you not send us any comments that you do not wish
to assign to us, including any confidential information or any original
creative materials such as stories, product ideas, computer code or original
artwork.
HYPERLINK DISCLAIMER
This Website may contain links and/or advertisements to other websites
maintained by us in addition to links to websites maintained by unrelated
companies and persons. An advertisement of, or link to, a non-Silikids
website does not mean that we approve, endorse or accept any responsibility
for that website, its content or use, or the use of products and services
made available through such website.
We are not responsible for the actions, content, accuracy, opinions
expressed, privacy policies, products or services provided through these
links or made available through these resources or appearing in such
websites, nor for any damages or losses, directly or indirectly, caused or
alleged to have been caused as a result of your use or reliance on such
websites.
Such websites are not investigated, monitored or checked for accuracy,
completeness or conformance with applicable laws and regulations by us. We
do not make any representations whatsoever, or give any warranties of any
kind, expressed, implied, or otherwise about other websites which you may
access through this Website, the content thereof, or the products and/or
services made available through such websites. If you decide to leave our
Website and access these other websites, you do so at your own risk. All
rules, policies (including privacy policies) and operating procedures of
such websites will apply to you while on such websites.
DATA PROTECTION CONSENT
By agreeing to these Terms of Use, you agree to the terms of our Privacy
Policy. Before using this Website please read through all these documents
carefully. All personal data provided to us as a result of your use of this
Website will be handled in accordance with our Privacy Policy. Posting or
transmitting of any unlawful, threatening, libelous, defamatory, obscene,
pornographic or profane material or any material that could constitute or
encourage conduct that would be considered a criminal offense or violation
of any law is strictly prohibited.
We reserve the right to monitor your communications with us whether by mail,
voice, fax, e-mail or any other form of transmission for the purposes of
quality control, security and other business needs.
NO WARRANTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS
CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY
AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY
WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS
SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS
(INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO
WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH
WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY
REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION,
MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR
OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS,
EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
The information and all other materials on this Website are provided for
general information purposes only and do not constitute professional advice.
It is your responsibility to evaluate (or take professional advice on) the
accuracy and completeness of all information, statements, opinions and other
material on this Website or any website with which it is linked.
Your statutory rights as a consumer, if any, are not affected by these
provisions, and we do not seek to exclude or limit liability for fraudulent
misrepresentation.
EXCLUSION OF LIABILITY
To the fullest extent permitted by applicable laws we, on behalf of our
employees, agents, suppliers, and contractors, exclude AND DISCLAIM
liability for any losses and expenses of whatever nature and howsoever
arising including, without limitation, any direct, indirect, special,
punitive, or consequential damages, loss of use, loss of data, loss caused
by a virus, loss of income or profit, loss of or damage to property, claims
of third parties, or other losses of any kind or character, even if we have
been advised of the possibility of such damages or losses, arising out of or
in connection with the use of this website or any website with which it is
linked. You assume total responsibility for establishing such procedures for
data back up and virus checking as you consider necessary. THIS LIMITATION
OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
These Terms of Use give you specific legal rights and you may also have
other rights which vary from country to country. Some jurisdictions do not
allow the exclusion of implied warranties, or certain kinds of limitations
or exclusions of liability, so the limitations & exclusions set out in these
Terms of Use may not apply to you. Other jurisdictions allow limitations and
exclusions subject to certain conditions. In such a case the limitations and
exclusions set out in these Terms of Use shall apply to the fullest extent
permitted by the laws of such applicable jurisdictions.
YOUR OBLIGATIONS
You are responsible for providing and maintaining all personal computer and
communications equipment and Internet access accounts necessary to gain
access to this Website.
In consideration of your use of the Website, you agree to provide true,
accurate, current and complete information about yourself.
Your account, including your username and password, are personal to you and
may not be used by anyone else. You are responsible for maintaining the
confidentiality of your password and username and are fully responsible for
all activities that occur under your password or username by you or by
anyone else using your username and password, whether or not authorized by
you. You agree to immediately inform us of any apparent breaches of security
such as loss, theft or unauthorized disclosure or use of your username or
password (contact Silikids at info@silikids.com) and until we are so
notified you will remain liable for any unauthorized use of your account.
You agree to use the Website in a manner consistent with any and all
applicable rules and regulations. You agree not to upload or transmit
through the Website any computer viruses, trojan horses, worms or anything
else designed to interfere with, interrupt or disrupt the normal operating
procedures of a computer. Any unauthorized modification, tampering or change
of any information, or any interference with the availability of or access
to this Website is strictly prohibited. Silikids reserves all rights and
remedies available to it.
You agree to indemnify, release and hold us harmless as well as our
officers, directors, agents, representatives and employees from any claim,
liability, loss, expense or demand, including legal fees, related to your
violation of these Terms of Use or your access or use of this Website
(including any information, materials, products or services available
through this Website).
MODIFICATION AND DISCONTINUATION
We reserve the right at any time and from time to time to modify, edit,
delete, suspend or discontinue, temporarily or permanently this Website (or
any portion thereof) and/or the information, materials, products and/or
services available through this Website (or any part thereof) with or
without notice. You agree that we shall not be liable to you or to any third
party for any such modification, editing, deletion, suspension or
discontinuance of this Website.
ENTIRE UNDERSTANDING
These Terms of Use (together with our Privacy Policy, which is expressly
incorporated herein) contain the entire understanding between you and us
with respect to use of this Website and no representation, statement,
inducement oral or written, not contained herein shall bind any party to
this agreement.
SEVERABILITY AND NON-WAIVER
Our failure to enforce any provision of these Terms of Use shall not be
deemed a waiver of such provision nor of the right to enforce such
provision, and a waiver by us of any right under these Terms of Use on any
occasion will not in any way constitute a waiver of such right or any other
right on any other occasion. In the event any provision of these Terms of
Use is determined to be invalid, such invalidity will not affect the
validity of the remaining portions of these Terms of Use, and the parties
will substitute for the invalid provision a provision which most closely
approximates the intent and economic effect of the invalid provision. These
Terms of Use will apply in lieu of and notwithstanding any specific legend
or statement associated with any particular document or information
exchanged.
LAW & JURISDICTION
These Terms of Use shall be subject to, governed by and construed under the
laws of the State of California in the United States of America, without
regard to conflict of law principles. This Website is operated from the
State of California and is intended to be accessed only by persons in the
United States and Canada. Access to, or use of, this Website or information,
materials, products and/or services on this Website may be prohibited by law
in certain countries or jurisdictions. You are responsible for compliance
with any applicable laws of the country from which you are accessing this
Website.
You hereby consent and waive all objection to the exclusive jurisdiction of
the federal and state courts in the State of California and venue therein to
resolve any controversy or claim of whatever nature arising out of or
relating to use of this Website. However, we retain the right to bring legal
proceedings in any jurisdiction where we believe that infringement of this
agreement is taking place or originating.
CONTACTING US
If you have any questions regarding these Terms of Use or any other matter,
you may email us at ifno@silikids.com.
You may also contact us at:
Silikids, Inc.
4734 Eagle Rock Blvd. #1139
Los Angeles, CA 90041
866-789-7454
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