Welcome to Nakoda Ornaments. These terms & conditions apply to the “The Company” website located at nakodaornaments.com and all other sites, mobile sites, services, applications, platforms and tools where these terms & conditions appear or are linked (collectively, the "site"). This is a legal agreement between Nakoda Ornaments hereinafter referred to as “The Company” and the user of this website. As used in these terms & conditions, "“The Company”", "us" or "we" refers to “The Company” corporation and its subsidiaries and affiliates.
Please read the following carefully as it affects your legal rights. These terms & conditions contain an agreement to arbitrate that requires the use of arbitration on an individual basis to resolve disputes rather than jury or any other court proceedings, or class actions of any kind.
By accessing or otherwise using the site you agree to these terms & conditions. Any person or entity who interacts with the site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the site. If at any time you do not accept all of these terms & conditions, you must immediately stop using the site. Certain areas within the site may be governed by additional terms ("additional terms"). By using those areas of the site, you agree to the additional terms. The additional terms are incorporated into these terms & conditions, and any reference to these terms & conditions includes the additional terms.
To notify us of a suspected copyright infringement, you can contact us.
Include the following or please consult your legal counsel.
1. The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. A description or identification of the copyrighted work you claim has been infringed.
3. A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.
4. Your address, telephone number, and e-mail address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
Repeated violations of others' copyrights may result in a loss of privileges.
License to use
“The Company” grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of “The Company” or any third party. You may not use any meta tags or any other "hidden text" utilizing “The Company” name, trademark, or product name without our express written consent. "Site Materials" means all materials on the Site, including, without limitation, trademarks (as specifically defined in these Site Terms), design, product description, HTML text, graphics, other files, photographs, codes, software layout, design forms and the selection and arrangement thereof.
We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of the Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
Except as stated in the Site Terms, none of the materials and intellectual property described in these Site Terms (including the Site Materials) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of “The Company” or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Site (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of “The Company”, is strictly prohibited.
Registration and accounts
If you register on the Site, you agree that any information you provide to us will be current, accurate and complete, and you will promptly update this information if it changes.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to postings on the Site ("Submissions") are non-confidential (subject to our Privacy Statement) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns. The foregoing license does not apply to the Photo Content defined.
By using the Site, you agree not to do any of the following:
Upload to, distribute, create through or otherwise publish through the Site any Submission ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, contains nudity, or is otherwise objectionable;
Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Upload to, distribute or otherwise publish through the Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam" (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email), or offering or disseminating fraudulent goods, services, schemes or promotions;
Upload any Content that contains any private or personal information of a third party without such third party’s consent; and
Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
All access to and use of the Site are governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on the Site. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. “The Company” has the right, but not the obligation, to take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that “The Company” believes in its sole discretion may violate applicable law, the Site Terms or a third party's rights. “The Company” takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Responsibility for Your
You represent and warrant that you have and will retain all rights necessary to grant the licenses to “The Company” under these Terms. You remain solely liable for the Content or other information you upload or transmit to the discussion forums or interactive areas of the Site, including the Photo Services. You agree to indemnify and hold harmless “The Company” and its parents, employees, agents and representatives from any third-party claim, action, demand, loss, or damages (including attorneys' fees) arising out of or relating to your conduct, your actual or attempted violation of these Site Terms or any applicable law, your Submissions (including Content and Photo Content), your violation of any rights of a third party, or the acts or omissions of a third party who has authority to access or use the Site on your behalf or arising out of your violation of these Site Terms.
User IDs and
If you use a password to access the Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to the device you use to access the Site, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify us immediately. We reserve the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account, changing your, password or requesting information to authorize transactions on your account. While “The Company” takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. In no event we will be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of us under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password.
Cancellation and suspension of
Notwithstanding any of the Site Terms, reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site if you violate any of these Site Terms or policies. Upon termination, these Site Terms shall still apply.
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
Responsibility for Your
You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
Permission to Use Your
By posting Your Content through our Services, you grant “The Company” a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help “The Company” function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
Inappropriate, False, or
This should be common sense, but there are certain types of content we don’t want posted on “The Company”’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
we think that you are creating problems or possible legal liabilities;
we think that such restrictions will improve the security of community or reduce our or another user's exposure to financial liabilities;
we think that you are infringing the rights of third parties;
we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
you fail to make full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
Neither “The Company” nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the services are provided “as is” and without any warranty of any kind from “The Company” or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). The services and content are provided by “The Company” (and its licensors and suppliers) on an “as-is” basis, without warranties or any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Limitations and exclusions of liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall “The Company” (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) the amounts paid by you to “The Company” or (ii) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
To the fullest extent allowed by applicable law, You agree to indemnify and hold, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
When buying an item, you agree to comply with the rules for buyers and that:
you are responsible for reading the full item listing before making a bid or commitment to buy;
you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted);
Third party websites
“The Company” makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Site, or web sites linking to the Site.
Trademarks owned by “The Company”, and their respective designs and/or logos are either trademarks or registered trademarks and may not be copied, imitated or used, in whole or in part, without the prior written permission of “The Company”. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of “The Company”, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of “The Company”. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
You may not assign, delegate or transfer these Terms or your rights or obligations here under, or your Services account, in any way (by operation of law or otherwise) without “The Company” prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
Third party rights
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the “The Company” may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and “The Company” agree that these Terms are the complete and exclusive statement of the mutual understanding between you and the provider and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, our joint venture, and you do not have any authority of any kind to bind “The Company” in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Applications, you and “The Company” agree there are no third party beneficiaries intended under these Terms.
Law and jurisdiction
If a dispute arises between you and “The Company”, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of city where the business is registered. You and “The Company” both agree to submit to the non-exclusive jurisdiction of the Courts. Residing city, state laws shall be applicable.
Statutory and regulatory disclosures
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If you have any questions about this Terms and Conditions, please contact us.