Terms& Conditions
Last updated: January 27, 2019
OVERVIEW
Please read these Terms and Conditions (“Terms”, “Terms and
Conditions”) carefully before using the https://sandrameynierkang.com website
(the “Service”) operated by SMK (“us”, “we”, or “our”). Your access to and use
of the Service is conditioned on your acceptance of and compliance with these
Terms. These Terms apply to all visitors, users and others who access or use
the Service. By accessing or using the Service you agree to be bound by these
Terms. If you disagree with any part of the terms then you may not access the
Service.
COMMUNICATIONS
By creating an Account on our service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we may
send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or instructions
provided in any email we send.
PURCHASES
If you wish to purchase any product or service made available
through the Service (“Purchase”), you may be asked to supply certain
information relevant to your Purchase including, without limitation, your
credit card number, the expiration date of your credit card, your billing
address, and your shipping information.
You represent and warrant that: (i) you have the legal right to
use any credit card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true, correct and
complete.
The service may employ the use of third party services for the
purpose of facilitating payment and the completion of Purchases. By submitting
your information, you grant us the right to provide the information to these
third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time
for reasons including but not limited to: product or service availability,
errors in the description or price of the product or service, error in your
order or other reasons.
We reserve the right to refuse or cancel your order if fraud or
an unauthorized or illegal transaction is suspected.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating product and service offerings on the
Service. We may experience delays in updating information on the Service and in
our advertising on other web sites. The information found on the Service may
contain errors or inaccuracies and may not be complete or current. Products or
services may be mispriced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any information
found on the Service.
We therefore reserve the right to change or update information
and to correct errors, inaccuracies, or omissions at any time without prior
notice.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
Any contests, sweepstakes or other promotions (collectively,
“Promotions”) made available through the Service may be governed by rules that
are separate from these Terms & Conditions. If you participate in any
Promotions, please review the applicable rules as well as our Privacy Policy.
If the rules for a Promotion conflict with these Terms and Conditions, the Promotion
rules will apply.
ACCOUNTS
When you create an account with us, you must provide us
information that is accurate, complete, and current at all times. Failure to do
so constitutes a breach of the Terms, which may result in immediate termination
of your account on our Service.
You are responsible for safeguarding the password that you use
to access the Service and for any activities or actions under your password,
whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You
must notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
INTELLECTUAL PROPERTY
The Service and its original content, features and functionality
are and will remain the exclusive property of SMK and its licensors. The
Service is protected by copyright, trademark, and other laws of both the United
States and foreign countries. Our trademarks and trade dress may not be used in
connection with any product or service without the prior written consent of
SMK.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or
services that are not owned or controlled by SMK.
SMK has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that SMK shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and
privacy policies of any third-party web sites or services that you visit.
TERMINATION
We may terminate or suspend access to our Service immediately,
without prior notice or liability, for any reason whatsoever, including without
limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without
prior notice or liability, for any reason whatsoever, including without
limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately
cease. If you wish to terminate your account, you may simply discontinue using
the Service.
All provisions of the Terms which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless SMK and its
licensee and licensors, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney’s fees), resulting from or arising out of
a) your use and access of the Service, by you or any person
using your account and password;
b) a breach of these Terms, or
c) Content posted on the Service.
LIMITATION OF LIABILITY
In no event shall SMK, nor its directors, employees, partners,
agents, suppliers, or affiliates, be liable for any indirect, incidental,
special, consequential or punitive damages, including without limitation, loss
of profits, data, use, goodwill, or other intangible losses, resulting from (i)
your access to or use of or inability to access or use the Service; (ii) any
conduct or content of any third party on the Service; (iii) any content
obtained from the Service; and (iv) unauthorized access, use or alteration of
your transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have been
informed of the possibility of such damage, and even if a remedy set forth
herein is found to have failed of its essential purpose.
DISCLAIMER
Your use of the Service is at your sole risk. The Service is
provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided
without warranties of any kind, whether express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a particular
purpose, non-infringement or course of performance. SMK its subsidiaries,
affiliates, and its licensors do not warrant that a) the Service will function
uninterrupted, secure or available at any particular time or location; b) any errors
or defects will be corrected; c) the Service is free of viruses or other
harmful components; or d) the results of using the Service will meet your
requirements.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain
warranties or the exclusion or limitation of liability for consequential or
incidental damages, so the limitations above may not apply to you.
GOVERNING LAW
These Terms shall be governed and construed in accordance with
the laws of France, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms
will not be considered a waiver of those rights. If any provision of these
Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service, and supersede and replace
any prior agreements we might have between us regarding the Service.
CHANGES
We reserve the right, at our sole discretion, to modify or
replace these Terms at any time. If a revision is material we will try to
provide at least 30 days notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions
become effective, you agree to be bound by the revised terms. If you do not
agree to
the new terms, please stop using the Service.
CONTACT US
If you have any questions
about these Terms, please contact us.