Terms and Conditions

Laura Kass™ and Pearl on Purl, LLC ("Laura Kass”) provides their products and services to you subject to the following conditions. If you visit this website, you accept these terms of use. Please read them carefully.

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Laura Kass or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, and data compilations is the property of Laura Kass or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Laura Kass with copyright authorship for this collection by Laura Kass and protected by U.S. and international copyright laws.

In using this site, you agree and acknowledge that intellectual property displayed on our site is the sole and exclusive intellectual property of Laura Kass. This intellectual property includes, but is not limited to, Laura Kass jewelry and product designs, graphics, logos, data, information and photographic images, and may not be copied, reproduced, used, sold, distributed or reproduced without express written consent of Laura Kass,  Information and intellectual property used on our site is provided solely for personal use.

COPYRIGHT POLICY

Laura Kass has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/ dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

It is our policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our content providers, members or users; and (2) remove and discontinue service to repeat offenders.

PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENTS:

If you believe that material or content residing on or accessible through the Company website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address: laura@laurakass.com

TRADEMARKS

Laura Kass’ trademarks and trade dress may not be used in connection with any product or service that is not Laura Kass in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Laura Kass. All other trademarks not owned by Laura Kass or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Laura Kass or its subsidiaries. 

Your use of the trademarks, service marks, trade dress and copyrighted material displayed on this website is strictly prohibited. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Laura Kass reserves complete title and full intellectual property rights in any content you download form this Web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works form the content.

LICENSE AND SITE ACCESS

Laura Kass grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Laura Kass. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Laura Kass. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Laura Kass and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Laura Kass name or trademarks without the express written consent of Laura Kass. Any unauthorized use terminates the permission or license granted by Laura Kass. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Laura Kass so long as the link does not portray Laura Kass, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Laura Kass logo or other proprietary graphic or trademark as part of the link without express written permission. 

In order to be able to make the laurakass.com website (the “Site”) available to you, Laura Kass, Inc. (“Laura Kass”) requires you to agree to and abide by the requirements set out below (“Terms”). If you do not agree to all these Terms, you do not have any right to use the Site or services. Laura Kass’ acceptance is expressly conditioned upon your assent to all these Terms, to the exclusion of all other terms; if these Terms are considered an offer by Laura Kass, acceptance is expressly limited to these Terms.

In order to be able to make the laurakass.com website (the “Site”) available to you, Laura Kass, Inc. (“Laura Kass”) requires you to agree to and abide by the requirements set out below (“Terms”). If you do not agree to all these Terms, you do not have any right to use the Site or services. Laura Kass’ acceptance is expressly conditioned upon your assent to all these Terms, to the exclusion of all other terms; if these Terms are considered an offer by Laura Kass, acceptance is expressly limited to these Terms.

ELIGIBILITY

·        You must be at least 18 years of age to use the Site or have a legal guardian agree that you can use the Site.

·        If you are using the Site on behalf of a business, then you must have authority, and your use of the Site is a warranty that you have the authority, to bind that business to these Terms.

·        You are responsible for ensuring that your use of the Site complies with all laws, rules and regulations applicable to you. These Terms are void and use of the Site is revoked where use is prohibited.

MODIFICATIONS

·        Laura Kass reserves the right, in its sole discretion, to change these Terms at any time by posting a notice on the Site. You are responsible for reviewing and becoming familiar with any such modifications. If you don’t agree with the new terms, please don’t continue using the Site. Continued use of the Site after we post new Terms constitutes an acknowledgement that you agree to such new Terms.

·        Laura Kass maintains other policies, guidelines, and requirements posted on the Site from time to time. We expect that you will, and you agree to, abide by any other requirements posted on the Site. Your use of the Site is subject to all of these policies, guidelines, and other requirements which are incorporated into these Terms.

YOUR ACTIVITIES ON LAURA KASS

You are solely responsible for your conduct and activities on and regarding the Site:

You agree and understand that:

·        You are solely responsible for your conduct on the Site, including for any data, text, information, graphics, profiles, audio, and video that you post, submit or display on the Site.

·        When posting images that we host on the Site to outside websites you must include a link back to the Site and the page on which that image or content appears, and otherwise comply with these Terms.

·        Should you choose to use the community features of the Site, such as commenting, social networking, etc., please be aware that any personal information (such as name, phone number, address, email address, etc.) that you elect to share will be shown to other users of Laura Kass. Therefore, do not post such information unless you intend it to be available to the public.

Your use of the Site shall not:

·        Infringe upon our designer's rights. If you reproduce, sell, modify our designs, post our designs to other sites without a link back to Laura Kass, you will be infringing upon Laura Kass' copyright and other rights.

·        Be unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person. We are attempting to create a community at Laura Kass and will not tolerate users that threaten, impersonate, abuse or harass other Laura Kass users or act in any way that is outside of these Terms or the spirit of Laura Kass.

·        Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.

·        Use Laura Kass for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.

·        Do anything on Laura Kass that is fraudulent or involves the sale of illegal, counterfeit, stolen items, this includes designers misrepresenting work as their own and buyers attempting to reproduce a designer’s merchandise.

·        Modify, adapt, disassemble or otherwise change or interfere with the use of Laura Kass.

·        Upload, post or display any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

·        Post, submit or display anything that is false, inaccurate, misleading, defamatory, trade libelous, unlawfully threatening, unlawfully harassing, obscene, profane, vulgar, offensive, or otherwise not appropriate, as determined by us.

·        Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).

·        Impersonate any other user or person or entity.

·        Post links that violate these Terms or that link to other sites that may contain the same or similar merchandise as listed here or a design by the same designer.

·        Link to the Site in a manner that would create an association between Laura Kass and another site, or indicate that Laura Kass approves, endorses or is otherwise related to another site.

·        Interfere with or disrupt use of the Site or violate the security, servers or networks of the Site.

·        Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

·        Create or submit through or otherwise use Laura Kass to engage in any unwanted email solicitations, spam, or other business that is unrelated to Laura Kass.

OUR RIGHTS/RESPONSIBILITIES

·        Laura Kass will use reasonable efforts to ensure that the Site is available twenty-four hours a day, seven days a week. However, the Site may not be continuously available due to maintenance, upgrades and emergency repairs to our software, hardware or infrastructure.

·        Laura Kass reserves the right to refuse service to anyone for any reason at any time.

·        We may need to change or discontinue certain aspects of the Site. We may do so with or without notice to you.

·        Laura Kass may, but has no obligation to, remove content ("content" includes, for example, items, item descriptions, and information submitted in the forums) that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, these Terms, the Privacy Policy, or other policy documents and community guidelines as posted on the Site.

·        By uploading content to the Site, you agree to allow other Laura Kass users to view and comment on the content and you agree to allow Laura Kass to display the content on the Site, and store, modify, reformat, distribute and otherwise use and exploit the content forever as we see fit.

·        Laura Kass, and all content, trademarks, logos, designs, graphics, images, audio, video, software are owned by us and our licensors. Laura Kass is protected by United States and international copyright laws, and all rights are reserved by us and our licensors.

·        If we feel that it is within our best interest, we may cooperate with law enforcement, court, third party or government investigations if we are requested or directed to comply.

THIRD PARTY SERVICES

Laura Kass may enable you to use third party services, such as Twitter, Facebook, blogging sites, emailing content, etc. Laura Kass may also contain links to websites outside the Site. When you use these third party services or link to another website, you are no longer dealing directly with Laura Kass. Before using any of these features, you should review the terms of service and privacy policies of any such third party provider.

CHECKOUT/SHIPPING/RETURNS

·        Laura Kass uses a third party to process payments for purchases that you make on the Site. These third party agents have separate Terms and Conditions that you must agree to as part of the checkout process. We are not responsible for their Terms and Conditions or for the security and privacy of any credit card or other personal information that you submit through them.

·        We will ship orders in accordance with your requests at checkout. All orders will be subject to our Shipping Policy.

·        Returns and refunds are governed by our Return Policy.

PRIVACY

Laura Kass takes your privacy seriously. Please review our Privacy Policy, which describes how we handle information about you. Remember, however, as stated above, we do not process your financial or payment information. You should refer to the Terms and Conditions of our provider for how they will handle your credit card and other important information.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Laura Kass reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Laura Kass and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Laura Kass and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Laura Kass or its associates for all claims resulting from content you supply. Laura Kass has the right but not the obligation to monitor and edit or remove any activity or content. Laura Kass takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Laura Kass are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Laura Kass and its associates attempt to be as accurate as possible. However, Laura Kass does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, error-free, or that there will be no inaccuracies and interruptions in the use of this site. Please do not hesitate to contact us with any questions about our products, services or website. If a product offered by Laura Kass itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by Laura Kass on an "as is" and "as available" basis. Laura Kass makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Laura Kass disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Laura Kass does not warrant that this site, its servers, or e-mail sent from Laura Kass are free of viruses or other harmful components. Laura Kass will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

APPLICABLE LAW

By visiting Laura Kass, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Laura Kass™ or its associates.

DISPUTES

Any dispute relating in any way to your visit to Laura Kass or to products you purchase through Laura Kass shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate Laura Kass’ intellectual property rights, Laura Kass may seek injunction or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Laura Kass We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS?

Questions regarding our Terms of Usage, Privacy Policy, or other policy related material can be directed to us by clicking on the "Contact" link in the footer of this page. Or you can email us directly at: laura@laurakass.com