A. APPLICABLE SITES
These Legal Notices apply to Miss Kate England and misskateengland.com. They do not apply to other online or offline Miss Kate England websites, products or services.
B. COPYRIGHT NOTICE
Copyright © misskateengland.com. All rights reserved. All materials found on any of the Sites are protected by United States and international copyright laws and treaty provisions and may not be reproduced, copied, edited, published, transmitted, uploaded, distributed, publicly performed or otherwise used in any manner, except with the prior express permission of Miss Kate England.
C. REQUESTING REPRODUCTION PERMISSIONS
No materials found or located on any Miss Kate England Site may be reproduced or used for commercial purposes without the prior written permission of Miss Kate England. You may email Miss Kate England to request permission: enquiries [at] misskateengland.com.
D. USER AGREEMENT
• an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed;
• a description of where the material that you claim is infringing is located on the Site; your mailing address, telephone number and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and;
• a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
2. FORUMS AND DISCUSSIONS 1. The Sites may make available comments sections, chat rooms, forums, message boards, and/or news groups to its users (“Public Forum(s)”). You shall not upload to, or distribute or otherwise publish through, a Public Forum any content which is illegal, libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive, 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.” Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language. 2. You represent and warrant that you own or otherwise control all rights to any content that you post to any Public Forum; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Miss Kate England for all claims resulting from content you supply. 3. The Public Forums within the Sites are provided to give Miss Kate England users an interesting and stimulating forum in which they may express opinions and share ideas. Miss Kate England does not endorse the opinions reflected on these Public Forums. You acknowledge that any Submissions may be reproduced, published, transmitted, edited, removed, modified, used and/or displayed by Miss Kate England in any manner pursuant to Section 1.4 above. 4. You may only use the Public Forums in a noncommercial manner. You shall not, without the express prior approval of Miss Kate England, use the Public Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote websites or online services that are competitive with Miss Kate England and the Service or otherwise. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type through the Public Forums. 5. While Miss Kate England does not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these messages, Miss Kate England reserves the right to delete, move or edit messages that Miss Kate England, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. Miss Kate England takes no responsibility and assumes no liability for any content posted by you or any third party. You shall remain solely responsible for the content of your messages.
3. ACCESS AND AVAILABILITY OF SERVICES AND LINKS 1. The Sites may contain links to other websites, resources and sponsors of Miss Kate England. Selection of any banner advertisement or link may redirect you off of an Miss Kate England Site to a third party website. Interactions and/or transactions that occur between you and any such third party are strictly between you and that third party and are not the responsibility of Miss Kate England. Miss Kate England is not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Miss Kate England does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or webmaster of the third party website.
4. REGISTRATION AND SECURITY 1. In order to access certain areas of the Sites and to post comments to the Public Forums, you will be required to register and, in the case of members’ areas on the Sites, pay for such access. You must agree to abide by all of the terms and conditions contained in the Agreement in order to become or remain an authorized subscriber or member of any of the Sites. 2. In order to register and subscribe for a paid membership to one of the Sites, you must indicate agreement with the terms and conditions of this Agreement by checking the “Yes, I am eighteen (18) years of age or older and I agree to the Terms and Conditions listed” checkbox on the registration page. You will not be allowed to subscribe to the Sites before clicking that checkbox. Read and reread this Agreement as often as you want before subscribing to the Sites. If you do not wish to agree the terms and conditions of this Agreement, do not click the “Continue” or “Confirm Order” buttons during the signup process. You understand, however, that you will not be subscribed for a paid membership to the Sites unless you agree to the terms and conditions of this Agreement by clicking on the button as set forth above. Miss Kate England reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement at any time. Occasionally, Miss Kate England may ask you to accept the terms of such changes to continue using the Sites. 3. As part of the registration/subscription process, you will select a username and password (collectively, a “Site ID”). You agree to provide Miss Kate England with accurate, complete and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (a) select or use a screen name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any person other than yourself without authorization; or (c) use a screen name that Miss Kate England, in its sole discretion, deems offensive. 4. You are solely responsible for maintaining the confidentiality of your Site ID and shall notify Miss Kate England of any known or suspected unauthorized use(s) of your account, Site ID or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit card information. 5. You are responsible for all usage or activity on your account to any of the Sites. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account at Miss Kate England’s sole discretion, and you may be referred to appropriate law enforcement agencies. 6. You must be eighteen (18) years of age (or twenty-one (21) years of age in some jurisdictions) or older to subscribe to any of the Sites. 7. IF THIS AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE, YOU MAY CANCEL YOUR PAID SUBSCRIPTION BY REQUESTING AN ORDER CANCELLATION FROM A LINK IN THE MEMBERS’ SERVICES SECTION. YOUR CONTINUED USE OF ANY SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF SUCH RULES, CHANGES OR MODIFICATIONS.
5. FEES AND PAYMENTS 1. Miss Kate England reserves the right at any time to charge fees or change the price for access to any of the Sites. In the event that Miss Kate England so elects, it shall post notice in the Members’ section of the applicable Site. You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Sites by Miss Kate England or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You will not receive access to any service until subscription fees have been received by Miss Kate England. Subscription fees are not refundable in whole or in part, even in the event your account is terminated by you or by Miss Kate England. In the event of termination, your paid subscription will remain active through the end of the subscription term. You are responsible for the payment of any and all applicable taxes relating to use of the Sites through your account. Your right to use the Sites is subject to any limits established by Miss Kate England in its sole discretion. 2. You understand that your paid subscription will renew automatically at the end of your subscription period until you request a cancellation (See Section 11 regarding Termination), and you hereby authorize Miss Kate England (or its service provider) to charge your chosen payment method to pay for the ongoing fees relating to your subscription. 3. In the event that Miss Kate England issues a refund, the refund will be credited solely to the payment method used in the original transaction. Miss Kate England will not issue refunds by cash, check or to another credit card or payment mechanism. 4. To complete your purchase you may be transferred to the secured servers of CCBill, Segpay, GMBill and/or their providers (“Service Provider”), an independent company providing subscription payment processing and other billing services for website operators, such as the owner and operator of this Site. Neither Service Provider nor any person or company related to Service Provider holds any ownership interest in this Site, nor receives any financial benefit from this Site, other than a fee paid by the owner of this Site to Service Provider for the services performed by Service Provider. Service Provider has no control over the site HAS NO CONTROL OVER THE SITE, or any of the design, layout, content, subject matter, products, services or persons that appear in or on or that are linked to the Site, or the geographical areas into which it may disseminate, broadcast or permit the downloading of or access to the content or services offered by the Site. Accordingly, Service Provider makes absolutely no representations and/or warranties, and provides no assurances, regarding the Site, the Site owner, or the quality, availability, legality or description of the products and/or services offered thereon. SERVICE PROVIDER EXPRESSLY DISCLAIMS ANY WARRANTIES OF CLIENT’S ABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS SITE AND/OR THE PRODUCTS AND SERVICES OFFERED HEREON. Any disputes arising in connection with this Site, or the products and/or services being offered or purchased, are between you and the owner of this Site. In certain circumstances, Service Provider may provide subscription and billing customer service for the Site, in which case Service Provider may be handling such disputes. In all other cases, disputes related to the Products and Services should be directed to the contact information contained on the Site; however, you should feel free to contact Service Provider in the event that you feel that the Site operator acted fraudulently, or you were misled in any way. Service Provider urges you to carefully read the Terms and Conditions on the Site, and to ask the Site operator any questions you may have regarding the service/product before completing the subscription or other transaction, by using the contact information on this Site. By submitting your request for authorization of your transaction, you acknowledge having read, understood and agreed to the terms and conditions herein stated, AND agree to indemnify, defend, and hold Service Provider harmless from any and all liabilities, damages (including attorneys fees and associated costs) and other costs and expenses arising in connection with your visit to or use of this Site, and/or your purchase or offer to purchase any of the products and services offered hereon.
6. REFUNDS POLICY 1. If you are Member of an Miss Kate England Site you may open up a case for a refund under the following circumstances:
• If you find that Miss Kate England has misled you through advertising electronic material in the tour of an Miss Kate England Site that does not exist in the membership area of that site – this excludes media that is marked as ‘coming soon;’
• If an Miss Kate England Web Site is inoperative for a majority of your subscription duration.
Miss Kate England will handle each refund case on an individual basis and you may be required to provide Miss Kate England with evidence to support your claim(s). Before a refund will be issued, Miss Kate England will first attempt to resolve the issue. If Miss Kate England cannot resolve the issue, at the discretion of Miss Kate England, you may be offered an extension to your subscription or be issued a refund.
7. REPRESENTATIONS AND WARRANTIES 1. You represent, warrant and covenant (a) that no materials of any kind submitted by you or through your account, or Miss Kate England’s use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material, or otherwise violate any applicable laws, rules or regulations; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; and (b) that you are at least eighteen (18) years of age or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement. 2. Miss Kate England makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access any of the Sites from outside of the United States do so on their own initiative and are responsible for compliance with local laws. 3. Miss Kate England neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Sites or the Service by any user, information provider or any other person or entity. THE SITES, THE SERVICE AND ANY MATERIALS PROVIDED BY Miss Kate England OR THIRD PARTIES THROUGH THE SAME ARE PROVIDED “AS IS.” Miss Kate England MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES (EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY), CONDITIONS, GUARANTIES, OR REPRESENTATIONS, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH ANY OF THE SITES OR THE SERVICE. Miss Kate England DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF ANY OF THE SITES OR THE CONTENT AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. Miss Kate England MAY CHANGE ANY INFORMATION OR CONTENT FOUND ON ANY OF THE SITES AT ANY TIME WITHOUT NOTICE, BUT MAKES NO COMMITMENT TO UPDATE ANY INFORMATION OR CONTENT FOUND ON ANY OF THE SITES. 4. You hereby acknowledge that the use of the Service, any Site and the Content available thereon is at your sole risk.
8. INDEMNIFICATION 1. You hereby agree to indemnify, defend and hold Miss Kate England and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising from of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. Miss Kate England reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement, which affects the rights of Miss Kate England without Miss Kate England’s prior written approval.
9. LIMITATION OF LIABILITY 1. NEITHER Miss Kate England NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR: (a) ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, ANY OF THE SITES, OR THE CONTENT THEREON; (b) ANY OF THE MATERIALS PROVIDED BY Miss Kate England OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICE; OR (c) ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF Miss Kate England HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
10. SYSTEM INTEGRITY 1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Miss Kate England Site or any transaction conducted on an Miss Kate England Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third party or use your password for any unauthorized purpose.
11. TERMINATION 1. No fees will be refunded upon cancellation. You will retain access through the duration of your subscription term. You are responsible for all charges incurred up to the time the account is deactivated. 2. Miss Kate England may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Sites or Service for any or no reason, including, without limitation, any breach of this Agreement by you or associated with your account, any assignment of your account to a third party, or the repeated infringement of copyrights owned by Miss Kate England or third parties. 3. Miss Kate England, including, without limitation, its authorized agents and employees may terminate your use of any or all of the Sites and/or your account without notice in the event that you breach any obligation in this Agreement, including but not limited to, (a) restricting, inhibiting or disrupting the operation of any Site; or (b) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any Miss Kate England employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a Miss Kate England employee or other individual.
12. MISCELLANEOUS 1. This Agreement, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and Miss Kate England with respect to your access to and use of the Sites and Service and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Miss Kate England with respect to the Sites and/or Service. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or unenforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect. 2. Miss Kate England may assign this Agreement: (a) to any of its affiliates, (b) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Miss Kate England or (c) in connection with the sale of any of the Sites or the business unit associated with such Site(s).
You hereby acknowledge that you have read and understand the foregoing Agreement and agree to be bound by its terms and conditions.
B. Member Account, Password and Security As part of the registration process, you will be issued a unique user name and password which you must provide in order to gain access to the non-public portion of the Miss Kate England. You certify that when asked to choose a username you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, at our sole discretion, deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your membership, the ID and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Miss Kate England to anyone who is below the age of majority in your state, province, or country, or otherwise does not wish to view the content on the Miss Kate England. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. Miss Kate England will not release your password for security reasons. You agree to (a) immediately notify Miss Kate England of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Miss Kate England until you notify Miss Kate England by email regarding that unauthorized use. Unauthorized access to the Miss Kate England is illegal and a breach of this Agreement. You indemnify the Miss Kate England against all activities conducted through your account. You may obtain access to your billing records regarding charges of your use of the Miss Kate England upon request.
G. CONTACT firstname.lastname@example.org 1 727-754-4317