Kingsley & Co. is an apparel and home goods shop that features products designed in either print or dip dye. Our printed goods are created with a design submitted to the company by a designer, which we then reproduce into fabric for our products. It is our goal to create a store that not only creates fashionable and unique accessories for your pets, but also to become a platform for designers to contribute their work to in hopes of seeing them produced. Before we provide all of the legal terms and conditions for using our site and shop, we'd like to share a few basic values:
- Respect and support for intellectual property rights, both yours and those of others. You cannot upload designs to Kingsley & Co. that you don’t own or have permission to reproduce. This includes pictures, images, characters and the like created by someone else. You also cannot use someone else’s trademark without permission either within your design or to identify or promote your designs. Whether or not you have legal permission to reproduce a design or a trademark is not something we can determine for you. It is your responsibility to understand the permissions associated with any design you upload. If you believe a design on our site violates your intellectual property rights copyright, please notify us using the process described below.
- Your control of your own designs. In order to run Kingsley & Co. we have to be able to do things like reproduce and distribute the designs you upload, actions outlined below in the section titled Proprietary Rights. But at all times you retain both copyright and control over your designs. We will not sell, share, or reproduce your work except as necessary to run our service and line. We started Kingsley & Co. to empower creative people, not to take advantage of them.
- Community standards. We place great faith in the good judgment of our creative community. Our designs are used and purchased by people of all ages, from countries around the world. For that reason we discourage the submission of designs that might be considered offensive or inappropriate.
1) Acceptance of Terms; Modification to Terms.
Thank you for visiting Kingsley & Co., a Washington small business.. Kingsley & Co. provides its website, services and products subject to the following terms of service (“Terms”).
By using the Site, uploading any data or images or ordering products, you are indicating your agreement to be bound by these terms and all revisions thereof. If you do not agree to these Terms, do not accept them and discontinue using and accessing the Site. These Terms are applicable to your use of the Site regardless of how you accessed the Site.
We may modify the Terms at any time. If the modifications to the Terms constitute a material change, in Kingsley & Co.’s good faith reasonable judgment, Kingsley & Co. will notify you via email or by posting a notice on the homepage of the Site. You should review these Terms from time to time so that you understand the terms and conditions of your use of the Site. If you do not agree to any amendment of these Terms, you must immediately stop using the Site. Your continued use of the Site after any modification to these Terms constitutes acceptance of the amended Terms. If you ever have any questions about these Terms, please do not hesitate to contact us.
You must be 13 years of age or older to use the Site. If you are not at least 13 please discontinue your use of the Site and do not provide any personal or other information to Kingsley and Co. on or through the Site. If you are between the ages of 13-18, please obtain the permission of your parent or legal guardian before using the Site.
Without limiting the foregoing, you acknowledge and agree that Kingsley & Co. may preserve Content and may also disclose Content or information, including your personal information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Kingsley & Co., its users and the public. We may also disclose personal information as necessary to investigate or prevent violations of these Terms or suspected illegal activity, to trusted partners who work with us under confidentiality agreements, or to a company that acquires or merges with Kingsley & Co..
3) Proprietary Rights
You acknowledge and agree that, except for your Content, any data, materials or content, including but not limited to designs, text, photos, images, etc. or other material contained or distributed on or through the Site by Kingsley & Co., or its Representatives (“Site Content”) is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws, and as between you and Kingsley & Co., shall belong to Kingsley & Co.. You may not use, reproduce or distribute any Site Content without the authorization of the owner of such Site Content, except for uses permitted by law.
4) Copyright and Other Intellectual Property Policy
Kingsley & Co. respects the intellectual property rights of others. We ask our customers to do the same. Kingsley & Co., in its exclusive discretion, may terminate the accounts of designers it believes may be infringing the copyright, trademark or other intellectual property rights of others.
It is Kingsley & Co.’s policy to respond expeditiously to claims of infringement. Kingsley & Co. will promptly process and investigate notices of alleged copyright and/or trademark infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws.
If you are a Rights Owner and believe in good faith that your copyrighted material has been posted on the Site in violation of any applicable rights or licenses, and you want this material removed, you must provide the Site with a written communication that details the information listed in this section. Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You may wish to contact an attorney for legal assistance on this matter prior to submitting a notification.
5) Warranty of Ownership and Non-infringement
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (E.G. COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.
You agree to defend, indemnify and hold Kingsley & Co. and Kingsley & Co.’s officers, directors, employees and other Representatives harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.
The Site may provide, or third parties may provide, links to other Web sites or resources. Because Kingsley & Co. has no control of such sites and resources, you acknowledge and agree that Kingsley & Co. is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Kingsley & Co. 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 site or resource.
Prices for products on Kingsley & Co. are described on our Web site and are incorporated into these Terms by reference. All prices are in US dollars. Prices and products may change at Kingsley & Co.’s discretion.
Title and risk of loss for all Products ordered by you shall pass to you on Kingsley & Co.’s shipment to the shipping carrier. You shall be responsible for payment of all shipping, insurance, customs charges and other transportation costs for shipment of Products ordered by you through the Site, unless otherwise stated on the Site or agreed by Kingsley & Co. (such as through a special offer).
10) DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KINGSLEY AND CO. AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KINGSLEY AND CO. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
KINGSLEY AND CO. DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE, ITS CONTENT OR ANY PRODUCTS ORDERED THROUGH THE SITE, INCLUDING FABRICS, WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
11) LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL KINGSLEY AND CO. OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PRODUCTS ORDERED THROUGH THE SITE. IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR BE DISSATISFIED WITH YOUR USE OF THE SITE, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND IN THE EVENT THAT ANY PRODUCTS OBTAINED THROUGH THE SITE ARE DEFECTIVE, YOUR REMEDY AND KINGSLEY AND CO.’S SOLE OBLIGATION SHALL BE RETURN OF THE DEFECTIVE PRODUCTS AND, UPON DETERMINATION BY KINGSLEY AND CO. OF SUCH DEFECTS, REFUND OF ANY AMOUNTS PAID BY YOU TO KINGSLEY AND CO. FOR SUCH DEFECTIVE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree that any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
Kingsley & Co. shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Kingsley & Co., including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of Nature, labor conditions, power failures and Internet disturbances.
This Agreement will be governed by the laws of the State of Washington. Kingsley & Co. may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Seattle, Washington, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Seattle, WA necessary to protect the rights or the property of you or Kingsley & Co. (or its Representatives), pending the completion of arbitration.