AGREEMENT BETWEEN USER AND AKITA DEVELOPMENT, LLC DBA:MISE DESIGNS
Welcome to misedesigns.com (the “Website”), operated by Akita Development, LLC, aka Mise Designs, a New Jersey Company (“Sponsor”, “we”, “our”, or “us”). The misedesigns.com website is comprised of various web pages operated by Akita Development, LLC, . The misedesigns.com website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the misedesigns.com website constitutes your agreement to all such terms, conditions, and notices. Please read this Agreement carefully before accessing the Website or completing your purchase.
Akita Development, LLC reserves the right to change the terms, conditions, and notices under which the misedesigns.com website is offered, including but not limited to the charges associated with the use of the misedesigns.com website.
LINKS TO THIRD PARTY SITES
The Mise Designs website may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Akita Development, LLC and Akita Development, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Akita Development, LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. Akita Development, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Akita Development, LLC of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the misedesigns.com website, you warrant to Akita Development, LLC that you will not use the misedesigns.com website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the misedesigns.com website in any manner which could damage, disable, overburden, or impair the misedesigns.com website or interfere with any other party’s use and enjoyment of the misedesigns.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the misedesigns.com website.
USE OF COMMUNICATION SERVICES
The misedesigns.com website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Akita Development, LLC has no obligation to monitor the Communication Services. However, Akita Development, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Akita Development, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Akita Development, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Akita Development, LLC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Akita Development, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Akita Development, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Akita Development, LLC spokespersons, and their views do not necessarily reflect those of Akita Development, LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO AKITA DEVELOPMENT, LLC OR POSTED AT ANY AKITA DEVELOPMENT, LLC WEBSITE
Akita Development, LLC does not claim ownership of the materials you provide to misedesigns.com (including feedback and suggestions) or post, upload, input or submit to any Akita Development, LLC website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Akita Development, LLC, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Akita Development, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Akita Development, LLC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MISEDESIGNS.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AKITA DEVELOPMENT, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AKITA DEVELOPMENT, LLC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE MISEDESIGNS.COM WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
AKITA DEVELOPMENT, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MISEDESIGNS.COM WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AKITA DEVELOPMENT, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : [email protected]
Akita Development, LLC reserves the right, in its sole discretion, to terminate your access to the misedesigns.com website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Gloucester County, New Jersey U.S.A. in all disputes arising out of or relating to the use of the misedesigns.com website. Use of the misedesigns.com website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Akita Development, LLC as a result of this agreement or use of the misedesigns.com website. Akita Development, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Akita Development, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the misedesigns.com website or information provided to or gathered by Akita Development, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Akita Development, LLC with respect to the misedesigns.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Akita Development, LLC with respect to the misedesigns.com website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the misedesigns.com website are: Copyright 2021 by Akita Development, LLC and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners and are used on the misedesigns.com for demonstration purposes only. Akita Development, LLC implies no ownership of these products, images or trademarks.
The example companies, organizations, products, people and events depicted herein are or may be fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred unless otherwise specifically notated.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
1. Commercial Transactions.
1.1 Purchases. Downloadable Products are offered for sale through the Website. In the event you wish to purchase any of these products, you will be asked by Sponsor or an authorized third party (merchant processor) on Sponsor’s behalf to supply certain PII (Personally Identifiable Information,) including without limitation, your full name, address, telephone number and credit card information. You agree to provide Sponsor or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of this Agreement You shall be responsible for all charges incurred through your account as well as for paying any shipping and handling charges, and applicable taxes.
1.2 Payment. Your right to purchase products that are available for purchase through the Website is conditional on our receipt of payment for such products. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including charge back, we reserve the right to either suspend or terminate your order, thereby terminating this Agreement and all obligations hereunder.
2. DISCLAIMER OF WARRANTIES.
2.1 VISITORS ACKNOWLEDGE AND AGREE THAT THEIR USE OF ANY PRODUCT PURCHASED THROUGH THIS WEBSITE IS AT THEIR SOLE RISK. SPONSOR EXPRESSLY DISCLAIMS AND HAVE NO RESPONSIBILITY FOR HOW YOU USE THE PRODUCTS PROVIDED THROUGH THE WEBSITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING THE WEBSITE. ANY WRITTEN INSTRUCTIONS OR INFORMATION VISIBLE ON THIS SITE IS PROVIDED AS A RECOMMENDATION FOR THE SUGGESTED USE OF THE PRODUCT. NO INFORMATION OBTAINED FROM SPONSOR, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. SPONSOR SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE PRODUCTS SOLD ON THIS WEBSITE. SPECIFICALLY, SPONSOR DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY FOR ANY PARTICULAR PURPOSE.
2.2 SPONSOR MAKES NO GUARANTY OF CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE. OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF THE SPONSOR.
3. Indemnity. You shall indemnify and hold harmless Sponsor and its recommended vendors from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys’ fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against Sponsor or its vendors, arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with your use of our Website, your connection to our Website, your purchase of products or services from this Website, your breach of this Agreement, or your violation of any law or the rights of a third party.
4. Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Sponsor shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
6. Risk of Loss. All items purchased from the Website are considered downloadable content. Should your download fail for any reason, please contact customer service at [email protected] so we can email you your purchased content.
7. Product Descriptions. Sponsor attempts to be as accurate as possible. However, Sponsor does not warrant that the product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. The appropriateness of use of a given product may vary depending on circumstances. Information may and is subject to change. If you believe a product offered by through the Website does not meet the product description, your sole remedy is to inform our customer service department via email and request a refund.
8. Returns. Returns and refunds are not accepted for material that has been confirmed as downloaded.
9. Payment. This website does process payment transactions and all transaction are handled by a third-party processor called PayPal, and all transactions processed by PayPal are at the sole discretion of PayPal and all such transactions must abide by their terms and conditions for processing. For security purposes, we do not store any payment information anywhere on our computers or servers. We do use PayPal to safely store your payment information on their servers to track transactions. Our third party payment processor also performs certain tests to ensure you are authorized to use the form of payment provided. If any of these tests fail, your payment will be denied and the webpage will state, as clearly as possible, the reason that it is being denied. If you have continued problems with your payment method, we recommend that you change to an alternate form of payment or contact us for further assistance.
10. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Sponsor by this Agreement.
11. Notices. Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Akita Development, LLC, 1530 North Main Street, Williamstown, NJ 08094.
12. Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding conflict of law’s provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New Jersey. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
13. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Sponsor, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
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