 |
|
|
ERMS AND CONDITIONS OF WEBSITE USE
Updated February 2008.
This Website is provided by DK Kustoms, and its affiliates and subsidiaries (collectively, "The Variation Network," "The V Network," and "Diecast Korner."). Your use of this Website is subject to these Terms and Conditions of Website Use.From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.
PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.
1. Right to Use this Website
DK Kustoms grants you a limited, non-exclusive, revocable license for you to use this Website for information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to Mattel and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of DK Kustoms and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. DK Kustoms is not affiliated nor endorsed by DK Kustoms, Johnny Lightning, Matchbox,Jada, Maisto and Greenlight Diecast. Hot Wheels and Matchbox are registered trademarks owned by Mattel.Jada is registered trademark owned by Jada. Maisto is a registered trademark owned by Maisto International and The May Cheong Group.Greenlight is a registered trademark owned by Greenlight LLC.
2. Copyrights
All Content is copyrighted, and it is either owned or used with permission by DK Kustoms.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
DK Kustoms respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the paragraph below entitled Copyright Enfrigment.
3. Trademarks
The trademarks, logos, and service marks displayed on this Website are owned by DK Kustoms and third parties, and this Website’s trade dress is owned by DK Kustoms(collectively, the "Trademarks", which also constitute Content).
4. Online Shopping
This Website and other DK Kustoms websites may offer online capabilities to purchase products (such as toys) and services (such as memberships). You must be 18 years of age or older to make any such purchases. Check our online stores for more information on delivery, returns, and other sales policies. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Website, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement.
1. No Purchases by Minors
By ordering a product or service online from DK Kustoms, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from DK Kustoms without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.
2. Taxes
You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from DK Kustoms
3. Shipping and Processing; Insurance
You are also responsible for paying all shipping and processing charges relating to your online purchases (including any product offered with a service), and for insuring your purchases.
4. Return Policies
Please review the information available at our online stores regarding our return policies.
5. Links by You to this Website
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with DK Kustoms or cause confusion among consumers, (d) the links and related content on your site do not portray DK Kustoms or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
6. Links on this Website to and from Other Sites
This Website may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, which may not be affliated or endorsed by DK Kustoms. DK Kustoms has no control over the content of Linked Sites, and DK Kustoms does not assume any obligation to review any Linked Sites. DK Kustoms does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and DK Kustoms disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and DK Kustoms disclaims all liability in connection therewith.
7. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). DK Kustoms disclaims all liability in connection with therewith.
8. Procedure for Alleging Copyright Infringement
Mattel will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following:
* a legend or subject line that says: "DMCA Copyright Infringement Notice";
* a description of the copyrighted work that you claim has been infringed;
* the URL of the site and a description of where the material that you claim is infringing is located on that site;
* your address, telephone number, and e-mail address;
* a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
* your electronic or physical signature
DK Kustoms will only receive DMCA notices by mail, e-mail, or facsimile at the addresses below:
By Mail: DK Kustoms
220 South Mission Drive, Unit C
San Gabriel, California 91776
By E-Mail: [email protected]
DK Kustoms may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and DK Kustoms may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.
9. General Provisions
1. Indemnity
You agree to indemnify, defend, and hold harmless DK Kustoms (which includes DK Kustoms’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.
2. Revisions to this Website and this User Agreement
Dk Kustoms may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. DK Kustoms may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
3. Operation of Website; Availability of Products and Services
DK Kustoms controls and operates this Website from its headquarters inSan Gabriel, California in the United States of America, and DK Kustoms makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although DK Kustoms and its custom services are available for work in many parts of the world, this Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide
4. Severability
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.
|
|
|
|
