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Krainz Creations Legal Terms and Conditions

  • Sales Tax
  • Legal Disclaimers / Terms of Use
  • Trademarks, Copyrights and Patents
  • Return Policy
  • Contact Information
  • Privacy Policy

Sales Tax

Krainz Creations is currently registered to collect sales tax in every state in the U.S. that imposes a sales tax. Sales tax will be automatically applied to your order based on applicable state and local sales tax laws and shipping destination.

The terms contained herein are subject to change as taxation regulations continue to evolve.

Customer requirements under applicable law

Customer shall be responsible for compliance with applicable laws and regulations regarding payment of all use taxes, duties and other taxes and the declaration of goods in their state or country of residence. Your purchase may be subject to use tax unless it’s specifically exempt from taxation.

Terms of Use

Last revised March 2020

These Terms of Use are entered into by and between you and Krainz Creations, Inc. (collectively, the “Company,” “we,” “us,” or “our”). The following terms and conditions, along with any documents expressly incorporated by reference, including by not limited to the Company’s Privacy Policy (collectively, “Terms of Use” or the “Terms”), govern your access to and use of all our online and digital activities, websites, products, services and applications, including but not limited to Krainzcreations.com and all other sites (collectively, the “Websites”), mobile sites, services, applications, platforms, and tools (collectively, the “Services”).

NOTICE: Please read these Terms and the Privacy Policy carefully as they govern your use of the Services.  These Terms contain important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved.

Acceptance of the Terms of Use

By accessing any Website or the Services in any way, you agree that you have read, understood, accepted and agreed to be bound and abide by all of the Terms, including our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you may not visit, access or use the Services, including any Website. In the event that any part of the Websites or the Services are governed by additional terms (“Additional Terms”), such Additional Terms are incorporated herein by reference, and you agree that you have read, understood, accepted and agreed to be bound and abide by the Additional Terms.

Changes to Terms of Use

At the Company’s sole discretion, we may revise, update, modify, or discontinue any part of these Terms of Use, in whole or in part, at any time.  We may notify you of any changes in any  number of ways, including by posting revised or modified terms on any Website and indicating the date the Terms were last modified, as reflected at the top of this page. We encourage you to visit our Websites periodically to view the latest version of these Terms. All changes are effective immediately and apply to all access to and use of the Websites thereafter. Your continued use of the Services, including the Websites, after the revised Terms of Use are posted on any Website or after notification of such revisions are otherwise disseminated, means that you accept and agree to the changes as well as to the updated Terms of Use.

Privacy

All information we collect on the Websites or through the Services is subject to our Privacy Policy. By using the Website, you (i) represent and warrant that you have read the Privacy Policy before providing any of your personal information to the Company, and (ii) consent to all actions taken by us with respect to your information as set forth in our Privacy Policy.

The Company’s Privacy Policy provides a summary of our practices relating to the collection, sharing and use of your personal information.

Accounts and Account Information

In accessing any of the Websites or the Services, you may choose, or be provided with, a username, password or any other information (the “Account Information”) as part of our registration for a secure account (an “Account”).  You agree and acknowledge that you will treat and hold your Account Information as confidential, and you shall not disclose it to any other person or entity. You further agree and acknowledge that you will not transfer your Account to anyone else.  You also acknowledge and agree that your Account is personal to you and that you are responsible for all activity that occurs through your Account or using your Account Information. You further agree and acknowledge that we will not be liable for any loss or damage arising from your failure to protect your Account, your Account Information or any other personal user information.

If any unauthorized access to or use of your Account or your Account Information or any other breach of security occurs with respect thereto, you must notify us immediately. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your Account Information or other personal information.

General and Prohibited Use of the Services

You agree and acknowledge that you will only use your Account in accordance with all applicable laws.  You further agree and acknowledge that you are prohibited from using the Services in any manner that is not expressly and unambiguously authorized by these Terms.     

You agree not to use the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
  • To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing;
  • To harvest or collect information about other users of the Services;
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability; and
  • To make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content (as defined below), product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms of Use.

Additionally, you agree not to:

  • Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites;
  • Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
  • Use any manual process to monitor or copy any of the material on the Websites or for any unauthorized purpose without the Company’s prior written consent;
  • Use any meta tags or any other hidden text utilizing Company’s name or marks;
  • Use a buying agent to conduct transactions on the Websites;
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the servers on which the Websites are stored, or any server, computer or database connected to the Websites;
  • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Websites.

This list of prohibited activities is not exhaustive and the Company retains the right to determine, in its sole discretion and at any time, that you have engaged in prohibited conduct in relation to the Services.

We have the right to (a) disable any Account Information, including any user name, password or other identifier, whether chosen by you or provided by us, (b) suspend or terminate any Account, (c) block access to any Websites, (d) impose conditions, restrictions or limitations on your use of or access to the Services, or (e) otherwise refuse access to the Service to you at any time, without notice and at our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Proprietary Content

The Services, including the Websites, are proprietary to the Company.  Any materials displayed or performed or available on or through the Services, including but not limited to, text, graphics, data, articles, photos, images, illustrations (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. 

You represent and warrant that you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, without the prior consent of the owner of that Content, or in a way that violates the Company’s rights or the rights of any other third party.

You agree not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services. 

You acknowledge and agree that the Company transfers no ownership or intellectual property interest or title in and to the Content or the Services to you or anyone else in connection with your use of the Services.

We may, in our sole discretion, remove any Content from the Services at any time, for any or no reason and without notice.

Subject to your continued compliance with these Terms, the Company grants you a revocable, limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Services, including the Websites and the Content, for your personal, noncommercial use and only to the extent that such use does not violate these Terms of Use. Any downloading or copying of the Content herein is permitted for such personal, noncommercial use only, provided you do not modify or alter the Content in any way. No right title, or interest in any Content is transferred to you upon copying or downloading, and Content may not be transferred, reproduced, retransmitted or otherwise distributed or displayed, in whole or part.  The license granted herein automatically terminates upon suspension or termination of your Account or your ability to access or use the Services, or upon your cancellation of your Account.

You may not use any trademarks, logos, service marks, or Content on the Websites for commercial use without obtaining prior written authorization from the owner. If you wish to make any use of material on the Website other than as expressly permitted in this section, please send your request by contacting us.

User Contributions

The Websites may contain product reviews, discussion forums, and other types of user generated content, or other areas or services where you or third parties may create, post, or store any content, messages, or other material on the Website (collectively, “User Contributions”). Any User Contributions you post to the Websites will be considered non‑confidential and non-proprietary. The Company neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Company will not be liable for any loss or damage caused by your reliance on User Contributions.

You acknowledgeand agree that any materials, including any feedback, suggestions, improvements, enhancements, feature requests, ideas, notes, drawings or other information or commentary you provide via the Services, that you provide to the Company, whether by email, posting to any of the Websites, become the sole property of the Company.

You grant Company and its affiliates, service providers, licensees, successors and assigns a non-exclusive, sub-licensable, non-fully paid-up, perpetual, irrevocable, royalty-free, transferable right and the right to use, reproduce, modify, create derivative works of, perform, display, publish, distribute and otherwise disclose to third parties, in any form, medium or manner, any User Information.

You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Contributions; (ii) alter, remove, or refuse to post or allow to be posted any User Contributions; (iii) disclose any User Contributions, and the circumstances surrounding its transmission, to any third party; and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM YOUR USE OR MISUSE OF THE WEBSITE.

You represent and warrant that you (a) own or control all rights in and to your User Contributions, and (b) have the right to grant the license set forth above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.  You further represent and warrant the Company’s use of the User Contributions as licensed herein does not and will not violate, misappropriate, or infringe on the rights of any third party.

You also represent and warrant all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for your User Contributions, including their legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Content Standards

The content standards set forth in these Terms apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations and these Terms of Use.  Without limiting the foregoing, User Contributions must not:

  • Contain any material which is inaccurate, deceptive, misleading, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other right;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising; and
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Features and Functionality Provided by Third Parties; Third Party Items

Certain of the content, features, services and functionality on the Website or for the Services may be provided by third parties that are not owned or controlled by us (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, “Third Party Content”) may be subject to separate terms and conditions. In such event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers.  You accept and acknowledge the risks of accessing any Third Party Content, and that we have no control over and assume no responsibility for and cannot monitor, verify, censor or edit any Third Party Content.

The Websites may contain links to other sites and resources provided by third parties, which are provided for your convenience only. This includes links contained in advertisements, such as banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of those sites or resources. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and your use is subject to the privacy policies and terms and conditions that govern such third-party websites.

YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US.

Linking to the Website and Social Media Features

The Websites may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Websites;
  • Send e-mails or other communications with certain content, or links to certain content, on the Websites; or
  • Cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party websites.

You are permitted to link to our homepage, provided that you adhere to the following restrictions.   You represent and warrant that you will only link to any Website in a way that is fair, legal and does not damage our reputation or take advantage of it.  You further represent and warrant that you will not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You further acknowledge and agree that you will not:

  • Establish a link from any website that is not owned by you;
  • Cause the Websites or portions thereof to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • Link to any part of the Websites other than the homepage; or
  • Otherwise take any action with respect to the materials on the Websites that are inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply with these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice, in our sole discretion, for any reason or no reason and at any time. We may disable all or any social media features and any links at any time without notice, in our sole discretion, for any reason or no reason and at any time.

Disclaimer of Warranties

None of the Company, its licensors, partners, suppliers or service providers make any representations or warranties concerning any Content or other material contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.  The Company will have no liability or responsibility for any permanent or temporary inability to access or use any Services.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.

YOUR USE OF THE WEBSITES, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITES, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED BY THE COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY DISCLAIMS, AND YOU EXPRESSLY WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, SUPPLIERS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors, partners, suppliers and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, actions, proceedings, investigations, liabilities, damages (actual and consequential), judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to your violation of these Terms of Use; your use of the Websites or the Services, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website; or your violation of any applicable law, regulation, or rights of any third party.

Information, News and Press Releases

The Websites may contain information, news and/or press releases about the Company and its affiliates. While we strive to ensure that information contained on our Websites is current, accurate and reliable as of the date it was prepared, we disclaim any duty or obligation to update this information, news or press releases. Information about companies other than the Company contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by Company or its affiliates.

Waiver

Any waiver by either you or the Company of any provision or condition of the Terms of Use shall not be construed or deemed to be a waiver of any other provision or condition of the Terms of Use, nor a waiver of a subsequent breach of the same provision or condition, unless such is expressed in writing and signed by the party to be bound.

Disputes

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND IMPACTS HOW CLAIMS YOU AND COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

Agreement to Arbitrate

You and Company agree that any claim, controversy or dispute at law or equity arising out of or otherwise relating in any way to the subject matter of these Terms (or any prior version thereof) or to the Services, your use of the Websites, or to any products or services sold or distributed by us or through the Websites, including but not limited to federal, and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or other legal theories, shall be finally resolved, on an individual basis, by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. Any arbitration shall be conducted (i) confidentially, (ii) in English, (iii) in New York, NY, (iv) by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), (v) before a single arbitrator with substantial experience in resolving commercial contract disputes.  The Federal Arbitration Act applies to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.

Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

Any dispute over the arbitrability of these Terms and/or the arbitrability of any dispute shall be resolved in arbitration in accordance with this provision. 

You agree that you are electing to have any and all claims and disputes between you and the Company resolved by binding arbitration and are giving up any rights to go to court, except as expressly provided herein.  YOU ACKNOWLEDGE AND AGREE YOU AND THE COMPANY ARE EACH WAIVING ANY RIGHT TO A TRIAL BY JURY.

Prohibition of Class, Representative, and Consolidated Actions

You and Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Company agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Company customers.

If for any reason a claim proceeds in court rather than in arbitration both you and Company each waive any right to a jury trial. You and Company also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Governing Law and Jurisdiction

These Terms of Use (and any prior versions hereof), as well as your use of the Websites, the Services, and the sale or distribution of any products or services by the Company or through the Websites, shall be governed by and construed in accordance the laws of the State of New York without regard to the principles of conflicts of law.

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms of Use, your use of the Websites or the Services, and the sale or distribution of any products or services by Company or through the Websites, such controversy, claim or dispute shall be instituted exclusively in the federal or state courts located in New York County, State of New York. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Severability

If any portion of these Terms of Use is unlawful, void or unenforceable or invalid under any rule, law or regulation of any local, state or federal government, such provisions will be limited, changed or eliminated only to the minimum extent necessary to accomplish the objectives of the provision to the greatest extent possible under applicable law and these Terms shall otherwise remain valid, in full force, and enforceable.

Entire Agreement

These Terms of Use, including the Privacy Policy, the Return Policy, and all Additional Terms, constitute the entire agreement between you and the Company with respect to the subject matter hereof, including the Services and the Websites.  These Terms supersede all prior and contemporaneous negotiations, agreements, proposals, communications and understandings both written and oral relating to the subject matter of these Terms.

Trademarks, Copyrights and Patents

All trademarks, logos, and service marks displayed on the Websites are registered and unregistered trademarks of Company, its affiliates, licensors, content providers or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. You may not use such marks without the prior written permission of the Company, or the owner of the mark(s). We reserve all rights not expressly granted in and to the Websites and the Content, as set forth in the Terms. The Websites and all of the Content therein, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is owned by Company and its licensors, and protected by U.S. and international copyright laws. All products displayed on our Websites are protected by copyrights and/or patents owned by Company and its licensors.

If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify us at:

Krainz Creations

589 5th Ave #609

New York, NY 10017

Email: [email protected]

Return Policy

Jewelry items purchased from Krainz Creations are accepted for credit or exchange if returned in like new condition within 30 days, accompanied by a sales receipt or invoice.  Some exclusions may apply.

If item(s) are not returned in like new condition, the Company may not credit you with the full amount or full value of the purchased item.  You agree and acknowledge that the Company may refuse to exchange or accept for credit any items that are not returned in like new condition or are damaged in any way, to be determined by the Company in its sole discretion.

A refund will be made to the purchaser upon request if payment has been received. Gift recipients are entitled to a nonrefundable merchandise credit. 

Contact Us

If you have any questions or comments about these Terms of Use, any Website, or the Services, you may contact us at the information provided below:

Krainz Creations

589 5th Ave #609

New York, NY 10017

(212) 583-1555

www.krainzcreations.com

Privacy Policy

Last revised March 2020

At Krainz Creations, we respect our customers’ privacy. This privacy policy (“Policy”) applies to all activities, including, but not limited to our brands’ websites, and all other websites, mobile sites, services, applications, platforms and tools where this Policy appears or is linked (collectively, our “Website”). This Policy is to inform you about how we collect, use, share, and protect personal information. By providing information to us (by any means in correspondence, via our Website or otherwise) you consent to our use of the information you provide in accordance with this Policy. Any reference to our Website includes its e-mail, text, live chat, and other electronic messages. If you do not agree with this Policy or our practices, you may not use our Website. This Policy may change from time to time and is incorporated into our Website Terms of Use. Your continued use of our Website constitutes your acceptance of those changes. We encourage you to review this Policy periodically.

Information We Collect

We collect personal information about you in various ways, such as when you provide it at stores, on our Websites or affiliated websites, through our apps and social media channels, at events, through your participation in surveys, via text messages or on the telephone. The types of personal information we may collect include:

  • contact information (such as name, postal address, email address, and mobile or other telephone number);
  • username and password if you have registered an account with us;
  • payment information (such as your payment card number, expiration date, authorization number or security code, delivery address, and billing address);
  • purchase, return, wish list and transaction information;
  • customer service information (such as customer service inquiries, comments and history);
  • device information;
  • photographs, comments and other content you provide;
  • information regarding your personal or professional interests, date of birth, anniversary date, demographics (such as gender, occupation, income and marital status), experiences with our products, and shopping and contact preferences;
  • social media information;
  • contact information you provide about friends or other people you would like us to contact; and
  • information we may obtain from our third-party service providers.

In addition, when you visit our Website, open our emails, use our apps or interact with our related tools, widgets or plug-ins, we may collect certain information by automated means, such as cookies, web beacons and web server logs (both permanent and session varieties). The information we collect in this manner may include your IP address, unique device identifier, browser characteristics, domain and other system settings, search queries, device characteristics, operating system type, language preferences, referring URLs, actions taken on our site, dates and times of website visits, metadata and other information associated with other files stored on your device. Through these automated collection methods, we obtain “clickstream data,” which is a log of the links and other content on which a visitor clicks while browsing a website. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you for the purposes described below, and to let us know, for example, whether you have opened an email we sent to you. While you can change your cookies settings in your browser, such as to refuse these cookies, please note, however, that without cookies you may not be able to use all of the features of our Website.

In addition, we may use local shared objects to collect and store information about your preferences and how you interact with our Websites and Apps. These technologies help us recognize you, customize or personalize your shopping experience, store items in your online shopping cart between visits, and analyze the use of our services and solutions to make them more useful to you. These technologies also allow us to aggregate demographic and statistical data and compilations of information, which may include personal information, and share this information with our business partners and service providers that provide products and services to us.

We may also offer internet-based advertising programs on our Website. These third-party services selectively display ads based on browsing history. You can opt out of these services by clicking on the links above.

We also may collect information about the location of the mobile device or tablet used to access the Website (“Location Data”). Location Data includes: (a) the location of the mobile device or tablet derived from GPS or WiFi use; (b) the IP address of the mobile device or tablet or internet service used to access the Website; and (c) other information made available by a user or others that indicates the current or prior location of the user, such as geotag information in photographs. We will inform you if a specific Website, app or service collects precise Location Data. If you do not want us to collect Location Data from your device, please delete the app or disable the location settings on your device or tablet. Note, however, that disabling the location setting may affect your ability to access and use that app.

When you connect with social media though the Website, you may link with social media platforms and social media plug-ins (e.g., the Facebook “Like” button, “Share to Twitter” button) (collectively, “Social Media”). When accessing services through a Facebook or other Social Media accounts, we may (depending on the applicable user privacy settings) automatically have access to information provided to or through the Social Media platform. We may collect and use this information for the purposes described in this Policy or at the time the information is collected.

Information collected directly by the third-party providers of the features is subject to the privacy policies or notices of these providers. We are not responsible for these providers’ information and privacy practices.

Information we collect will only be used as described in this Policy. If you choose not to provide certain information, we may not be able to provide you with requested products, services or information.

How We Use the Information We Collect

We may use the information described above in one or more of the following ways, and we may seek specific consent prior to such use, depending on your jurisdiction:

  • to provide our Website and its contents to you;
  • to provide requested products and services including, as applicable, order confirmation, billing, and delivering products or services;
  • to process and track orders;
  • to respond to comments, questions, or concerns;
  • to prevent and detect fraud and other unlawful activity, claims and other liabilities;
  • to improve or develop new services and product offerings;
  • to identify, offer, and contact you with personalized content and advertising, including newsletters, articles, product or service alerts on behalf of ourselves and possibly, third parties, new product or service announcements, savings awards, event invitations, and other information;
  • to conduct market research, surveys, and similar inquiries to help us understand trends and customer needs across product categories or customer groups;
  • to alert you about a product safety announcement or recall or correction of an offer, promotion, or advertisement;
  • to keep a record of our interactions with you if you place an order or otherwise deal with our representatives over the telephone or online;
  • to notify you of changes to our Website or any products or services we offer;
  • for marketing and promotional purposes;
  • to verify and validate your identity to reduce credit risk and manage collections;
  • to ensure that your shopping experience is as easy and pleasant as possible;
  • to carry out our obligations and enforce our rights; and
  • to comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.

We may also use the information in other ways for which we describe at the time of collection.

In addition, we may use information collected through cookies, web beacons, pixels, web server logs and other automated means for purposes such as (a) customizing our users’ visits to our Website, (b) delivering content tailored to our users’ interests and the manner in which our users browse our Website, and (c) managing our Website and other aspects of our business. To the extent required by applicable law, we will obtain your consent before collecting information using cookies or similar automated means.

We may use third-party analytics services on our websites and apps.

The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze your use of our Website. The information collected through these means (including IP address) may be used by these analytics providers and other relevant third parties who use the information, for example, to evaluate use of the Website.

Interest-Based Advertising

On our Website, we may collect information about your online activities for use in providing you with targeted advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. This section of our Policy provides details and explains how to exercise your choices.

Through such ad networks, we can target our messaging to users through demographic, interest-based and contextual means. We may also use our own cookies to serve you relevant advertising. We can track your online activities over time by collecting information through automated means, including through the use of first and third-party cookies, web server logs, pixels and web beacons. The networks use this information to show you advertisements that may be tailored to your individual interests. The information our ad networks may collect on our behalf includes data about your visits to websites that serve our advertisements, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our Website and on third-party websites that participate in these ad networks. This process also helps us track the effectiveness of our marketing efforts.

Information We Share

We may share personal information with service providers who perform services on our behalf or to third parties in connection with sales and marketing activity. Examples of these service providers include entities that process credit card payments, manage and reduce our credit risk, verify information, fulfill orders, and provide web hosting, analytics and marketing services. We also may share your personal information with our affiliates and joint marketing partners for the purposes described in this Policy.

In addition to the foregoing,  we may release your personal information if we are required to do so by law or court order, to enforce or apply our Terms of Use or if we believe in good faith that such release is necessary or appropriate to protect the rights, property, or safety of our company, customers, affiliates, or others.

Business Sales and Combinations

We may also share or transfer information, including your personal information, in connection with the sale, transfer, acquisition, merger, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change or ownership or control by Signet or any affiliated company (in each case, whether in whole or in part). When one of these events occurs, we will use reasonable efforts to notify users before information is transferred or becomes subject to different privacy practices.

We may also share information or data in a form that cannot be used to uniquely identify or contact an individual person (“non-personal information”). We may collect, use, transfer, and disclose this non-personal information for any purposes. Non-personal information that we collect may include information regarding your activities on the Website, which may be aggregated and used to help us provide more useful information to our customers and to understand which parts of the Website are of most interest.

How We Protect Personal Information

We believe that we enforce commercially reasonable security measures online and in our physical facilities to protect against the loss, misuse, disclosure, or alteration of personal information provided to us. While we strive to safeguard your personal information, we cannot guarantee the security of any information you disclose or transmit to us and you use our site at your own risk.

If you receive an e-mail that looks like it is from us asking you for your personal information, do not respond. We will never request your password, username, credit card information, or other personal information through e-mail.

Choice/Opt-Out

We offer you certain choices in connection with the personal information we collect about you, such as how we use the information and how we communicate with you. To update your preferences, ask us to remove you from our mailing lists, exercise your rights regarding your personal information, or submit a request, please contact us. You can also unsubscribe from receiving our emails by following the “Unsubscribe” link provided in our emails. We will honor your request to remove you from our mailing lists, but there may be a delay between submission of such request and actual removal from our mailing lists, as these lists are generated well in advance of our actual mailings. Opting out of communications does not affect our communication with you via telephone or email regarding your orders or other sales or service transactions.

You may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by contacting us. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.

Text Messaging Services

When you sign up for one of our text messaging programs, you are expressly consenting to receive text messages on your cell phone or other mobile device about our products, services, and/or programs which may be sent by automated means. Text messages will only be sent to the mobile phone number used to opt into the applicable text message program. Details on how many messages you should expect to receive are provided at the time of enrollment. In some instances, you may have the opportunity to reply to a message, which may result in additional response messages. Your consent to enrollment in any text message program is not a condition of purchase.

Message and data rates may apply. We do not charge a fee for our text message programs and assume no responsibility for charges by your carrier that you may incur when you sign up to receive text messages from us. You may opt out of a text message program at any time.

Children’s Privacy

We are committed to protecting the privacy of children. The Website is not directed to children and we do not knowingly collect any personal information from children. If a child under the age of 13 has provided us with personal information online, we ask that a parent or guardian please contact us. Please visit the FTC’s website at www.ftc.gov for tips on protecting children’s privacy online.

Do Not Track Policy

Some browsers have a “do not track” feature that lets you tell websites that you do not want your online activities tracked. At this time, the Websites do not respond to web browser “do not track” requests or similar signals that users may employ.

Consent

By providing information on or through a Website you are consenting to the collection, use, sharing and disclosure of such personal information as described in this Policy. You may withdraw your consent at any time by following contacting us.

In addition, your use of the Website constitutes consent (a) to be contacted about your account through any contact information you provide, including cell phone numbers, even if the number is on a Do Not Call list, and even if you are charged under your phone plan and (b) to the use of any automatic telephone dialing system and/or a prerecorded message when contacted.

Links to Third Party Sites and Services

This Website may contain links to third party websites operated by individuals or companies unrelated to us. Please be aware that we are not responsible for the privacy practices of such third-party websites. We provide links to these websites for your convenience only and you access them at your own risk. We recommend that you review the privacy policies and terms of use posted on and applicable to such third-party websites prior to utilizing them.

Access and Retention

If you have a Website account, you can log in to view and update your account information. Please contact us with questions or concerns, to request edits to your personal information, or to have your personal information removed from our database. We keep your personal information for as long as we think is necessary or advisable, and we reserve the right to retain it to the full extent not prohibited by law.

Locations; Data Transfers

The Company is based in the United States. This Website is intended for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws.

When you access this Website, you understand and acknowledge that we may transfer, process, and store information about you in the United States and other countries, both within and outside of the European Economic Area. By providing us with your information, you consent to the transfer to, and to the processing and storage of your information in, countries outside of your country of residence, which may have different data protection laws than those in the country in which you reside.

Modifications to this Policy

We will modify this Policy if our privacy practices change. We will notify you of such changes by posting the modified version on our Website and indicating the date it was last modified, and, if the changes are significant, we will provide a more prominent notice (including by email in certain instances). The date this Policy was last modified is at the top of this page. Please periodically review this Policy so that you are familiar with the current Policy and aware of any changes.

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