TERMS & CONDITIONS

This website usage agreement (“Agreement”) is between a User (“you”, “your”) and TK DESIGN LLC (“we”, “I”, “our”, “the company”).

Your participation in the use of this website is conditional on your acceptance of the terms and conditions contained in this Agreement. You are deemed to have accepted this Agreement by using the website. Your continued use of the website following any changes means you accept and agree to any changes. If you have questions about this site, contact hello@tiffanykenyondesign.com.

You agree to comply with all US Federal CAN-SPAM Acts. We have a zero tolerance policy towards SPAM or any user associated with SPAM. If, at our absolute discretion, we establish that you are involved with SPAM in any way including creating, sending, or otherwise distributing SPAM we may immediately terminate your ability to use the website.

Intellectual Property. Unless explicitly stated otherwise, TK DESIGN LLC owns all right, title, and interest in and to the website, including, without limitation, site content, organization, graphics, design, compilation and other matters related to or included on the websites. My name, Tiffany Kenyon, TK DESIGN LLC, and all related names, logos, product and service names, designs and slogans are my trademarks and you must not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the website are the trademarks of their respective owners and should not be used without those respective owners’ permission.

Third Party Rights. Content and materials posted to the website may be the copyrighted content of others (“Third Party Content”) that is used by TK DESIGN LLC either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research.

I do my best to respect the intellectual property of others and ask that you to do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.

If you believe that your work has been copied on the website in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via email at the contact information listed below and provide me with the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.

Linking. Anyone linking to the website must comply with all applicable laws and should not: (i) misrepresent its relationship with TK DESIGN LLC; (ii) present false or misleading information about TK DESIGN LLC; or (iii) contain content that is reasonably considered profanity, defamatory, vulgar, offensive, or unlawful.

Advertising. I may include advertisements on the website. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not mine.

You may find links to other websites on this website. These links are provided solely as a convenience to you and not as an endorsement by TK DESIGN LLC of the contents on such third-party sites. I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that TK DESIGN LLC 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 products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.

Disclaimer and Limitation of Liability. The site is provided on an “as is” and “as available” basis, without warranty of any kind. TK DESIGN LLC and its affiliates specifically disclaim all warranties, express or implied. TK DESIGN LLC and its affiliates do not guarantee the reliability, accuracy, completeness, safety, timeliness, legality, usefulness, adequacy, or suitability of any information or content on the website. Accordingly, you agree to exercise caution, discretion, and common sense when using the website. The entire risk for use of the website and/or services is borne by you. To the maximum extent permitted by applicable law, in no event shall TK DESIGN LLC or its affiliates be liable for any direct, indirect, special, incidental, consequential, or punitive damages arising out of the use of or inability to access the website, including, without limitation, damages for loss of goodwill, work disruptions, computer failure or malfunction, or any and all other personal or commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory upon which the claim is based. TK DESIGN LLC and its affiliates are not responsible for any liability arising out of the postings or any material linked through the website. Your sole remedy with respect to any claim arising out of your use of the website is to cease using the website.

Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the foregoing may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.

Choice of Law and Venue. These Terms are governed by the laws of the State of California without regard to any conflict of laws principle. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Sacramento, California.

Concerns. This website is operated by TK DESIGN LLC located at 2108 N Street Suite N Sacramento, California 95816. All other feedback, comments, requests for technical support and other communications relating to the website should be directed to: hello@tiffanykenyondesign.com.

PRIVACY POLICY

The following describes how TK DESIGN LLC (“TK DESIGN”, “the company”, “me,” “I,” “we”) uses and disseminates information you provide us through www.tiffanykenyondesign.com and its sub-domains and affiliated sites. If you have questions about this Privacy Policy, please contact me at the information below. Please also review my full Terms of Use, which also govern your use of the website.

Collection of Personal Information. Unless expressly noted otherwise, I do not collect personally-identifiable information from users of my website. There is information about your computer hardware and software that is automatically collected, such as your IP address, browser type, domain name, access time and referring website addresses. I use this information in improving and analyzing the website and for troubleshooting purposes. I also utilize this information to monitor and improve services and to ensure that your use of the website is in compliance with my Terms of Use.

Cookies. A cookie is a data text file sent from a website to your browser, which may be stored within your system; it identifies the user and allows access to articles—removing the need to repeatedly log in. To the extent I use cookies, I can only access information from a cookie sent by the website, not other websites. I may use cookies to personalize your visit to my website. By tracking usage, I can best determine the needs of my customers and advertisers.

Use of Personal Information. If you do provide me with your personal information, I will not willingly share your information with companies outside our organization except as described in the Privacy Policy. I may disclose aggregated user statistics in order to describe my services to potential advertisers, other third parties, our affiliate companies, and for other lawful purposes.

If you choose to subscribe, you may receive communications from me related to products and services that might interest you. While I believe these services may enhance your time spent at the website, you will at all times be able to opt out from receiving these communications by specifically choosing to do so via a link which will be provided within the email.

The information I gather from you may be used to gain a better understanding of my users and their usage pattern as a whole, for site administration and troubleshooting, to process transactions, and other matters you initiate, to identify preferences in content and advertising, to target editorial, advertising or other content (such as promotions, special offers, or other content) I think might be of interest to you, and to communicate changes and improvements to my website or any registration you have made.

I do not give away, sell, rent or lease users’ personally identifiable information to any merchant, advertiser or web publisher. Non-personally identifiable user information (such as usage pattern, browser type and your computer) may be shared with third party businesses or advertisers with which I have a business or contractual relationship. I reserve the right to disclose personal information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law, in connection with the sale of part or all of TK DESIGN LLC or its affiliates assets, or to enforce my Terms of Use.

Please keep in mind that if you disclose personally identifiable information in a public manner through the website, this information may be collected and used by others accessing those portions of the website. I do not monitor information you disclose on the website nor do I accept any liability associated with your voluntary disclosure of the same.

You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the website, so that you may understand how those sites collect, use and store your information. I am not responsible for the privacy statements, policies or content of other websites. Websites containing co-branding (referencing our name and a third party’s name) contain content delivered by the third party and not me.

Age-Appropriate Use. The TK DESIGN LLC website is not intended for children under the age of 18. I do not collect or maintain information from anyone known to be under the age of 18, and no part of this website is designed to attract anyone under the age of 18. I do not sell products or services intended for purchase by children. If you are under 18, you may only use the website under the supervision of a parent or guardian. If I discover or are otherwise notified that we have received any such information from a child in violation of this policy, I will delete that information.

Notice of Privacy Rights to California Residents. California law requires that I provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, I will provide you with the categories of personally identifiable information that I collect through this website and the categories of third party persons or entities with whom such personally identifiable information may be shared for direct marketing purposes at your request. California law requires me to inform you, at your request:

– the categories of personally identifiable information I collect and what third parties we share that information with;
– the names and addresses of those third parties; and
– examples of the products marketed by those companies.

The Act further requires me to allow you to control who we can and cannot share that information with. To obtain this information, please send a request by email or standard mail to the address found above.

When contacting me, please indicate your name, address, email address, and what personally identifiable information you do not want me to share with third parties. Please allow up to thirty days for a response.

Limitations. By using the website you agree that I am not responsible for:

– any disclosure of your personal information made by you to a third party through your use of the website;
– any disclosure of your personal information obtained illegally from me; or
– any accidental disclosure of your personal information made by me.

Policy Changes. TK DESIGN LLC may modify this Privacy Policy. Any modifications will be effective immediately when posted. You are responsible for reviewing any modified terms. Your continued use of the website following any changes means you accept and agree to any changes.