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Terms of Use

FALKEN DESIGN CORPORATION

Terms of Use

 

 

Welcome to the website of FALKEN DESIGN CORPORATION (FALKENACRYLIC.COM).  The following Terms of Use shall apply to all visitors of this website.  Please read these Terms of Use carefully as your continuous use of this website constitutes an acceptance of these Terms of Use.  Any violation of these Terms of Use may lead to legal actions to seek all remedies by law and in equity.  Do not use this website if you do not agree to be subject hereby.  All rights not expressly granted herein are reserved by FALKENACRYLIC.COM.

 

Content and Accuracy of Website

 

The information provided on this website has been carefully compiled by FALKENACRYLIC.COM.  FALKENACRYLIC.COM endeavors to be accurate when describing offered items and other content of this website FALKENACRYLIC.COM continually checks and updates this information; however information, item descriptions or other content on this website is not promised or guaranteed by FALKENACRYLIC.COM to be correct, current, or complete, and this website may contain technical inaccuracies or typographical errors.  FALKENACRYLIC.COM assumes no responsibility (and expressly disclaims responsibility) for updating this website to keep information current or to ensure the accuracy or completeness of any posted information.

 

Product offers and sales thereof shall be governed by these terms of use and the additionally provided General Terms & Conditions of Sale of FALKENACRYLIC.COM, which are made available and must be accepted by any customer prior to any transaction.

 

Minors

 

This website is designed for the general audience.  FALKENACRYLIC.COM recommends that parents supervise their children during their exploring of online contents.

 

Intellectual Property Notice

 

The entire content and structure of the website of FALKENACRYLIC.COM, including, but not limited to, logos, materials, software or HTML code, scripts, text, artwork, photographs, images, video, and audio product are the property of FALKENACRYLIC.COM and its affiliates and are protected by copyright, trademark, and include all intellectual properties of FALKENACRYLIC.COM or relevant third party licensors under U.S. and international laws and treaties.  No right, title or interest in any content of this website is conveyed to the visitors of the website.  The visitor agrees (i) not to copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or use this website or any of its products without our prior, written permission; (ii) not to access or use the FALKENACRYLIC.COM website for any competitive or commercial purpose; and (iii) not to copy, alter, distribute, transmit, perform, display, or any other use of the content and information on this.

 

Any use of information, extracts, images or data provided on this website requires the prior written consent of FALKENACRYLIC.COM.  The visitor agrees to all additional copyright notices, restrictions and information that appear or will appear on the website of FALKENACRYLIC.COM.  Any violation will be subject to criminal prosecution and includes FALKENACRYLIC.COM’s right to enforce civil remedies.

 

Submissions

 

Any unsolicited submitted information, material, idea, feedback, questions, comments, proposals or similar content that is transmitted to FALKENACRYLIC.COM shall be treated as non confidential, non proprietary and may be disseminated or used by FALKENACRYLIC.COM or any of its affiliates for every and any purpose whatsoever, including, but not limited to, developing and marketing products, services and certification procedures.  Furthermore, a free, indefinite and non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from shall be granted with the transmission of such information.  Any such information may be infinitely reproduced, used, published and passed on to any third parties by FALKENACRYLIC.COM at its sole discretion in any medium and through any methods of distribution, transmission, and display whether now known or hereafter devised.

 

Linking

 

This website may contain links to sites owned and operated by third parties outside FALKENACRYLIC.COM’s influence and control, and those sites may have terms and conditions that differ from FALKENACRYLIC.COM’s website.  These links are provided by FALKENACRYLIC.COM only as a convenience and FALKENACRYLIC.COM makes no representations regarding the quality, nature and reliability of these third-party sites.  Such linked third party websites are the sole responsibility of the relevant operator.  You access them at your own risk.

 

Although links to this website are generally welcome, any presentation or implementation of this website or parts thereof in third party frames, websites or similar instruments however requires express prior written consent of FALKENACRYLIC.COM.  Framing, inline-linking or other association of this website or its information with links, advertisements and/or other information not originating from this website is expressly prohibited.

 

YOUR ACCOUNT

If you use any FALKENACRYLIC.COM service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FALKENACRYLIC.COM does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the FALKENACRYLIC.COM services only with

involvement of a parent or guardian.  FALKENACRYLIC.COM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

RISK OF LOSS

All items purchased from FALKENACRYLIC.COM are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

RETURNS, REFUNDS AND TITLE

FALKENACRYLIC.COM does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return.  In this situation, FALKENACRYLIC.COM does not take title to the refunded item. For more information about our returns and refunds, please see our General Terms and Conditions of Sale. 

 

PRODUCT DESCRIPTIONS

FALKENACRYLIC.COM attempts to be as accurate as possible. However, FALKENACRYLIC.COM does not warrant that product descriptions or other content of any FALKENACRYLIC.COM service is accurate, complete, reliable, current, or error-free. If a product offered by FALKENACRYLIC.COM itself is not as described, your sole remedy is to return it in unused condition.

 

LIMITATION OF WARRANTY AND LIABILITY

 

THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS”.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FALKENACRYLIC.COM AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THIS WEBSITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE.  FURTHER, FALKENACRYLIC.COM AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  FALKENACRYLIC.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  FALKENACRYLIC.COM AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.  THIS WEBSITE AND THE INFORMATION, SOFTWARE, FORMS, STATEMENTS, AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

 

  1. A.             Indemnification

 

You agree to indemnify, defend, and hold FALKENACRYLIC.COM, their officers, directors, owners, employees, provider, affiliates, licensors, suppliers and third parties harmless from and against any and all losses, damages, liability and costs arising in connection with claims because of the breach of these Terms of Use or the representations, warranties, and covenants contained herein, including but not limited to attorneys fees and costs.  FALKENACRYLIC.COM reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

 

  1. B.             Integration

 

This notice shall include all other statements, policies, terms, and disclaimers of the website of FALKENACRYLIC.COM and constitutes the entire agreement between FALKENACRYLIC.COM regarding your use of this website.  Any and all further communication, whether electronic, oral, or written, between you and FALKENACRYLIC.COM shall not replace this statement.

 

  1. C.            Privacy

 

For any information of FALKENACRYLIC.COM’s practices and policies related to the collection and use of any information of the visitors of the website of FALKENACRYLIC.COM, please read the Privacy Policy.

 

If you wish to purchase products or services described on this website, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. (Click here to see the FALKENACRYLIC.COM Privacy Policy).

 

  1. D.            Modification of Terms and Conditions

 

FALKENACRYLIC.COM reserves the right, at its sole discretion, to terminate, change, suspend or discontinue or modify any time, any aspect of these Terms of Use including but not limited to the availability of features and without prior notice.  Changes of the content of these terms and conditions will be posted on the website of FALKENACRYLIC.COM and will take effect immediately after implementation on the website.  Your continued access to this website after any change of these Terms of Use shall be deemed acceptance of any and all changes or modifications.

 

  1. E.             Jurisdiction

 

These Terms of Use shall be governed by and construed in accordance with the laws of State of New York.  Any dispute arising from these terms shall be resolved exclusively in the state and federal courts of the State of New York, without regard to conflicts of laws provisions.  FALKENACRYLIC.COM makes no representation that materials in this website are appropriate or available for use in other locations.  Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations.   FALKENACRYLIC.COM reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires.  Any offer for any product or service made in this website is void where prohibited.  If you access this website from outside the United States, be advised this website may contain references to products and services that may not be available or that may be prohibited in your country. 

 

Each party further agrees as follows: (i) any cause of action you may have with respect to your use of this website must be commenced within one (1) year of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.

 

If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of this Terms of Use shall continue in full force and effect.

 

  1. F.             Contact Information

 

In the event that you may have any questions regarding FALKENACRYLIC.COM and this Terms of Use you may send us an e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. .

 

 

 

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Call 1 (646) 393-6394 or email: info@falkenacrylic.com

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