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TERMS & CONDITIONS

The following TERMS & CONDITIONS ("Terms of Use" or "Terms") governs the access of users when accessing the JASMINE KAREN website, apps, and all sites associated with the JASMINE KAREN brand or brands.  All websites, applications, and services made available to the user ("you") BY JASMINE KAREN.com are subjected to the "Terms of Use" when accessing the JASMINE KAREN website, apps, and services.

 

BY ACCESSING AND USING ANY PART OF THE JASMINE KAREN WEBSITE, APPLICATIONS, AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF USE AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE OR YOU ARE DISSATISFIED WITH THE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THIS SITE.

 

We reserve the right to change these Terms from time-to-time without notice to you, and any such changes will be effective upon publication of this site.  By accessing the site after changes are made, you are agreeing to the changes made.  

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OUR PROPRIETY RIGHTS:  The JASMINE KAREN team and our licensors ("we" or "us") own, solely and exclusively, all rights, title and interest (including, without limitation, copyrights) in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, other services, graphics, logos, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Sites, and the compilation and organization of the Site Content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to any Site Content or any other part of the Site, nor does it grant you any license to use or display the same except as expressly permitted herein.

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LIMITED LICENSE:  Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the Sites and Site Content on your computer or other device, provided that you comply fully with these Terms. The Sites and Site Content are for your personal, educational and non-commercial use only. No part of the Sites or Site Content (or any of our products advertised or sold on the Sites) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under law.

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TRADEMARKS & LOGOS:  The trademarks, logos, service marks and trade names displayed on the Sites or as part of the Site Content (including, without limitation, JASMINE KAREN, JK JASMINE KAREN, J KAREN, JK, etc.) are registered and unregistered trademarks of the COMPANY and other persons (collectively, the “Trademarks”), and may not be used unless expressly authorized by the applicable Trademark owner. Nothing contained on the Sites should be construed as granting, expressly, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Sites or as part of the Site Content, without our written permission or that of the applicable third-party rights holder.

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USER ACCOUNTS: Using certain features on the Sites may require creating an account (“Account”) and submitting personal information (including creative a username and password used to access the account). The Site’s information collection and use policies are set forth in the Site’s Privacy Policy , which is incorporated herein by this reference. You agree to provide only true, accurate, current and complete information, and you accept all responsibility for any and all information and all activities that occur under your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the Sites for any reason.

 

SUBMITTED MATERIALS:  Unless specifically requested of us, we neither solicit nor wish to receive any confidential, secret or proprietary information or other material from you. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, know-how, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques, comments, criticisms, reports, feedback or other materials submitted or transmitted through the Site in any manner, including, but not limited to, through the “Contact Us” section (collectively, “Submitted Materials”) will be deemed not to be confidential, secret or proprietary and may be used by us in any manner consistent with these Terms.

 

By submitting, uploading, posting or sending Submitted Materials to, on or through the Site, you: (i) represent and warrant that either (A) your Submitted Materials are original to you and that no other party has any rights thereto, or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Site for our use, in accordance with these Terms and with any purposes that may be described on the Site, and that any “moral rights” in the Submitted Materials have been waived; and (ii) you grant to us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display, make, exploit, sell, export or incorporate such Submitted Materials (in whole or in part) in other works (including, without limitation, the Site), products or services, in any form, media, or technology now known or later developed, and for any purpose. We are not responsible for maintaining, and may delete or destroy, any Submitted Material that you provide. You represent and warrant that your Submitted Materials comply with these Terms, and you agree to keep all necessary supporting documentation, and to make such records available to us upon our request.

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RULES OF CONDUCT: While accessing or using the Site, the Site Content and the various other features available on the Site (such as the Forums, as defined below), you warrant and agree that you shall not: 

  • violate any law, rule or regulation;

  • violate the security of the Site, or obtain or attempt to gain unauthorized access to the Site, Site Content, computer systems or networks connected to any server associated with the Site or the Site Content;

  • impersonate any person or entity, whether actual or fictitious, including anyone from the Site or the Company, or misrepresent your affiliation with any other person or entity;

  • stalk, harass or harm another individual;

  • insert your own or a third party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on any Site, or into any of your Submitted Materials that you may submit to any Forum or any other areas of the Site;

  • use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Site or any Site Content for any commercial or promotional purposes (other than as expressly permitted in a signed writing by the provider of such information or other materials), or contact any other user of the Sites for commercial or promotional purposes, or offer to buy or sell any product or service through your activities on the Site or in a Forum;

  • alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;

  • engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information through the Site, including, without limitation, any information residing on any server or database connected to the Site;

  • use the Site or their features in any manner that could interrupt, damage, disable, overburden or impair the Site or such features, or interfere with any other party's use and enjoyment of the Site, including, without limitation, sending a mass unsolicited message or unauthorized advertising or commercial communications, or “flooding” servers with requests;

  • circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Site or its services or any software on the Site;

  • create any links from the Site (or include any links in your submissions to any Forum or any other part of a Site) directed to websites or content owned or maintained by third parties;

  • frame or otherwise portray any third-party sites or content in any manner that would constitute or could be interpreted as an endorsement or sponsorship by us of any third-party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third-party sites;

  • upload, post, transmit, distribute or otherwise publish to, on or through the Site, any information, content or materials which are false (including statements or materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact), fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

  • use the Site or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;

  • upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or

  • use the Site or their services (or any Site Content), in whole or in part, for any purpose that is prohibited by any applicable law or regulation, or to facilitate the violation of any applicable law or regulation.

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PUBLIC FORUMS: The Site may include certain features allowing users to communicate with each other or the general public (such as messaging services, chat services, bulletin boards, message boards, blogs and other similar forums, areas and services) (collectively, the “Forums”). These Terms apply to your use of the Forums. Given the open nature of the Internet, you should be careful and selective about the information you disclose in the Forums and on the Site and, in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information.

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RIGHT TO MONITOR AND EDITORIAL CONTROL: We may (but have no obligation to) monitor or review anything submitted to the Site. We neither sponsor, endorse, control, nor bear responsibility for any such materials. However, we may disclose any information or materials as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or remove any such content, in whole or in part, which violate these Terms, our policies or applicable law, or which in our sole discretion are objectionable. Using the Site may expose you to content of others that may be offensive, indecent, or objectionable to you, and we are not liable for such content.

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INDEMNIFICATION: You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all damages, claims, liabilities, costs and expenses, including, but not limited to, reasonable attorneys' fees, arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms, or (ii) any part of your Submitted Materials. The Company may, but is not obligated to, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree fully to cooperate with any such defense.

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ORDERS: You may order products from the Site only if you have reached the age of majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the Site may be subject to additional terms and conditions presented to you during such purchase or download. By ordering products from the Site, you agree that you are bound by and have rights under these Terms as well as our 

Privacy Policy, our Shipping Policy, our Payment Policy our Return and Exchange Policy and our Warranty and Repair Policy, which are incorporated by reference into these Terms. 

We reserve the right to refuse any order you place through the Site. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. You are not permitted to resell any products or services purchased through any of the Site for commercial purposes.  

By purchasing from the Site, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to operate our fraud prevention program, to collect on any unpaid debt and to obtain credit card authorization. Our information collection and use policies are set forth in the Site’s Privacy Policy, which is incorporated herein by reference.  

Product availability on the Site is not guaranteed as products may be low in stock or out of stock when an order is completed. Products displayed on the Site may not be available, or vice versa. Prices for a product (including sales) may vary. Prices displayed on jasminekaren.com are quoted in USD and are valid and effective only in the U.S. 

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PRICING AND ERRORS: We have made every effort to display as accurately as possible the colors and features of our products on the Site. However, the particular technical specifications, displays and settings of your electronic device could affect the accuracy of the display. We are not responsible if information made available on the Sites is not accurate, complete or current.  

From time to time, information on the Site might contain typographical or visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing or availability. It is your responsibility to monitor changes to the Site. Any reliance on the information on the Site is at your own risk. We may, but have no obligation to, correct any errors, inaccuracies or omissions, and to update or modify the Site Content without prior notice.  

Prices and availability of products and services are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.

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LINKING TO SITE: You agree that: (a) if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the home page of the Site; (b) you are not permitted to link directly to any image hosted on the Site, such as using an “in-line” or “deep linking” linking method, including to cause the image to be displayed on another website; and (c) you may not link from any other website to a Site in any manner such that it or any of its pages is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, in our sole discretion, insist that any link to a Site be discontinued, and we may revoke your right to link to the Site. The framing, mirroring, scraping or data-mining of the Site or any of the Site Content in any form and by any means is strictly prohibited.

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THIRD-PARTY WEBSITES: You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from the Site to third-party websites, applications and services, and third-party websites may link to the Site (“Linked Site”). You acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Site, and that links to Linked Site do not necessarily constitute an endorsement, approval or sponsorship thereof by us. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Site, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Site. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences.

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PROMOTIONS: The Site may contain sweepstakes, contests or other promotions requiring you to send materials or information to us (and sometimes others). Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies and terms. It is your responsibility to read such rules, policies and terms to determine whether you can participate, register and comply therewith. By participating in a sweepstakes or contest through the Site, you signify your agreement and acceptance of these Terms and any applicable sweepstakes or contest rules which we may provide.

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DISCLAIMER OF WARRANTIES: THE SITE, INCLUDING, WITHOUT LIMITATION, ALL FORUMS, SITE CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE,” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE SITE, THE FORUMS, THE SITE CONTENT, OR THE FUNCTIONS THEREOF WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. THE COMPANY MAKES NO WARRANTY THAT THE SITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, OR THROUGH THE SITE, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY MADE HEREIN (OR IN ANY POLICY OR DOCUMENT INCORPORATED HEREIN). THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. THE COMPANY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SITE CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE SITE, CREATION OF AN ACCOUNT, OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.  SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

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LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY, OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE SITES, LOST BUSINESS OR LOST SALES, PROFITS, OR GOODWILL, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE SITE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO THE COMPANY FOR YOUR USE OF ANY SITE, OR (B) ONE HUNDRED DOLLARS ($100). ALL USERS OF THE SITE UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.

 

TERMINATION. We may terminate, change, suspend, restrict or discontinue any aspect of the Site at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion, without notice or liability. These Terms will terminate commensurate with the discontinuance or termination of your Site use privileges. However, the Terms will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Site and Site Content, and anything connected with, relating to or arising therefrom.

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CONTACT US:  All questions and comments about the Terms & Conditions, Site, and products ("brand" and or "brands") purchased through the Site, you can call our customer service line, send us an email through the "Contact Us" form, or write to:

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Jasmine Karen

579 Jersey Bronze Way

Pasadena, Maryland 21122

customerservice@jasminekaren.com

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