Terms and Conditions of Service

By visiting Kryzia Kreations, you are consenting to our terms and conditions.

Overview:
By using Kryzia Kreations, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Kryzia Kreations (“Company”). By accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein.

Site Use:
Information provided on the Site and related to our service of creating and shipping jewelry (the “Service”) is subject to change. Company makes no representation or warranty that the information provided is accurate.  

In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.

You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site.  This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.

Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.

Copyright and Intellectual Property:
The Site and Service contain intellectual property owned by Christina Paluszek-McClure, jewelry designer of Kryzia Kreations, and are copyrighted © 2002 - 2017, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, content and other files, and the selection and arrangement thereof.  You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement from this site without permission will be subject to penalty under law and will result in legal action.

Disclaimer of Warranties and Limitation of Liability:

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website.  Your use of the Website, and the obligations and liability of us in respect of your use of the Website, is expressly limited as follows:

Disclaimer of Warranties:
The website is provided "as is" and without any warranty whatsoever. We disclaim any and all express and implied warranties whatsoever, including without limitation, the warranties of merchantability, title, non-infringement of third parties rights, and fitness for particular purpose.  Your use of this website and reliance on any of its content is at your own risk.

Company does not warrant that the functions or content contained in this website will be uninterrupted or error-free.  You and not Company assume the cost of all necessary servicing, repair, or correction in the event that there is any loss or damage arising from or in connection with the use of this website or its content.  Company does not warrant or make any representation whatsoever regarding use, or the result of use, of the content of this website related to accuracy, reliability or otherwise.  The content of this website may include errors (including, without limitation, technical or typographical errors), and Company may make changes or improvements to this website at any time.

Neither Company nor any other person or entity associated with the design or maintenance of this website shall be held liable or responsible in any way for any damage, loss, injury, or malfunction associated with your use of this website.

Limitation of Liabilities:
Under nocircumstances shall Company or any of its parents, subsidiaries, affiliates, or otherwise be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages (including lost profits and damages or viruses that may infect your computer equipment on account of your access to, use of, browsing, or downloading of any materials, data text, images, video or audio from the website) arising out of your use of the site or service, including but not limited to negligence.   Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in this paragraph may not apply to you.  If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of TWIST to you for any type of damages shall be limited to the greater of the actual amount paid by you for any services offered on the website or U.S. $100.00.

Third Parties:
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site.  Any other link will be covered by the terms and conditions of that specific site.  You acknowledge and accept that we are not responsible for the terms or practices of third parties.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification:
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Governing Law:
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida, exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation.  The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Tampa, Florida and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Miscellaneous:
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.

These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof.  No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.

The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.

By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site.  By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.

Children:
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.

 

Updated: 9/21/2017