Terms and Conditions of Use
This Website is operated on behalf of Kwiat Enterprises LLC ("Kwiat") with executive offices at 555 Madison Avenue, New York, NY 10022. Telephone number: 212-223-1111.
These Terms and Conditions of Use constitute the agreement (the "Agreement") that will govern your use of this Kwiat Website (the "Website"). This Website is available for your use only on the condition that you agree to these Terms and Conditions of Use, all with the intention of making them legally binding upon you.
THIS WEBSITE IS PROVIDED BY KWIAT AND IS AVAILABLE ONLY TO PEOPLE AND ENTITIES ABLE TO FORM LEGALLY BINDING AGREEMENTS. IF YOU DO NOT QUALIFY (FOR INSTANCE, BECAUSE YOU ARE A MINOR UNDER THE AGE OF 18), PLEASE DO NOT USE THIS WEBSITE.
YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THIS WEBSITE.
Kwiat grants you a limited personal, nontransferable, non-sublicensable, revocable, worldwide license to access and make personal, non-commercial use of this Website. All materials contained in this Website are the copyrighted property of Kwiat and its affiliates or licensors. As between Kwiat and you, Kwiat is the sole owner of all content on the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. You may not download or save a copy of the Website or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of any linked sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
Kwiat reserves any rights not expressly granted by this Agreement.
In general, you can browse our Website without telling us who you are or revealing any personal information about yourself. At various times, you may decide to provide us with your personal information. You should know that we receive and may store all personal information (whether written or oral) that you provide to us through whatever means you provide such information (through our Website, via e-mail, over the telephone, etc.).
Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, home, billing or other physical address or email address as well as any information associated with the foregoing. In addition to your contact information, we may collect information about your purchases, billing address, shipping address, gender, occupation, birthday, marital status, anniversary, interests, phone number or other contact information, and credit card information. We may combine the information you provide to us over time and we may combine such information with information that is publicly available, collected through data collection devices, and information that we receive from our partners, affiliates and other third parties.
You represent and warrant that any personal information that you make available to Kwiat is done so voluntarily, with your knowledge and consent when making a request, submission or registration for services from Kwiat. Registration or other forms may contain both mandatory fields and non-mandatory fields; if you choose not to complete the mandatory fields then Kwiat may not be able to respond to your request or activate your option choices.
Children's Online Privacy
The Children's Online Privacy Protection Act took effect April 21, 2000, and pertains to websites directed toward children under 13 years of age. This Website is not directed towards, nor for the use of, children under the age of 18 and does not intentionally or knowingly collect information on or from any person under 18 years.
Note to Children
Children who are under age 18, especially those under the age of 13, should not send any information about themselves or their friends and should not register for any of the Kwiat on-line services nor should they make requests to receive further information from Kwiat by clicking consent or request buttons on the Website. Should we discover or be informed that a child has registered his/her or another child's personal details, we will delete such information from our records.
Note to Parents
Kwiat will not intentionally or knowingly collect personally identifiable information from children under age 18. If you, as a parent or legal guardian are concerned that your child has registered for one of our services or wish to cancel your child's registration and have all details deleted, please contact us by e-mail at: email@example.com or write to us at the following address providing official documents establishing parental or guardian status:
555 Madison Avenue, Suite 1400
New York, NY 10022
Attention: Website Administrator
Restrictions on Use and User Submissions
This Website is protected by United States and international law, including copyright and trademark laws. This Agreement does not grant any license to modify, alter, adapt, exploit or frame the materials on this Website that are viewed, downloaded, or otherwise accessed by you. Your license does not include: any right of resale or of commercial use of this Website or its contents; any derivative use of this Website or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with this Website. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials, and you must comply with any applicable end-user license agreements. You may not input or upload onto this Website any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept, or expropriate any system, this Website or its contents, or that infringes upon any intellectual-property rights of Kwiat or any third party. You are also prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material, or engaging in any kind of harassment activity via this Website or any Website linked to it.
We value your comments, suggestions, testimonials, ideas, etc. Any such comments, suggestions, testimonials, endorsements, ideas, drawings or similar material disclosed, submitted or posted by you on this Website or in connection with it (a "Contribution") in any form, media, or technology now known or later developed will be considered non-confidential, non-proprietary and not personal either to you or to anyone else. By disclosing, posting, or submitting any such material, you grant to Kwiat and its affiliates a worldwide, non-exclusive, royalty-free, unrestricted, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, edit, publish, translate, rework, distribute, create derivative works from, distribute, perform and display such Contribution or Content (as defined below in whole or in part), without compensation or acknowledgment of source. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or Content or part thereof, or other communication to Kwiat. You agree that you are not submitting unsolicited proposals of collaboration of any time as Kwiat will not agree nor accept any such submissions.
You also warrant that any "moral rights" in any Contribution or posted or submitted Content have been waived.
Any Contribution or Content submitted or posted to this Website may or may not be published or used, at the sole discretion of Kwiat.
This Website and any communications service, including the capability to contribute material (including any Contribution) through a blog, chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the "Services") are provided to you solely for entertainment purposes. By using the Website and Services you agree: to provide true, accurate, current and complete information about yourself as prompted by any fill-in form. If any information provided by you is untrue, inaccurate, not current or incomplete, Kwiat reserves the right to terminate your access and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Website or Services to:
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
- "Stalk" another;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a Kwiat official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Website;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
- Act in a manner that negatively affects other users' ability to engage in the Website or Services;
- Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Website or the Content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that Kwiat is not responsible for material submitted to Kwiat or posted to the Website by users. Kwiat does not pre-screen, monitor, review or edit the Content posted by users. However, Kwiat and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in Kwiat's judgment, does not comply with these Terms and Conditions of Use or is otherwise undesirable, inappropriate or inaccurate. Kwiat is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Kwiat. You agree to immediately notify Kwiat of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that Kwiat may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Kwiat, its users or the public.
You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Kwiat assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to Kwiat.com.
Any or all Content on the Website may be purged periodically in Kwiat's sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Kwiat or submitted to Kwiat, including Content. You further acknowledge and agree that the views expressed on the Website do not necessarily reflect the views of Kwiat, and Kwiat does not support or endorse Content (including any Contribution, whether or not edited by Kwiat or its designee or presented on the Website edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
In operating this site, Kwiat does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or Kwiat mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Kwiat, will be deemed not to be confidential or secret. By submitting or sending information or other material to Kwiat you represent and warrant that the information is original to you and that no other party has any rights to the material.
No Website Warranty
THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, KWIAT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. KWIAT DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
KWIAT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU AGREE, BY USING THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, THAT YOU (AND NOT KWIAT OR ANY OF ITS AGENTS) ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS WEBSITE, AND THAT YOU (AND NOT KWIAT OR ANY OF ITS AGENTS) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you
Limitation of Liability
IN NO EVENT SHALL KWIAT, ANY DIRECT OR INDIRECT SHAREHOLDER, AFFILIATE, OTHER RELATED ENTITY, SUBSIDIARY, JOINT VENTURE, PARTNER, ENTITY IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THIS WEBSITE, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, FROM OR THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE), FROM OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION, OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR FROM ANY OTHER ERROR, FAILURE, OR DELAY IN DATA TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE.
KWIAT SHALL HAVE NO LIABILITY FOR THE DELETION OF ANY COMMUNICATIONS OR INFORMATION COLLECTED, MAINTAINED, OR TRANSMITTED BY THIS WEBSITE OR THE FAILURE TO STORE ANY INFORMATION, INCLUDING PERSONALIZED SETTINGS. KWIAT SHALL HAVE NO LIABILITY WITH RESPECT TO ANY INFORMATION POSTED BY USERS ON CHAT ROOMS, BULLETIN BOARDS, OR OTHER USER FORUMS.
Upon a request by Kwiat, you agree to defend, indemnify and hold Kwiat, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Website or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Contribution or Content or other materials by you or users authorized by you or any violation of these Terms and Conditions of Use by you. Kwiat reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Kwiat in asserting any available defense.
In addition to any fee of which you are notified your provider's standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All charges are billed by and payable to your mobile service provider.
Kwiat will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services, as are all Services, are provided on an AS IS basis.
Data obtained from you in connection with this SMS service may include your cell phone number, your provider's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. We will never share this information with a third party.
At any time, and without notice, Kwiat may modify, update, or otherwise change any term of this Agreement or this Website. You agree that you are deemed to be apprised of, and that you are bound by, any such changes immediately upon its posting. We encourage you to visit this Website from time to time to review the current version of the Agreement.
Kwiat may, through its sole discretion, terminate or cancel your use of this Website or terminate or cancel this Agreement for any reason, without prior notice. Upon termination or cancellation of this Agreement, you will immediately discontinue use of this Website. Through its sole discretion, and at any time, Kwiat may also discontinue providing this Website or any part of it, with or without notice. Kwiat shall not be liable to you or any third party for any of the foregoing. Parts or all of this Agreement shall survive termination or cancellation of this Agreement and the termination or cancellation of your use of this Website.
Links to Other Websites
Kwiat does not authorize linking to this Website from a third party web site without its written permission.
Although this Website may contain links to other Websites, Kwiat has no control over those linked Websites. You acknowledge and agree that Kwiat is not responsible for the availability of those linked Websites or their content. Kwiat provides links as a convenience and does not endorse the proprietors or content of any linked Websites, including any linked Website of any company related to Kwiat, in control of it, or under common control with it. It is your sole responsibility to comply with the appropriate terms of service of any linked sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such linked sites and any content contained thereon.
KWIAT DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY PRODUCT OR SERVICE PROVIDED VIA ANY LINKED WEBSITE. IN NO EVENT SHALL KWIAT BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY LOSS OR DAMAGE ARISING FROM OR OCCASIONED BY THE CREATION OR USE OF THE LINKED SITES OR THE INFORMATION OR MATERIAL ACCESSED THROUGH THESE LINKED SITES.
You should direct any concerns to that linked site's administrator or webmaster. Kwiat reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the linked sites from the Website and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Caching, Linking, and Framing by You
Kwiat prohibits caching of any portion of this Website and any unauthorized links to this Website and unauthorized framing of it. Kwiat reserves the right to disable any unauthorized links or frames.
Applicable Laws, Jurisdiction, Choice of Law, and Arbitration
We control and operate this site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws on use and access, if and to the extent local laws are applicable.
By accessing this Website both you and Kwiat agree that all claims and matters regarding this Website or the use of this Website shall be governed according to the laws of the State of New York, United States of America, without regard to its conflicts of law principles. Kwiat makes no representations or warranties that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. In addition you agree that any controversy or claim arising out of or relating to this Agreement, the Terms and Conditions of Use or the Website shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon all awards rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall be held in New York, New York and shall be conducted before three arbitrators selected in accordance with such rules. The arbitrators are empowered to award reimbursement of attorney fees and other costs of arbitration to the prevailing party, in such manner as the arbitrators deem appropriate. The arbitrators shall have the right to grant a permanent injunction in addition to any damages or other relief.
Trademarks & Copyrights
The names KWIAT, Tiara Diamonds, Simply Brilliant, and the Kwiat tiara logo are trademarks of Kwiat Enterprises LLC and/or its affiliates and are used under license.
All designs and materials on this Website are either Copyright © Kwiat Enterprises LLC 2009 or are licensed for use by Kwiat Enterprises LLC, except where otherwise noted. All rights reserved.
Photography and Other Information
Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
Copyrights and Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the Kwiat.com Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your username, address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact only for copyright matters. For all other inquiries, please contact us at the above address.
Kwiat Enterprises LLC
555 Madison Avenue, Suite 1400
New York, NY 10022
Attention: Copyright - General Counsel
All notices and other communications to Kwiat shall be in writing, must be given by certified mail, return receipt requested and must be addressed to Kwiat at the address set forth for it in this Website at the time of delivery.
Effect of Waiver or Consent
A waiver or consent, express or implied, to or of any breach by you, or any delay in enforcement of any provision of this Agreement on the part of Kwiat, will not constitute a consent to, or waiver of, any other breach or default by you of the same or any other obligations of you. Failure on the part of Kwiat to complain of any act of yours or to declare you in breach or default, irrespective of how long that failure continues, does not constitute a waiver by Kwiat of its rights with respect to that default until the applicable statute-of-limitations period has expired.
Provisions Unenforceable or Invalid
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. Kwiat may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact us at the above address.
Please also review our Terms and Conditions of Use for additional details on the use of our Website and your information.
In general, you can browse our Website without telling us who you are or revealing any personal information about yourself. At various times, you may decide to provide us with your personal information. You should know that we receive and may store all personal information (whether written or oral) that you provide to us through whatever means you provide such information (through our Website, via e-mail, over the telephone, etc.). Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, home, billing or other physical address or email address as well as any information associated with the foregoing. In addition to your contact information, we may collect information about your purchases, billing address, shipping address, gender, occupation, birthday, marital status, anniversary, interests, phone number or other contact information, and credit card information. Kwiat may also request non-personally identifiable optional information, such as annual income, buying preferences, or age, also known as demographic and profile data. We may combine the information you provide to us over time and we may combine such information with information that is publicly available, collected through data collection devices, and information that we receive from our partners, affiliates and other third parties.
Automatic Collection of Your Information
IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, PLEASE ASK YOUR PARENTS TO REGISTER AND TO USE THE WEBSITE FOR YOU. PLEASE DO NOT SUBMIT ANY PERSONAL DETAILS IF YOU ARE UNDER EIGHTEEN YEARS OF AGE. SEE OUR TERMS AND CONDITIONS OF USE FOR FURTHER INFORMATION.
Cookies and Other Monitoring Techniques
Most web browsers automatically accept cookies, but you do not have to accept them. To disable cookies, you should access the "help" tab on your browser or read the information that came with your browser software. However, your visit to our Website will be significantly enhanced if cookies are not disabled.
Use of Information
You should know that we receive and may store all personal information (whether written or oral) that you provide to us through whatever means you provide such information (through our Website, via e-mail, over the telephone, etc.). Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, home, billing or other physical address or email address as well as any information associated with the foregoing. In addition to your contact information, we may collect information about your purchases, billing address, shipping address, gender, occupation, birthday, marital status, anniversary, interests, phone number or other contact information, and credit card information. Kwiat may also request non-personally identifiable information, such as annual income, buying preferences, or age, also known as demographic and profile data. Though this information is optional, we may use it to improve our site and/or tailor your experience on our site, showing you content that we think you might be interested in and displaying content according to your preferences. We may also share this information with others, such as affiliates, partners and advertisers interested in marketing partnerships with Kwiat or on the site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.
We may combine the information you provide to us over time and we may combine such information with information that is publicly available, collected through data collection devices, and information that we receive from our partners, affiliates and other third parties. If you give us your personal information, including giving us your email address, another person's email address or sending us email correspondence, we may use this information to register you with our Website; to administer our Website services; to process any orders you may place online; to facilitate your purchases and provide the services you request; to confirm and track your order; to respond to your inquiries and requests; to compare and review your personal information for errors, omissions and accuracy; to prevent and detect fraud or abuse; to improve our Website, service, product offerings, marketing and promotional efforts, and overall customer experience; to identify your product and service preferences; to understand our customer demographics, preferences, interests, and behavior; and to contact you (via email, postal mail, or telephone) regarding products and services of Kwiat that we believe may be of interest to you.
We value your comments, suggestions, testimonials, ideas and other feedback. By making any comments, suggestions, testimonials, endorsements, ideas, or similar material disclosed, submitted or posted by you on this Website (or other materials defined in the Terms and Conditions of Use sections of this Website as Contributions or Content), you assign us your rights in the submissions, Contributions and Content to us, as described in the Terms and Conditions of Use section of this Website.
Our web server may automatically recognize your domain name (not the email address) and may record your browser and platform type (e.g., Safari browser on a Microsoft platform).
Kwiat does not sell, rent or disclose our customers' names, addresses, email addresses or other personal information to any third party. We use email addresses to communicate with you regarding your customer relationship with us or your orders and other matters regarding transactions between us. Kwiat may share customer information within the Kwiat organization and affiliates, so that you may be informed of other products that may be of interest to you. Further, in order to maintain our Website and provide for customer communications, Kwiat may contract with selected third parties, solely for the purpose of assisting Kwiat in these endeavors and subject to contractual confidentiality obligations. We do not otherwise disclose your information to third parties, unless required by law or in connection with a legal claim or proceeding.
You may opt-out of receiving promotional messages from us at any time. If we do send you a promotional email, you will be given the opportunity to decline receiving similar emails in the future.
If any personally identifiable information that Kwiat has gathered from you changes or you would like to access, correct, or delete such information, we will provide you access to correct or delete (to the extent permitted by law) any such personal information we have collected about you. To request access to or to correct or delete any such personal information, or if you wish to decline receiving promotional emails from us in the future, please end an email to firstname.lastname@example.org, telephone us at 212-223-1111, or send a letter to Kwiat Enterprises LLC, 555 Madison Avenue, Suite 1400, New York, NY 10022.
Visitors who give us their telephone numbers online may receive telephone contact from our representatives regarding orders or requests they have placed online. You may be contacted by one of our representatives conducting research with regard to your satisfaction with our service. Your participation is voluntary and you may opt-out at any time by telephoning us at 212-223-1111.
Although Kwiat has no obligation to monitor any information provided to this Website by its users, including information that you provide, Kwiat reserves the right to monitor, retain, and disclose that information if required to do so by law or in a good-faith belief that disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property, or personal safety of Kwiat, its users, or the public.
Kwiat uses industry-standard encryption technologies when transferring and receiving any customer data exchanged with our Website server when you engage in an e-commerce purchase transaction.
However, while we take all reasonable steps to protect your personal information, you accept that no Internet data transmission can be guaranteed to be secure from access by unintended recipients and will not hold us responsible for any breach of security.
Kwiat does not have arrangements with any ad server companies for this Website.
Your California Privacy Rights
If you are a California resident and would like a copy of our notice describing what categories of personal information we share with third parties or corporate affiliates for their direct marketing purposes and the names and addresses of the third parties and affiliates that received your information in the past year, please submit a written request to the following address: Kwiat Enterprises LLC, 555 Madison Avenue, Suite 1400, New York, NY 10022; Attention: California Privacy. Please allow up to 30 days for us to process your request. You may submit such a request once per year.