Agreement between User and Qatalyst Design Inc.
Welcome to www.62kings69queens.com. This E-Commerce website is comprised of various web pages operated by Qatalyst Design Inc. This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of this site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The purpose of “62 Kings 69 Queens” a collection by Qatalyst Design Inc is to produce trendy apparel and accessories geared to the members and affiliates of Groove Phi Groove S.F.I. and Swing Phi Swing S.F.I.
Visiting www.62kings69queens.com or sending emails to firstname.lastname@example.org or email@example.com constitutes electronic communication. you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, 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. you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Qatalyst Design Inc. is not responsible for third party access to your account that results from theft or misappropriation of your account. Qatalyst Design Inc. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under 18
Qatalyst Design Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this site only with permission of a parent or guardian.
Any returns or problems that occur because of an error on our part will be handled at our expense. Cases where the customer would like to exchange or return a product without any defect or due to a wrong size/color (or other variant) being ordered would be handled at the customers expense by placing a new order.
Any claims for misprinted/damaged/defective items must be submitted within 4 weeks after the product is received. For packages lost in transit, all claims must be submitted no more then 4 weeks after the estimated delivery date. We reserve the right to ask for photo verification of the damaged goods sent to firstname.lastname@example.org
For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date. We reserve the right to ask for the customers to reconfirm their address and order details. In cases where the recipient’s address was incorrectly submitted, the customer is held responsible. If tracking information states an order was delivered but the customer hasn’t received the order, Qatalyst Design Inc. will not be held responsible for reshipping that order or issuing a refund.
Links to Third Party Sites/Third Party Services
www.62kings69queens.com may contain links to websites (“Linked Sites”). The Linked Sites are not under the control of Qatalyst Design Inc. and Qatalyst Design Inc. is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Qatalyst Design Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Qatalyst Design Inc. of the site or any association with its operators.
Certain services made available via www.62kings69queens.com are delivered by third party sites and organization. By using any product, service or functionality origination from the www.62kings69queens.com domain, you hereby acknowledge and consent that Qatalyst Design Inc. may share such information and data with any third party with who Qatalyst Design Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of www.62kings69queens.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Qatalyst Design Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Qatalyst Design Inc. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary right or attribution notices in any content. You will use protected content solely for the personal use, and will make no other use of the content without the express written permission of Qatalyst Design Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Qatalyst Design Inc. or our licensors except its expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) or others; published, post, upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services from any business purpose; unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters, download any file posted by another use of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner, falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others. including e-mail addresses, without their consent; violate any applicable laws or regulations.
Qatalyst Design Inc. has no obligation to monitor the Communication Services. However Qatalyst Design Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Qatalyst Design Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Qatalyst Design Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Qatalyst Design Inc.’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Qatalyst Design Inc. does not control or endorse the content, message or information found in any Communication Service and, therefore, Qatalyst Design Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.62kings69queens.com or Posted on ANY Qatalyst Design Inc. Web Page
Qatalyst Design Inc. does not claim ownership of the materials you provide to Qatalyst Design Inc. (including feedback and suggestions) or posts, upload, input or submit to any Qatalyst Design Inc. Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Qatalyst Design Inc., our affiliated companies and necessary sub-licenses permission to use your Submission in connection with the operation of their Internet businesses including without limitation, the rights to: copy; distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Qatalyst Design Inc. is under no obligation to post or use any Submission you may provide and may remove any Submissions at any time in Qatalyst Design Inc.’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.
The Service is controlled, operated and administered by Qatalyst Design Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Qatalyst Design Inc. content accessed through www.62kings69queens.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Qatalyst Design Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Qatalyst Design Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Qatalyst Design Inc. in asserting any available defenses.
Class Action Wavier
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further unless both you and Qatalyst Design Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QATALYST DESIGN INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
QATALYST DESIGN INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
QATALYST DESIGN INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QATALYST DESIGN INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR STRICT LIABILITY OR OTHERWISE, EVEN IF QATALYST DESIGN INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF US, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Qatalyst Design Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is authorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.,
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Qatalyst Design Inc. as a result of this agreement or use of the Site. Qatalyst Design Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Qatalyst Design Inc.’s right to comply with government, court and law enforcement requests or requirements relation to your use of the Site or information provided to or gathered by Qatalyst Design Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the use and Qatalyst Design Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the use and Qatalyst Design Inc. with respect to the Site. A printed version of this agreement and or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Qatalyst Design Inc. reserves the right, in its sole discretion, to change the Terms under which www.62kings69queens.com is offered. The most current version of the Terms will supersede all previous versions. Qatalyst Design Inc. encourages you to periodically review the Terms to stay informed of our updates.
Qatalyst Design Inc. welcomes your questions or comments regarding the Terms:
Qatalyst Design Inc.
Effective as of 10/1/2018