Terms of Service

Last updated on August 20, 2017

Overview

This website, https://kimberlyreneestudio.com, is operated by Kimberly Renee (“we”, “us”, and “our”).  Please read these Terms of Service (“Terms”, “Terms of Service”, “Agreement”) carefully before accessing or using our website.  By using the website you agree to be bound to these Terms of Service including any additional terms and conditions and policies referenced. 

We reserve the right to make changes to any part of these Terms of Service by posting updated Terms to our website.  It is your responsibility to review the Terms periodically for updates or changes.  If you do not agree to all terms and conditions of this agreement, then you may not access the website or use any services.

You can review the most current version of the Terms of Service at any time on this page. 

Our site is hosted by Squarespace, Inc (Squarespace).  They provide us with the online ecommerce platform that allows us to sell our products and services to you.

General Conditions

By agreeing to these Terms of Service, you represent that you are at least the age of eighteen (18) years of age or older.   If you are under the age of 18 but older than the age of thirteen (13), you should only use the website with the permission and involvement of a parent or guardian. You may not use this site if you are under the age of thirteen (13).

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any law in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms, viruses, or any malicious code.  A violation of any of the Terms will result in the termination of your Services.

We reserve the right to refuse service and terminate access to anyone without cause or notice at any time. 

Proprietary Rights

You acknowledge and agree that this site, all original content and all materials, including, without limitation, photographs, content, data, information, products and services contained on our site are protected by copyright, trademark, and other intellectual property and proprietary rights or laws. 

Products or Services

Certain products or services may be available online through the website.  These products or services may have limited quantities and are subject to return according to our Return Policy.

We reserve the right to limit the sale of our products to any person, geographic region, or jurisdiction.  We reserve the right to limit the quantities of any products or service that we offer.  All descriptions of products or product pricing are subject to change at any time without any notice, at the sole discretion of us.   An offer for any product or service made on this site is void where prohibited by law. 

We reserve the right to refuse any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased.  In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information on all purchases made on our website.

Please review our Return Policy for more information.

Third-Party Links

Our site may contain links to third-party sites and are not owned by or controlled by Kimberly Renee. We are not responsible for nor do we warrant and have any liability or responsibility for any third-party materials, websites, products, or services of third-parties. Please review carefully the third-party policies and make sure you understand them.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Information on Our Site

We try to be as accurate as possible with the information we present on this site.  Occasionally there may be information on our site that contains typographical errors or inaccuracies that may relate to product descriptions, pricing, shipping charges, shipping transit times and availability.  We reserve the right to correct any errors or inaccuracies, and to update information.  For these reasons we may cancel your order or may contact you for instructions on the order.

We are not responsible for information made available on this site that is not accurate, complete or current.  The material on this site is provided for general information only.  Any reliance on the material on this site is at your own risk.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: 1) for any unlawful purpose; 2) to solicit others to perform or participate in any unlawful acts; 3) to violate any international, federal or state regulation, rules, laws or local ordinances; 4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 6) to submit false or misleading information; 7) to upload or transmit viruses or any malicious code; 8) to collect or track personal information of others; 9) for any obscene or immoral purpose; 10) to spam or phish; or 11) to interfere or circumvent the security features of the Service or any related website or the Internet.  We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

Disclaimer of Warranties; Limitations of Liability

We do not guarantee and warrant that your use of our service will be uninterrupted, timely, secure, error free, or meet your requirements.

Your use of our website and any other service or content is at your own risk. The information, materials, products, and services provided on or in connection with our website are provided “as is”, “as available”, and without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose, quality, or durability.

In no case shall Kimberly Renee, our employees and agents be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract or tort, strict liability or otherwise arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability, for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Kimberly Renee, our employees and agents from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

If any provision of these Terms of Service is determined to be invalid, void, or unenforceable in any jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and shall not affect 1) the validity and enforceability of any remaining provisions in that jurisdiction; or  2) the validity and enforceability in other jurisdictions of that or any other provisions of the Terms of Service.

Termination

We may terminate this agreement at any time without cause and notice and may deny you access to our Services. You will remain liable for all amounts due up to and including the date of termination.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies posted by us on this site constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us including but not limited to any prior versions of the Terms of Service.

Governing Law

These Terms of Service (and any separate agreements, rules, policies incorporated by reference) shall be governed by and construed in accordance with the laws of South Carolina, United States of America.

Changes to the Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.  It is your responsibility to check our website periodically for changes.  Your continued use of our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at kr@kimberlyreneestudio.com