Date of Last Revision: 2016-12-07

TERMS AND CONDITIONS

INTRODUCTION

This Terms and Conditions Agreement (“Agreement”) is a contract between you and Kotori Media LLC (“Company”). Company owns and operates the websites found at kotorimedia.com, glenmatthes.com  (individually and collectively “Site”). Use of the Site means you agree to all the Terms and Conditions written here. Be sure to carefully read and understand this Agreement. If you do not agree to these Terms and Conditions then you may not use this Site.

MODIFICATION OF AGREEMENT

Company reserves the right to modify this Agreement at any time. Notice that this Agreement has changed will be posted on the home page of the Site. Additionally, an email notification will be sent to anyone subscribing to email notifications. Use of the Site after the notice is posted indicates that you agree to the changes.

ACCESS TO THE SITE

In order to access the Site, you must obtain access to the internet. Company does not control or charge for access to the internet. Company may charge for access to specific portions of the Site (“Limited Access”). Company makes no representations, warranties, or assurances as to the availability of the Site.

MODIFICATIONS TO THE SITE

Company reserves the right to modify the Site from time to time for any or no reason and without notice. You agree that Company is not liable to you or to any third party for any modification of the Site. All information and materials contained on the Site are subject to change. Company attempts to keep information on the Site current, however, such information is subject to change at any time and without notice and, as such, posted information on this Site may not immediately reflect such changes.

PRIVACY

We take our customers’ privacy seriously. A copy of our privacy policy can be found by locating and clicking the Privacy Policy link on the Home page of the Site.

ELECTRONIC COMMUNICATION

When you visit the Site or send emails to Company, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

USE LICENSE

Company and/or its licensors own the intellectual property rights to the Site and materials and content on the Site. Subject to the license below, all intellectual property rights are reserved.

You may view, download for caching purposes, and print pages from the Site for your own personal use.

Certain areas of the Site may have Limited Access, typically for paid-for content. In such cases, you are permitted to download content expressly permitted for download for your own personal use without having to access the Site.

You specifically restricted from all of the following:

  • Publishing any materials found on the Site in any other media
  • Selling, sublicensing, and/or otherwise commercializing any materials found on the Site
  • Publicly performing and/or showing any Site material
  • Using the Site in any way that is or may be damaging to the Site
  • Using the Site in any way that impacts user’s access to the Site
  • Using the Site contrary to applicable laws and regulations, or in any way may cause harm to the Site or to any person or business entity
  • Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Site
  • Using the Site to engage in any advertising or marketing

INTELLECTUAL PROPERTY

All content included in this Site, such as text, graphics, logos, images, audio, video, and software, is the property of Company or its content suppliers and is protected by international copyright laws. The compilation of all content on this Site is the exclusive property of Company and is protected by international copyright laws.

YOUR ACCOUNT

Certain areas and/or functions of the Site may require that you create or obtain a user ID and password. Any user ID and password you may have for accessing the Site are confidential and you must maintain confidentiality as well.

REVIEWS, COMMENTS, AND OTHER USER CONTENT

You may be able to post reviews, comments, and/or other content (“Your Content”) to the Site. By posting such content, you grant Company a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.

Your Content must be your own and must not be invading or infringing on any third-party’s rights. Company reserves the right to remove any of Your Content from the Site at any time without notice.

RISK OF LOSS

All items purchased from Company are made pursuant to shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

PRODUCT DESCRIPTIONS

Company and its associates attempt to be as accurate as possible. However, Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Company itself is not as described, your sold remedy is to return it in unused condition.

THIRD PARTY LINKS

This Site may provide links or references to other sites. If Company has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that Company is connected with, operates or controls these web sites.

Company makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. Company disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that Company endorses the content of such sites. Where Company is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.

Company takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of Company. You agree that Company shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify Company and its affiliates from and against any Claims incurred as the result of any such dealings.

Company is not responsible for the content or practices of third party web sites that may be linked to this Site and makes no representation or warranty regarding such web sites or their content. This Site may also be linked to other web sites operated by companies affiliated or connected with Company. When visiting other web sites, however, you should refer to each such web site’s individual “Terms of Use” and not rely on this Agreement.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

APPLICABLE LAW

This Agreement is governed by the laws of the State of Colorado, without regard to conflicts of law provisions.

DISPUTES

Any dispute relating in any way to your visit to Company or to products you purchase through Company shall be submitted to confidential arbitration in The State of Colorado, United States of America (USA), except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in The State of Colorado, United States of America (USA), and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

INDEMNIFICATION

You hereby indemnify to the fullest extent Company from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of this Agreement.

WAIVER

No waiver of any provision of this Agreement shall be valid unless in writing and signed by an authorized representative of both you and Company. Company’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

SEVERABILITY

If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be reformed and construed so as to be valid and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not affect the validity and enforceability of the remaining provisions of this Agreement.

ASSIGNMENT

Company may assign its rights and duties under this Agreement to any party at any time without notice to you.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Company and you in relation to your use of this Site, and supersedes all prior agreements and understandings.

QUESTIONS AND CONTACT

For questions regarding this Agreement, please contact our Legal Department at [email protected]