Welcome to Lekara Designs Web site (the "Site"). When you visit, create an account or purchase from the Site you are subject to these Terms of Use (the "Terms"). If you do not agree to the Terms please do not use the Site.
The Terms are subject to change, effective upon posting such on the Site. At our sole discretion we may send such changes to account holders via e-mail or regular mail. Continued use of the Site following the posting of any changes to the Terms will indicate acceptance by you of such changes. This Agreement is between you and Lekara Designs whether or not you create an account on the Site.
Privacy Policy and Security
Our Privacy Policy is part of this Agreement.
Your Account
Password and Security: As part of the registration process, you must select a password for access to your account. You shall be responsible for maintaining the confidentiality of your password and for all activities that occur under your account.
Updating Your Account: You may change your password, modify your personal information or demographic information and change your promotional e-mail preferences when you log into your account.
Children: If you are between 14 and 18 years of age, you may create an account only with the involvement of a parent or guardian.
Products & Orders
Risk of loss: The risk of loss and title for purchased items passes to you upon delivery of the item to the carrier for shipment to you.
Site Use
Lekara Designs, grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Lekara Designs. You may not use the Site or its content for commercial purposes whatsoever without express written consent.
Further prohibited activities include by way of example and not limitation:
Modifying, adapting, translating or reverse engineering any portion of the Site.
Removing any copyright, trademark or other proprietary rights notices contained in or on the Site.
Collecting any information such as product descriptions or images for unauthorized purposes.
Reformatting or framing any portion of the web pages that are part of the Site.
Creating accounts by automated means or false or fraudulent pretenses.
Submitting content of any third-party without such third-party’s prior written consent.
Creating a false identity in order to mislead others.
Downloading or copying account information for another merchant.
Downloading or linking to product images/descriptions.
Using data mining, robots or similar data gathering or extraction tools.
Copyright and Trademarks
All content on the site is the property of Lekara Designs or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Lekara Designs and protected by United States and international copyright laws. All software used on the Site is the property of Lekara Designs or its software suppliers and is protected by United States and international copyright laws. Lekara Designs is a service mark of Lekara Designs. All other trademarks or service marks not owned by Lekara Designs that appear on the Site are the property of their respective owners.
LEKARA DESIGNS, SITE AND ALL SUCH INFORMATION, CONTENT, PRODUCTS, AND MATERIALS ARE PROVIDED "AS IS" AND, "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,Lekara Designs DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INFORMATION, CONTENT, PRODUCTS, AND MATERIALS INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Some states do not allow the exclusion or limitation warranties, so the above disclaimers and exclusions may not apply to you.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR OWN RISK.
NOTWITHSTANDING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Lekara Designs AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $100.00.
Links
The Site may provide links to other World Wide Web sites or resources. Lekara Designs has no control over such sites and resources, you acknowledge and agree that Lekara Designs is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
Modifications and Changes
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Lekara Designs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
Miscellaneous
This Agreement will be governed by and construed in accordance with the laws the State of New York, without giving effect to its conflict of law provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Queens County, State of New York for any dispute with Lekara Designs or any or its members, officers, agents or employees. The Agreement constitutes the entire agreement between you and Lekara Designs and supersedes any and all prior agreements and contemporaneous communications between you and Lekara Designs. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Any waiver of any provision of this Agreement by a party will be effective if in writing and signed by a party. Any cause of action by you must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in the Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.
Copyright Policy
We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and e-mail address; (5) if possible, information to permit us to notify the user who posted the allegedly infringing material; (6) a written 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; (7) 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. Lekara Designs Copyright Agent for notice of claims of copyright infringement can be reached by e-mail at support@LekaraDesigns.com.
Last updated: May 4, 2006
Limitation of Liability
IN NO EVENT SHALL Lekara Designs BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF AND RELIANCE ON THE SITE, OR DELAY OR INABLIITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Lekara Designs HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Disclaimers
Lekara Designs disclaims any and all responsibility and liability for the accuracy, quality, content, timeliness, completeness, legality, reliability, operability or availability of the information, content, products, and materials contained on or available through the Site, or that defects or errors will be corrected, or that the content or e-mail sent from LekaraDesigns.com are free of viruses or other harmful components.
Description: Our product descriptions are as accurate as possible. Photographs and screen resolution on your computer monitor may make a product appear larger or smaller than its actual size. The color of a product as it appears on your computer monitor may not be the product’s actual color.
Prices: Prices are as displayed. In the event that the displayed price of an item is in error and the price actually higher, in our sole discretion, we may cancel the order and notify you of the cancellation or contact you for your instruction.
Cancellation: You may cancel your account at any time by sending e-mail to support@LekaraDesigns.com with ye may in our sole discretion, and with or without notice, cancel your order and/or your account at any time and for any reason.
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