Terms & Conditions
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit Kipmark or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Kipmark solely owns information, title, copyright and other intellectual property rights within the content of our website. All contents are protected by US and international copyright laws. All other trademarks not owned by Kipmark or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kipmark or its subsidiaries.
You may use the information on this site for your personal use in evaluating our products and services. By placing an order on our site, it is understood that the responsibility and authority to represent the text and/or logos for which these items will be used by the customer.
With respect to intellectual property rights in submitted artwork and objectionable artwork be advised that copyrighted and trademarked artwork belonging to other individuals or entities may not be used as artwork in products that we print unless you have the owner’s express permission to do so. We reserve the right to request confirmation of such permission, and to not accept the order if, in our sole discretion, it appears that the final product would violate applicable laws. We follow this policy because a failure to do so could result in legal action by the owner. Further, subject matter that is deemed by us to contain derogatory, inflammatory or objectionable remarks, images or symbols will not be accepted. Examples of this include derogatory, inflammatory or objectionable content about an individual or a group’s race, religion, national origin, physical attributes, sexual preference or content containing profanity or pornography.
LICENSE AND SITE ACCESS
Kipmark grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Kipmark. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kipmark. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kipmark and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Kipmark’s name or trademarks without the express written consent of Kipmark. Any unauthorized use terminates the permission or license granted by Kipmark. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Kipmark so long as the link does not portray Kipmark, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Kipmark logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
You are responsible for maintaining the confidentiality of your account and password created on this site and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Kipmark reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Kipmark reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Kipmark and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kipmark and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Kipmark or its associates for all claims resulting from content you supply.
Kipmark takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS & SHIPPING DELAYS
All items purchased from Kipmark are made pursuant to a shipment contract. Customer agrees that it will not hold Kipmark accountable for delays in delivery occasioned by acts of God or other circumstances over which we have no direct control. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Kipmark be liable for any consequential or special damages arising from any delay in delivery.
Kipmark attempts to provide accurate and color-correct product images on our site that best reflect the true nature of the products. However, web site images are inherently limited in their ability to communicate color, scale, and detail. We recommend our customers to obtain product samples when necessary and available in order to avoid disappointment. Without this process we cannot be held responsible for the difference between the image as it appears on your monitor and the final product.
Due to the nature of the production process, slight variations and imperfections in ceramic and glass wares are not considered flaws. Variations in raw materials, glazes, production equipment and firing temperatures may also result in variations of size, shape, glaze, color, pock marks, etc. These conditions are within acceptable industry standards.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY KIPMARK ON AN "AS IS" AND "AS AVAILABLE" BASIS. KIPMARK 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, KIPMARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
KIPMARK DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MYCOMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIPMARK 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Kipmark. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Any claims against Kipmark shall be submitted to confidential arbitration in Los Angeles, California. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's 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. In any such arbitration, the parties shall be responsible for their own costs, expenses and attorney's fees. [This clause can be made more specific concerning the method and manner of dispute resolution.] In the event that this arbitration provision is unenforceable, any litigation regarding this agreement or any transaction between the customer and Kipmark.com shall be brought in the state or federal courts located in Los Angeles County, California, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper.
By visiting Kipmark.com you agree that the laws of the state of California without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Kipmark or its associates.