KB and Friends Scrapbooking
Offbeat Artistry digital scrapbook kit Kit used in this photo:

Rhyme Time ABCs
Categories
Page Kits
Elements
Paper Packs
Printables
Altered Art
Animals
Birthday
Children
Collections
Fall
Quick Pages/Albums
Hobbies/Sports
School
Nature
Professions
Retro
Spring
Summer
Travel
Vintage
Wedding
Winter
Free
Special Offers
Gift certificates

Designers
Kathryn Balint
Velma Balint
Collaboration

Help
FAQ
Shipping & Returns

Search Search

Help zone

Terms & Conditions

KB and Friends Terms of Use

1. Your Acceptance

By using or visiting the KB and Friends website (“Website”), you signify your agreement to (1) these terms and conditions (“Terms of Use”), and (2) KB and Friends’ privacy notice (“Privacy Notice”), found at http://www.kbandfriends.com/store/help.php?section=business and incorporated here by reference.   These Terms of Use and Privacy Notice constitute a valid and binding agreement between you and KB and Friends.   If you do not agree to the Terms of Use or the Privacy Notice, please do not use the Website.   Your use of the Website and its services is entirely conditioned on and governed by these Terms of Use.

Although we may attempt to notify you when changes are made to these Terms of Use, you should periodically review the most up-to-date version at http://www.kbandfriends.com/store/help.php?section=conditions.   KB and Friends may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions.  

2. KB and Friends Website

These Terms of Use apply to all users of the Website.   The Website may contain links to third party websites that are not owned or controlled by KB and Friends.   KB and Friends has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.   By using the Website, you expressly relieve KB AND FRIENDS from any and all liability arising from your use of any third-party website.   Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.  

3. KB and Friends Accounts

In order to access some features of the Website, you will have to create a KB and Friends account.   In creating your account, you must provide accurate and complete information, and you must promptly update such information as applicable.   You may never use another’s account without permission.   You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.   You must notify KB and Friends immediately of any breach of security or unauthorized use of your account.   Although KB and Friends will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of KB and Friends or others due to such unauthorized use.

Except in order to operate the Website and provide its services, KB and Friends does not share your account information with third parties without your prior written consent.   You acknowledge and agree, however, that KB and Friends reserves the right to disclose your account information and other Website-related information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of any third parties; or (d) protect the rights, property, or personal safety of KB and Friends, its users, or the public.

4. General Use of the Website -- Permissions and Restrictions

KB and Friends hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

You agree not to distribute in any medium any part of the Website, excepting layouts or crafts projects you have made for your own personal use using KB and Friends digital products, without KB and Friends’s prior written authorization.

You agree not to alter or modify any part of the Website.

You agree not to use the Website for any commercial use, including without limitation for resale, for advertising for-profit services or ventures, or mass distribution, without the prior written authorization of KB and Friends and the payment of a commercial fee.   However, digital scrapbooking products that are sold on the site specifically for commercial use and which you have purchased are allowed to be used according to the terms included with the product.

You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes.   You agree not to solicit, for commercial purposes, any users of the Website with respect to their Layouts or Comments (defined below).

You will otherwise comply with the terms and conditions of these Terms of Use and all applicable local, national, and international laws and regulations.

KB and Friends reserves the right to discontinue any aspect of the Website at any time.

5. Scrapbooks and Comments

This Website consists of tools, content, text, images, logos, designs and other information (“KB and Friends Content”) for purchasing digital scrapbook products for your personal use and sharing Layouts.   The Website also encourages its users to communicate via chatrooms with one another regarding these Layouts (“Comments”).   In addition, the Website allows you to contribute your own tools, content, text, images, logos, designs and other information (“Third Party Content”); you may not modify, reproduce, distribute, and display in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner thereof.   In order to use either of these features, you must register on the Website.   The Layouts and Comments are for your personal use, and may not be used in connection with any commercial endeavors except with the prior written approval of KB and Friends and the payment of a commercial fee.

KB and Friends offers free space for storage of your low-resolution Layouts. You acknowledge that KB and Friends’s storage is not without risk, and you agree not to hold KB and Friends liable for any lost LAYOUTS, content, OR OTHER INFORMATION from your use of the Website, regardless of fault.

While using or visiting this Website, conduct yourself with respect towards yourself and others.   KB and Friends encourages dialogue, discussion, and interaction; we trust our users to act responsibly.   So, do not engage in any conduct, whether creating Layouts or providing Comments, that is or could be considered illegal, harmful, or disrespectful.   This includes actions that are: violent, pornographic, sexually explicit, illegal, threatening, or a violation of intellectual property law.   Only upload content that you have the right to use, and you remain solely responsible for the Third Party Content you contribute to the Website.

6. Payment Terms

You acknowledge that KB and Friends charges fees for products and services on this Website.   KB and Friends may change the prices so charged from time to time in its sole discretion and without any prior notice to you.   All payments to KB and Friends, if not collected at the time of purchase, are due within thirty (30) days after such service is initiated.   You remain liable to KB and Friends for KB and Friends’ expenses (including reasonable attorneys fees) of collecting overdue accounts.   KB and Friends may charge interest on past due amounts at the rate of one and a half percent (1.5%) per month, or the highest rate permitted by applicable law.

7. Term and Termination Policy

These Terms of Use remain in effect for as long as you continue to use or visit this Website.   If your use of the Website terminates for any reason, paragraphs 8 though 14 in these Terms of Use shall survive.

KB and Friends reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to the Website at any time, for any or no reason, with or without prior notice, and without liability.   KB and Friends expressly reserves the right, in its sole discretion, to remove any Layouts or Comments and/or restrict, suspend, or terminate your access to the Website for creating or uploading material in violation of these Terms of Use.  

8. Copyrights and Licenses

You represent and warrant that: (a) you own or have the permission to post Layouts on the Website; and (b) the posting of any Layouts or Comments on the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, trademarks, or any other rights o f any person or entity.   You agree to pay for all royalties, fees, and any other monies owing any person by reason of your actions on the Website.

The KB and Friends Content provided by KB and Friends to you is protected by copyright, trademark, and other laws, and KB and Friends and its third party providers own and retain all right, title, and interest in and to the KB and Friends Content.   Except as specifically provided immediately below, nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of KB and Friends’ intellectual property without its prior written consent.   KB and Friends hereby grants you a limited, revocable, nonexclusive, nonsublicensable license to modify, reproduce, distribute, and display the KB and Friends Content as part of your personal, non-commercial use of the Website.   In addition, the Website contains the tools and content of third parties (i.e., the Third Party Content).   If you contribute Third Party Content to the Website, you hereby grant to KB and Friends a perpetual, worldwide, transferable, nonexclusive, sublicensable, royalty-free and fully paid-up license to modify, reproduce, distribute, and display the Third Party Content as part of providing services through the Website; provided, however, that you retain ownership of your Third Party Content.

you specifically acknowledge that KB AND FRIENDS DOES NOT PRE-SCREEN ANY THIRD PARTY CONTENT.   KB and Friends will investigate, and will take actions it deems reasonably necessary, in its sole discretion, to cure or remove any proven violation.

KB and Friends will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows:

If you believe your copyright or the copyright of another has been infringed on the Website, please provide KB and Friends’ Copyright Agent with a written notice containing 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 email address;
  5. a 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;
  6. 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.

Claims of infringement by the Website should be addressed to KB and Friends’ Copyright Agent at the following street address: Copyright Agent, KB and Friends, 11676 Treadwell Drive, Poway, CA 92064.

9. Warranty Disclaimer

YOU AGREE THAT THIS WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.”   YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.   TO THE FULLEST EXTENT PERMITTED BY LAW, KB AND FRIENDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.   KB AND FRIENDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF KB AND FRIENDS CONTENT OR THIRD PARTY CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

10. Limitation of Liability

IN NO EVENT SHALL KB AND FRIENDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.  

IN NO EVENT SHALL KB AND FRIENDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU IN EXCESS OF THE AMOUNT OF MONEY PAID BY YOU TO KB AND FRIENDS FOR YOUR USE OF THE WEBSITE OVER THE LAST TWELVE (12) MONTHS.

THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES.   YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND KB AND FRIENDS.   IF YOU DO NOT ACCEPT THIS ALLOCATION OF RISK DO NOT VISIT OR USE THE WEBSITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT KB AND FRIENDS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by KB and Friends from its facilities in the United States of America.   KB and Friends makes no representations that the KB and Friends Website is appropriate or available for use in other locations.   Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless KB and Friends, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Layouts or Comments causes damage to a third party.  

12. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

13. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KB and Friends without restriction.

14. General

You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over KB and Friends, either specific or general, in jurisdictions other than California.   These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.   Any claim or dispute between you and KB and Friends that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California.   These Terms of Use, together with the Privacy Notice and any other legal notices published by KB and Friends on the Website, shall constitute the entire agreement between you and KB and Friends concerning the Website.   If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.   No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and KB and Friends’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.   KB and Friends reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes.   Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.  

 
Copyright © 2006-2014 KB and Friends, vintage, retro and whimsical scrapbooking