PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Last updated April 30, 2010

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Jenny Walker (for purposes of this site d/b/a www.jenniewalker.com). The collective work includes works that are licensed to www.jenniewalker.com.  Copyright © 2010 Jennie Walker. All rights reserved. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.jenniewalker.com or to purchase www.jenniewalker.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.jenniewalker.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Jennie Walker and/or www.jenniewalker.com used in the site are trademarks or registered trademarks of Jennie Walker. 
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.jenniewalker.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.jenniewalker.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.jenniewalker.com does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Jennie Walker and www.jenniewalker.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.jenniewalker.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a www.jenniewalker.com product is mistakenly listed at an incorrect price, www.jenniewalker.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.jenniewalker.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.jenniewalker.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or download process. These terms and conditions, or any part of them, may be terminated by www.jenniewalker.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
www.jenniewalker.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.jenniewalker.com.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.jenniewalker.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
www.jenniewalker.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.jenniewalker.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.jenniewalker.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.jenniewalker.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless www.kaneandcouture.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, www.jenniewalker.com may link to sites operated by third parties. However, even if the third party is affiliated with www.kaneandcouture.com, www.jenniewalker.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.kaneandcouture.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.jenniewalker.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New York, NY., without regard to choice of law provisions,. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.jenniewalker.com products) shall exclusively be in the state or federal courts located in New York County, NY. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.jenniewalker.com products) must be commenced within one (1) year after the claim or cause of action arises. www.jenniewalker.com ‘s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.jenniewalker.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled.  www.jenniewalker.com may modify the terms of this Agreement by posting notice of such modification on this page of this website.

  Procedures of Making Claim for Copyright Infringement

www.jenniewalker.com takes protecting copyright seriously. If you believe that content of this site is being displayed in violation of your copyrights, please click here. 

[THEN LINK TO THIS SITE and call it COPYRIGHT POLICY]

COPYRIGHT NOTICES

Jennie Walker (“Jennie”) takes protecting copyright seriously. If you believe that a photo, video, article or other posting on the site is being displayed in violation of your copyrights, please follow the steps below to submit a copyright infringement notice.

To file a copyright infringement notification with Jennie , you will need to send a written communication that substantially conforms to the requirements of Section 512(c)(3) of the Copyright Act :

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent:

jennie@jenniewalker.com

Jennie will endeavor to ascertain the authenticity of the request, and upon verification, take down the infringing material.

Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to any resulting liability.

Counter-Notification

In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the DMCA requires Jennie to notify users if their materials have been removed and provide them with an opportunity to send a written notice stating that the material has been wrongly removed.

If you elect to send us such counter notice, to be effective it must be a written communication provided to our designated agent that substantially conforms to the requirements of Section 512(g)(3) of the Copyright Act :

(i) A physical or electronic signature of the subscriber.

(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(iii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(iv) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under Section 512 (c)(1)(C) of the Copyright Act, or an agent of such person.

Such written notice should be sent to our designated agent as follows:

jennie@jenniewalker.com

Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of registered users who are repeat infringers.

If, upon receiving a proper Notice, Jennie promptly removes or blocks access to the material identified in the notice as infringing, Jennie shall be exempt from any monetary or other liability. Moreover, Jennie shall not be liable to any person or entity for any claimed based on the material removed from the Site.

If a photograph, video or other representation of your likeness (or someone to whom you are a parent or legal guardian) is posted on the Site without your permission, please send an email to jennie@jenniwalker.com

Last updated April 30, 2010.

Copyright © 2010 Jennie Walker. All rights reserved.