Terms & Conditions, Privacy Policy
PRIVACY POLICY
Effective Date: 14-03-2023
We are committed to protecting Your privacy. This Privacy Policy describes how We collect, use, store, share and protect the information collected through https://katyalandau.com/ (the “Website”).
In this Privacy Policy, "We", "Us", and "Our" refer to Katya Landau LLC. For more information about Us, see “Our Details” at the end of this Policy.
This Privacy Policy is incorporated into and subject to Our Terms and Conditions. Capitalized words used but not defined in this Privacy Policy have the meaning given to them in the Terms and Conditions.
Please be advised that the practices described in this Privacy Policy apply only to information gathered online through the Website. This Privacy Policy applies where We are acting as a data controller with respect to the Personal Data of visitors, users, clients and customers (“You,” or “Your”); in other words, where We determine the purposes and means of the processing of that Personal Data.
PLEASE READ THIS PRIVACY POLICY CAREFULLY because it affects Your rights under the law. You confirm that You have read and agreed to be bound by this Privacy Policy. If You do not agree with this Privacy Policy, You cannot use, access, create or publish in the Website. This Privacy Policy may change as We continuously improve the Website, so please check it periodically.
We reserve the right to modify or amend the Privacy Policy from time to time without notice. Your continued use of the Website following the posting of changes to these terms will mean You accept those changes. If We intend to apply the modifications or amendments to this Privacy Policy retroactively or to Personal Data already in Our possession, We will provide You with notice of the modifications or amendments.
Contents
Your Data
Personal Data
Data We Collect
How We Collect Data
Personal Data On Or From Social Media
Use of Personal Data
Sharing Of Personal Data
Data Security
Your Right to Access
Your Right to Withdraw Consent
Your Right to Update, Correct or Delete
California Privacy Rights
No Personal Data From Children
Cookie Policy
Cookie We Use
Purpose Of Using Cookies
Cookies Used by Our Service Providers
Managing Cookies
Links To Or From Another Website
Changes And Updates
Our Details
1 Your Data
Katya Landau LLC strives to provide you with the best possible service. In order to provide this service we may need to collect information from you from time to time. At all times we try to only collect the information we need for the particular function or activity we are carrying out and use it in accordance with this privacy policy.
We collect two basic types of information from You from Your use of the Website: Personal Data and Non-Personal Data.
2 Personal Data
"Personal Data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
As a general matter, You can browse the Website without submitting Your Personal Data to Us. However, there are a number of circumstances in which You may supply Us with Your Personal Data.
2.1 Data We Collect
We collect the following Personal Data from You:
Full Name;
E-mail;
Phone Number;
2.2 How We Collect Data
The following are the most common ways in which You give Your Personal Data:
Submission of User Content on any part of the Website that permit it;
Any other place in the Website where You knowingly volunteer to give Personal Data.
Signing up to receive e-mail newsletters or e-mail alerts from Us;
Signing up to receive e-mail offers from Us or Our partners;
Requesting for service or other assistance;
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3 Personal Data On Or From Social Media
When You interact with the Website or Your Account through a social media platform, such as Facebook, Twitter, Tumblr, LinkedIn, YouTube, or Pinterest, We may collect the Personal Data that You make available to Us on that page including Your account ID or handle. We will comply with the privacy policies of the corresponding social media platform and We will only collect and store such Personal Data that We are permitted to collect by these social media platforms.
Please do NOT supply any other person's Personal Data to Us, unless We prompt You to do so.
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4 Use of Personal Data
We do NOT sell or license Your Personal Data to any third party.
We may process any of Your Personal Data identified in this Privacy Policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is Our legitimate interests, namely the protection and assertion of Our legal rights, Your legal rights and the legal rights of others.
In addition to the specific purposes for which We may process Your Personal Data set out in this clause, We may also process any of Your Personal Data where such processing is necessary for compliance with a legal obligation to which We are subject, or in order to protect Your vital interests or the vital interests of another natural person.
Specifically, We use Your Personal Data for the following:
responding to Your queries and requests;
investigating complaints;
enforcing Our Terms and Conditions;
as otherwise required or authorized by law or government agency.
providing Goods and Services to You;
improving and developing Our Website;
verifying Your identity;
processing Your requests or instructions;
customizing Services;
rewards, competitions, marketing or other promotional materials;
recognizing You when Your return to Our website;
tracking sales data;
providing tips, news and/or updates;
processing Your feedback on Goods and Services;
creating personalized offers;
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5 Sharing Of Personal Data
We may share your Personal Data with the following:
Payment Services Providers. Financial transactions relating to Our Website and Services are OR may be handled by Our payment services providers, Square. We will share Transaction Data with Our payment services providers only to the extent necessary for the purposes of processing Your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://squareup.com/us/en/legal/general/privacy.
Third-Party Suppliers. We may disclose Your Enquiry Data to one or more of those selected third-party suppliers of Goods and Services identified on Our Website for the purpose of enabling them to contact You so that they can offer, market and sell relevant Goods and/or Services to You. Each such third party will act as a data controller in relation to the Enquiry Data that We supply to it; and upon contacting You, each such third party will supply to You a copy of its own privacy policy, which will govern that third party's use of Your Personal Data. The suppliers and providers with whom We may share Your information include:
Analytics services
IT service providers and web hosting companies
Newsletter distributors
Legal, auditing and other professional advisors or consultants
Billing or data storage services
Other Purposes. In addition to the specific disclosures of Personal Data set out in this Section, We may disclose Your Personal Data where such disclosure is necessary for compliance with a legal obligation to which We are subject, or in order to protect Our vital interests, Your vital interests, or the vital interests of another natural person. We may also disclose Your Personal Data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
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6 Data Security
We follow generally accepted industry standards to protect the information submitted to Us, both during transmission and once We receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in Our possession. This includes, for example, firewalls, password protection and other access and authentication controls.
We use HTTPS
HTTPS (Hypertext Transfer Protocol Secure) is an internet communication protocol that protects the integrity and confidentiality of data between your computer and katyalandau.com/. The use of HTTPS makes sure your communication with us is:
Encrypted — The data you exchange with us is secure from eavesdroppers. That means that when you are browsing katyalandau.com/, nobody can track your activities across multiple pages, or steal the data exchange between your computer and katyalandau.com/.
Integral — The use of HTTPS preserves the integrity of data. Your data cannot be modified or corrupted during transfer.
Authenticated — HTTPS protocol authenticates your communication with us. This ensures that you are always communicating with our servers.
However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information You transmit to Us or store on the Website, and You do so at Your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of Our physical, technical, or managerial safeguards. If You believe Your Personal Data has been compromised, please contact Us at katya@katyalandau.com.
If We learn of a security systems breach, then We attempt to notify You electronically so that You can take appropriate protective steps. We may post a notice through the Website if a security breach occurs.
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7 Your Right to Access
We provide You with reasonable access to the Personal Data that You may provide through the Website.
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8 Your Right to Withdraw Consent
At any time, You may legitimately object to the processing of Your Personal Data, except if otherwise provided by applicable law. You may decline to share certain Personal Data with Us, in which case We may not be able to provide to You some of the features and functionality of the Website.
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9 Your Right to Update, Correct or Delete
You may update, correct, or delete Your Account Data and preferences at any time by accessing Your Account settings page on the Website. If You wish to access or amend any other Personal Data We hold about You, or to request that We delete any information about You that We have obtained from an Integrated Service, You may contact Us. Please note that while any changes You make will be reflected in active user databases instantly or within a reasonable period of time, We may retain all information You submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where We otherwise reasonably believe that We have a legitimate reason to do so.
We will however retain Your information needed for administrative and transactional communications.
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10 California Privacy Rights
If You are a California resident, California Civil Code Section 1798.83 permits You to request and obtain from We, information regarding the disclosure of Your Personal Data to the third parties for direct marketing purposes in the preceding calendar year, free of charge, once a year.
We do not share Your Personal Data with third parties for those parties' direct marketing use. For more information about Our privacy and data collection policies, You may wish to review Our Privacy Policy.
California residents, who are under 18 and are registered users of We, are allowed to request and have removed, any content or information that they have posted publicly. However, in cases where the law does not require or allow the removal of information, this may not be applicable. This is under California Business and Professions Code Section 22581.
California Do Not Track Disclosure: We do not track the personally identifying information of Our users and visitors over time and across third party websites to provide targeted advertising. We respond to Do Not Track (DNT) signals. However, some other third-party websites do keep track of Your browsing activities so that they can tailor the information or advertising they present to You. If You wish to opt out of this tracking, You can enable privacy settings in Your browser.
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11 No Personal Data From Children
We do not knowingly collect Personal Data from children under 13 years of age in the USA or 16 years of age in the European Union. The Website is not directed to children under the age of 13 in the USA or 16 in the European Union. We will not knowingly allow children under 13 in the USA or 16 in the European Union to register for or become users of the Website.
If You are under 13 in the USA or 16 in the European Union years of age, You should not provide Personal Data to Us.
If We discover that a child under the age of 13 in the USA or 16 in the European Union has provided Us with Personal Data and We do not have parental consent, We will immediately delete that child’s information.
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12 Cookie Policy
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies do not typically contain any information that personally identifies a user, but Personal Data that We store about You may be linked to the information stored in and obtained from cookies.
12.1 Cookie We Use
Session Cookies
These are temporary cookies that contain no expiration date and are deleted after the users browser is closed. You will be required to log in again at the next session, where you will be treated as a new user
Session cookies examples: Shopping cart, remembering previous actions, managing and passing security tokens, multimedia content player session cookies, load balancing session cookies and third party social content plug in sharing cookies
Persistent Cookies
These are cookies which are saved in your browser until they are deleted by the you or are deleted by your browser after they reach their expiration date.
Persistent cookies examples: Authentication, language selection, theme selection, favorites, internal site bookmarks, menu preferences, address and payment information.
Functionality Cookies
Functionality cookies allow us to remember choices that have been made by you in order to create an experience that’s made to fit. These cookies safely store authentication and identification information, for example your language selection or region.
Performance Cookies
Performance cookies allow us to collect information, such as the most used pages or error messages, in order to understand how you use our website and enable us to create a better user experience. All information collected by performance cookies in anonymous.
12.2 Purpose Of Using Cookies
Authentication - We use cookies to identify You when You visit Our Website and as You navigate Our Website;
Personalization - We use cookies to store information about Your preferences and to personalize the Website for You;
Security - We use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect Our Website and Services generally;
Analysis - We use cookies to help Us to analyze the use and performance of Our Website and Services;
Cookie Consent - We use cookies to store Your preferences in relation to the use of cookies more generally.
12.3 Cookies Used by Our Service Providers
Our service providers use cookies and those cookies may be stored on Your computer when You visit Our Website.
Google Analytics. We use Google Analytics to analyze the use of Our Website. Google Analytics gathers information about Website use by means of cookies. The information gathered relating to Our Website is used to create reports about the use of Our Website. Google's privacy policy is available at: https://www.google.com/policies/privacy/.
12.4 Managing Cookies
You can disable cookie tracking and learn more about the privacy policies of the third parties We use by visiting the following links:
Third Party Opt Out Page Privacy Policy
Google Analytics Opt Out Privacy Policy
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13 Links To Or From Another Website
The Website may contain links to other sites operated by Our affiliates or third parties. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through these other sites. We are not responsible for the actions and privacy policies of third parties and other sites.
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14 Changes And Updates
Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which We may update from time to time. If We modify the Privacy Policy, We will make it available through the Website, and indicate the date of the latest revision. Any material changes will be posted on this Website and will come into effect 30 Days after their posting.
In the event that the modifications materially alter Your rights or obligations hereunder, We will make reasonable efforts to notify You of the change. For example, We may send a message to Your email address, if We have one on file, or generate a pop-up or similar notification when You access the Website for the first time after such material changes are made. If You do not refuse the changes in writing before they become effective, this shall mean that You have consented to the Privacy Policy as changed. Your continued use of the Website after the revised Privacy Policy has become effective indicates that You have read, understood and agreed to the current version of the Privacy Policy.
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15 Our Details
If you have questions or concerns regarding this policy or if you need to make a request please contact us at:
Mail: 2991 Sacramento Street, Unit #133 94702 Berkeley CA United States
E-mail: katya@katyalandau.com
Telephone: 3053022817
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TERMS & CONDITIONS
Introduction
Welcome to katyalandau.com/ (the "Website").
These Terms and Conditions ("Agreement") are a legal agreement that explain the terms and conditions that all visitors, users, clients and customers ("You", or "Your") must comply with when using the Website. By using the Website, You agree to abide by all of the terms and conditions in this Agreement.
This Agreements incorporates Our Privacy Policy and Disclaimer.
These Terms and Conditions outline the rules and regulations for the use of katyalandau.com/. PLEASE READ THIS AGREEMENT CAREFULLY because it affects Your rights and liabilities under the law. By using or accessing the Website, You confirm that You have read and agreed to be bound by this Agreement. If You do not agree with this Agreement, You cannot use or access the Website.
These Terms and conditions are governed by the law of California, USA
Contents
Click below to jump to any section
Definitions
User Rights and Responsibility
Acceptable use
Prohibited Use
Our Content
Trademarks/ No Endorsement
Your Account
Website Information
Security
Links to this Website
Third Party Links
Intellectual Property Rights
Copyright Notice
Disclaimers
Limitation of Liability
Indemnity
Release
Communication
Dispute Resolution and Arbitration
Termination
Consequences of Termination or Expiration
Revisions
Force Majeure
Minimum Age Requirements
General
User Feedback
Notice for California Users
Contact Us
1 Definitions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all agreements:
"Company," "Us," "We," and "Our" refers to Katya Landau LLC.
"Content" is the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.
"Invoice" is a list of the Goods sent or the Services We provide to You, detailing individual amounts of Goods or Services plus a sum total.
"Party" refer to either You, or Us, or any other party to this Agreement. "Parties" refer to both You and Us.
"Services" refer to any work We perform for You.
"Supply" means to provide the Goods or Services as per the Invoice.
"You" and "Your" refer to the visitor, user, client, customer or person accessing the Website and thus accepting this Agreement.
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2 User Rights and Responsibility
2.1 Acceptable use
Katya Landau LLC will not be held liable should the website be unavailable for any amount of time.
You are responsible for the safety and confidentiality of your passwords and usernames. Katya Landau LLC has the right to terminate or suspend your username and password should we suspect non compliance by you.
You are not a minor in the jurisdiction in which you reside.
You will not use any meta tags or any other "hidden text" utilizing Our name or trademarks without Our express written consent.
The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent.
Your use and access of the Website does not include any right of resale or commercial use of the Website or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website 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.
You must use our website for lawful purposes only.
2.2 Prohibited Use
While using our service the following terms must be adhered to:
to transmit or send unsolicited or unauthorized advertising or promotional material in any form.
Disrupt or attempt to disrupt Our servers in any way that could cause harm to the Website.
Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (a) disrupt, damage, or limit the functioning of the Website, any software, hardware, or telecommunications equipment used in connection therewith; or (b) damage or obtain unauthorized access to any data or other information of any third party.
Harass, abuse, threaten or incite violence towards any individual or group.
in any way that breaks or breaches applicable local, national or international laws or regulations.
in any way which is fraudulent or unlawful.
Hold Yourself out as sponsored by, endorsed by, or affiliated with Us or the Website.
Interfere with any other person's use of or the proper functioning of the Website.
Misrepresent Your identity or impersonate any person.
Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us.
Provide any information that is false, misleading or inaccurate.
Use any portion of the Website for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
Violate the privacy of any third party, this includes, but is not confined to, posting personal information about another person or entity without consent.
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3 Our Content
Except for User Content as defined in User Content clause below, all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations ("Our Content"), are owned by Us, Our licensors, vendors, agents and/or Our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
The Website, Our Content and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed.
You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, You are authorized to view, play, print and download copyrighted documents, audio and video found on Our Website for personal, informational, and noncommercial purposes only.
Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.
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4 Trademarks/ No Endorsement
All of Our trademarks, service marks and trade names used herein (including but not limited to: the Katya Landau LLC name, Katya Landau LLC logo, the Website name, the Website design, and any logos) (collectively "Marks") are Our trademarks or registered trademarks or of Our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Our prior written consent. The use of Our trademarks on any other site or network computer environment is not allowed. We prohibit the use of Our trademarks as a "hot" link on or to any other site, unless We have approved in advance the establishment of such a link. You shall not use Our name or any language, pictures or symbols which could, in Our judgment, imply Our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
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5 Your Account
In consideration of Your use of the Website, You will:
provide true, accurate, current and complete information about Yourself as prompted by the Website's registration page (such information being the “Account Data”); and
maintain and promptly update the Account Data to keep it true, accurate, current and complete.
You are entirely responsible for the security and confidentiality of Your password and Account. You will not share Your Account Data or Your username and password with any third party or permit any third party to login to the Website using Your Account Data. Furthermore, You are entirely responsible for any and all activities that occur under Your Account. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services and Website.
You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security of which You become aware.
The Website may also include a tool that allows You to sign in or register using information from Your accounts in third party services, such as Facebook, Twitter, Google, Yahoo, or LinkedIn. These third-party services are not related to the Website, and Your use of such third-party services is subject to the terms and policies of those services.
For more information on how We collect, store, use, and share Your Account Data, please check Our Privacy Policy
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6 Website Information
We attempt to ensure that information on the Website is complete, accurate and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website.
Through Your use of the Website, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive. By using Our Website, You assume all associated risks.
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7 Security
Information provided by you through katyalandau.com/ is stored on a secured private server. While we have taken reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through our Website, through online ordering, or in databases stored on our servers.
Our online ordering functionality employs Secure Sockets Layer (SSL) software, the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information. Please see our Privacy Policy for full details on security.
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8 Links to this Website
Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another site without Our prior written permission is prohibited.
We grant You a nonexclusive right to display at Your site any link that would permit any user to go from Your site to Our Website. You obtain no rights other than the right to link to Our Website. Further, We do not guarantee, approve, or endorse the information or products available on Your site.
You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Us. You agree to not use the links in any manner that is likely to reduce, diminish or damage the goodwill, value or reputation associated with Us. You warrant that Your site does not include any material, and does not contain links to sites displaying any material, which is harmful, pornographic, abusive, hateful, obscene threatening, defamatory, or which encourages illegal activity. Upon notice from Us, You shall promptly remove the links.
If Your wish to obtain written consent from Us, please contact us using our contact page
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9 Third Party Links
From time to time, the Website may contain links to sites that We and Our affiliates do not own, operate nor control. All such links are provided solely for Your convenience. If You use these links, You will leave the Website. Neither We nor any of Our respective affiliates are responsible for any content, material or other information located on or accessible from any other site. Neither We nor any of Our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from any other site, or the results that You may obtain from using any other site.
We do not control, endorse, sponsor or approve of the third parties or their content not do We take any responsibility for any aspect of these websites or their content. If You decide to access any other site linked to or from this Website, You do so entirely at Your own risk. You agree to be aware when You leave the Website and to read the privacy statements of these sites. You will evaluate the security and trustworthiness of any site connected to or accessed through the Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of personal information to those third-party sites.
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10 Intellectual Property Rights
We claim copyright and all other intellectual property rights to all the material on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings and text.
Our intellectual property is protected under copyright, trademark and other intellectual property laws.
As part of this Agreement, You agree to not reproduce, distribute, sell, publish or broadcast any of the material found on this Website without Our prior written consent.
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11 Copyright Notice
All Website design, graphics, text selections, arrangements, and all software are of Copyright © 2023, Katya Landau LLC or its licensors. ALL RIGHTS RESERVED.
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12 Disclaimers
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
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13 Limitation of Liability
We do not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect Your computer, telecommunication equipment, or other property caused by or arising from Your access to, use of, or browsing the Website, or Your downloading of any information or materials from this Website. IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE 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 FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
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14 Indemnity
You agree to defend, indemnify and hold Us and any of Our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or the internet or Your placement or transmission of any message or information on this Website by You or Your authorized users; (b) Your violation of any term of this Agreement, including without limitation, Your breach of any of the Representations and Warranties above; (c) Your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) Your violation of any law, rule or regulation of USA or any other country; (e) any claim or damages that arise as a result of any User Content that You provide to Us; or (f) any other party’s access and use of the Website with Your unique username, password or other appropriate security code.
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15 Release
In the event that You have a dispute with one or more other visitors, users, customers, or clients of the Website, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
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16 Communication
We reserve the right to send You an electronic mail for the purpose of informing You of changes or additions to the Website or this Agreement.
Except as disclosed in Our Privacy Policy, We will not monitor, edit, or disclose the contents of Your e-mail, unless required in the course of normal maintenance of the Website and its systems, or unless required to do so by law or in the good-faith belief that such action is necessary to: (a) comply with the law or comply with legal process served on Us or the Website; (b) protect and defend Our rights or property of, the Website, or the users of the Website; or (c) act in an emergency to protect the personal safety of Our guests, the Website, or the public.
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17 Dispute Resolution and Arbitration
You and We agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to this Agreement, the Website, any subscription to the Website or any other aspect of Our relationship (“Subject Legal Claim”).
To help resolve any issues between Us promptly and directly, You and We agree to begin any arbitration within 15 days after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived.
In an attempt to find the quickest and most efficient resolution of Our issues, You and We agree to first discuss any issue informally for at least 15 days. To do that, please send Your full name and contact information, Your concern and Your proposed solution by email to Us at katya@katyalandau.com. If We should need to discuss an issue with You, We will contact You using the email or mailing address on Your Account.
If We do not reach an agreed upon solution after Our discussions for at least 15 days, You and We agree that any Subject Legal Claim that either of Us may have must be resolved through binding individual arbitration in California, USA in accordance with American Arbitration Association.
There are two limited exceptions to this Dispute Resolution and Arbitration provision: (a) either Party may pursue in small claims court any action that is within that jurisdiction, as long as the case proceeds on an individual basis only; (b) either Party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.
You and Us also agree to arbitrate in each of Our individual capacities only, not as a representative or member of a class, and each of Us expressly waives any right to file a class action or seek relief on a class basis.
You may download a form Notice to initiate arbitration at www.adr.org. If You initiate the arbitration, Your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. It is important that You understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.
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18 Termination
We may terminate this Agreement:
for any or no reason during any free use of the Websites or Services;
if You breach any of the terms of this Agreement, and that breach is not remediable;
if You breach any of these terms of this Agreement and that breach is not remedied within 0 of receiving written notice of the breach;
if You have failed to pay any due charges by the stated date.
We may also block Your access to Our Website in the event that:
You breach this Agreement;
We are unable to verify or authenticate any information You provide to Us; or
We believe that Your actions may cause financial loss or legal liability for You, Our users or Us.
You may terminate Your use of the Website or the Services by contacting Us through our contact details in this policy. The termination request will be subject to Our verification of Your ownership of the Account.
In terminating Your Account, You shall be liable to pay all fees and charges that have accrued up until the termination takes place. You are personally liable for any orders placed or charges incurred through Your Account prior to termination.
Either Party may terminate the Agreement:
Upon 0 days' written notice to the other party of a material breach, if such breach remains uncured at the expiration of such period;
If the other party becomes the subject of petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
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19 Consequences of Termination or Expiration
Upon the effective date of termination or expiration of this Agreement:
All rights, Subscriptions and licenses granted to You shall be terminated immediately.
You will immediately cease use of and/or access to the Account, Website, and the Services.
We will suspend or terminate Your access to the Website and Services.
We will suspend or terminate access to any or all of the data to the extent permitted by law
The termination or expiry of this Agreement shall not affect any of Our accrued rights and liabilities at any time up until the date of termination.
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20 Revisions
This Agreement is subject to Our revision and changes from time to time. Your continued use of the Website after the revision and changes will mean that You agree, without qualification, to the revised Agreement.
If You are not a registered Subscriber of the Website, then You can review revisions to this Agreement by regularly checking this page.
Material revisions to this Agreement will be indicated by an updated effective date at the top left corner of this page and by a notice posted on the homepage of the Website.
It is Your responsibility to remain apprised of any revisions to this Agreement and to remain in compliance therewith.
Should You object to any such revisions to this Agreement or become dissatisfied with the Website in any way, Your only recourse is to immediately terminate Your membership or discontinue use of the Website. Otherwise, continuing to use, visit, access or use the Website after the effective date means that You agree to be bound by any and all revisions.
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21 Force Majeure
We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
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22 Minimum Age Requirements
Our Website is not directed to children. Access to and use of Our Website is only for those who are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements. If You are younger than this, You may not register for or use Our Website.
Any person who registers as a user or provides their personal information to Our Website represents that they are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.
In agreeing with this Agreement, You represent and warrant that You are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.
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23 General
Jurisdiction and Choice of Law. Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the state of California, USA. You consent to the exclusive jurisdiction of the state and federal courts located in Berkeley, California, USA.
Entire Agreement. This Agreement and the other agreements stipulated to be incorporated herein are the entire agreement between You and Us and supersede any prior understandings or agreements (written or oral).
A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole discretion. You cannot assign this Agreement without Our written consent.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
No Waiver. Our failure to act with respect to Your or others’ breach does not waive Our right to act with respect to subsequent or similar breaches.
Survival. Clauses “Trademarks/No Endorsement”, “Advertising Rights”, “Intellectual Property Rights”, “DISCLAIMERS”, “LIMITATIONS OF LIABILITY”, “Indemnity”, “Release”, “Communications”, and “Dispute Resolution and Arbitration” shall survive any termination or expiration of this Agreement.
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24 User Feedback
We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Website (“Feedback”). You may submit Feedback by emailing Us at katya@katyalandau.com. You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that You own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
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25 Notice for California Users
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are at https://katyalandau.com/how-it-works You may contact Us at our contact page. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
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26 Contact Us
If You do not understand any of the foregoing terms and conditions or if You have any questions or comments, please contact Us through Katya Landau LLC, katya@katyalandau.com
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YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.