Karma Kraft, LLC – Privacy Statement / Terms of Use

Last revised – May 10, 2010.

Karma Kraft, LLC (“Karma Kraft”), a North Carolina limited liability company, offers a service via the World Wide Web whereby users have the ability to upload original and/or legally licensed graphic designs for display and or purchase as custom printed textiles. Karma Kraft does not provide Services (as such term is hereinafter defined) to individuals who cannot confirm that they are using graphic designs either created by themselves or to which they possess a legal license permitting them to reproduce such design on textiles. Karma Kraft does not provide Services to any individual younger than eighteen (18) years old. Users under the age of eighteen (18) should make use of the Services only through a parent or guardian.

This web site is operated by Karma Kraft, LLC. This Privacy Statement / Terms of Use document both describes our practices in collecting and processing personally identifiable data that is provided through our web site and establishes the terms on which users may use this web site located at www.karmakraft.com (the “Site”). All of the services offered by Karma Kraft and/or the Site shall be collectively referred to as the Services. By accessing or using our Site, you (the "User,” or, alternatively, “you”) signify that you have read, understand, and agree to be bound by the terms stated within this document as the same may be revised from time to time. Any updates to this document will be posted on our Site. If you do not agree to all of the conditions as expressed within this Privacy Statement / Terms of Use document, you should discontinue any use and/or access of Karma Kraft’s Services and Site.

PLEASE READ THIS DOCUMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

Privacy Policy And Practices. 

We at Karma Kraft respect all Users’ right to privacy. Your privacy is very important to us and we will do our best to protect the security and confidential¬ity of your personal information. One of the reasons that we have created this document is to inform you of our information collection, use, and sharing practices in conjunction with this Site. We will use the personal information provided by you only in the normal course of our business. We won’t sell, rent or otherwise share your personal information with others without your express consent except as necessary to comply with legal process or other applicable legal requirements, to provide the services you have requested, to protect or defend our rights or property, or as otherwise permitted by law.

What Is Personal Information And When Is It Collected?

When you visit the Site, when you purchase from the Site, when you apply for an account on the Site, when you submit graphic designs to Karma Kraft via the Site, when you contact Karma Kraft via e-mail, or when you voluntarily provide information to Karma Kraft in response to us contacting you, you potentially provide us with two types of information: personal information you knowingly choose to disclose that is collected by us (“User Content,” as further defined below); and web site use information collected by us as you interact with our Site (“Site Content,” as further defined below). Collectively, User Content and Site Content are referred to as “Personal Information.” Since Karma Kraft does not offer Services to individuals younger than eighteen (18) years of age, Karma Kraft does not collect the Personal Information of minors.

In registering for an account or providing other Personal Information to Karma Kraft, you warrant that all such information you provide is true, correct, and accurate. You also warrant that you will promptly notify Karma Kraft if such information changes at a subsequent date. You are solely responsible for the security and confidentiality of your account’s respective password and user identification.

User Content.

You are solely responsible for the profiles (including your name, image, and likeness, if any), messages, notes, text, email address, graphic designs, illustrations, photographs, information, and other content that you upload, publish or display (hereinafter, "post") on or through the Site (collectively, the “User Content”) or by any other means. You agree and understand that any material you elect to post in regard to graphic designs that are to be presented on public portions of the Site are public and can be viewed by other Users of the site, registered or otherwise. In accordance with the other representations made within this Privacy Statement / Terms of Use document, you may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that Karma Kraft may, but is not obligated to, review the Site and may edit, delete or remove (without notice) any User Content in its sole discretion, for any reason, or no reason, including User Content that, in the sole judgment of Karma Kraft, might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the web site or provide to Karma Kraft. You understand and agree that the submission of any User Content of any kind to Karma Kraft, and the download or upload of any material or content through Karma Kraft's Services, is done at your own discretion and risk. You will be solely responsible for any loss or damage to your content or any damage to your computer system or loss of data that may result in the use of Karma Kraft’s Services and Site, including, but not limited to, the download or upload of any content.

When you post User Content to the Site, you authorize and direct Karma Kraft to make such copies thereof as deemed necessary in Karma Kraft's sole discretion in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Karma Kraft an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content in connection with the Site, the Services or the promotion thereof.

Karma Kraft does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this document, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Site Content.

When you enter the Site, we may collect your browser information (type, version, etc.), the referring site (if any) that linked to our site and your IP address. If collected, this information is gathered for all Site visitors. In addition, we may store certain information about you using "cookies" (collectively with the browser information and IP address, the “Site Content.”). A cookie is a piece of data stored on the User's computer tied to information about the User. We use cookies to associate Users with their previous activity on the Site. The Site will “remember” your information making it easier for you to contribute when you come back to the Site. You can clear your browser’s cookies (using the settings in your browser) if you want to disable this convenience feature.

Karma Kraft Does Not Monitor Content.

Karma Kraft’s website allows Users to upload content unilaterally at times of their choosing. As such, Karma Kraft does not offer any monitoring service as to any graphic design content uploaded by any of its Users at any time, nor does Karma Kraft claim to perform any such monitoring service. Further, Karma Kraft is unable to guarantee that any content uploaded by any User was actually created and is being operated by the entity that claims to have submitted such content. All User compliance with this Privacy Statement / Terms of Use document in regard to content uploaded to the Site is exclusively the responsibility of such Users. Karma Kraft expressly reserves the right both review all uploaded content from time to time and to delete any User-submitted graphic design content from the Site at any time and for any reason, including, but not limited to, such content’s violation of this Privacy Statement / Terms of Use document. Karma Kraft also reserves the right to provide any of the Services or access to the Site to any individual for any reason, including, but not limited to, such User’s violation of this Privacy Statement / Terms of Use document.

How Do We Protect The Confidentiality And Security Of Your Personal Information?

Your Personal Information is protected by computer software security programs and hardware installed in connection with the Site which protect against the loss, misuse or alteration of your Personal Information. We offer the use of a secure server in our efforts to protect your Personal Information. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your information such as your credit card data will not be stored on Karma Kraft servers or retained by Karma Kraft. In consideration of your use of the Site, you agree to provide accurate, current, and complete information about you as may be prompted by any registration forms on the Site ("Registration Data").

Your Consent.

By using our Site, you consent to the collection and use of your Personal Information by Karma Kraft. This document reflects Karma Kraft’s current policies and practices and is subject to change at any time in Karma Kraft’s sole discretion. In the event of a change, a revised version of this Privacy Statement / Terms of Use document will be posted to our Site in a timely manner. You should review this document periodically to remain informed of any changes. Your continued use of the Services following any such modification to these Terms of Use indicates that you consent to all such changes and continue to accept the Terms of Use as amended. Karma Kraft shall have no responsibility to individually contact Users regarding any such revisions.

Your Representations Regarding Copyrights And Intellectual Property; Karma Kraft’s Removal Of Infringing Materials.

Each User is singularly responsible for all graphic designs that are submitted to Karma Kraft from that User's account.

YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OR AUTHORIZED LICENSEE OF ALL CONTENT WHICH YOU SUBMIT TO KARMA KRAFT AND THAT YOU HAVE THE FULL LEGAL AUTHORITY TO SUBMIT SUCH CONTENT TO KARMA KRAFT FOR USE WITH KARMA KRAFT’S SERVICES, INCLUDING THE REPRODUCTION OF SUCH CONTENT. YOU REPRESENT AND WARRANT THAT ALL CONTENT DOES NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS, INCLUSIVE OF COPYRIGHTS AND TRADEMARKS, OR ANY OTHER RIGHTS OF ANY OTHER PARTIES. YOU ALSO REPRESENT THAT ALL CONTENT WHICH YOU SUBMIT TO KARMA KRAFT IS NOT CURRENTLY THE SUBJECT OF ANY OUTSTANDING DISPUTES IN CONNECTION WITH THE INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS ASSOCIATED WITH SUCH CONTENT, EITHER IN WHOLE OR IN PART.

Karma Kraft fully respects all of the rights associated with the intellectual property of others. If you believe your copyright in any particular work has been violated through the Services, please contact Karma Kraft’s intellectual property compliance officer. Please be aware that pursuant to certain provisions of the Copyright Act individuals who knowingly and falsely represent non-infringing activity as infringing may be subject to specific forms of legal liability. This officer can be reached by mail at Karma Kraft, LLC, 5805 North Beaver Lane, Raleigh, NC 27604, by telephone at (919) 793-3033 and by electronic mail at design@karmakraft.com. In order for Karma Kraft to fully evaluate your claim of violation, you must provide the following information in writing:

  • A detailed description of the copyrighted work that you believe has been infringed;
  • A detailed and sufficient descriptive identification of the material located on Karma Kraft’s website that you believe infringes your work;
  • All of your relevant contact information (full name, mailing address, telephone number, and email address);
  • A good faith statement that you believe the disputed work is infringing upon/unauthorized by the copyright’s owner or agent or, more generally, the law;
  • A declaration under penalty of perjury that (a) the information you have provided to Karma Kraft is accurate, and (b) you are the owner of the copyright involved or, if you are not the owner, you are authorized to act on behalf of that particular copyright’s owner; and,
  • Your physical or electronic signature.
Upon receiving your complaint in compliance with the aforementioned terms, Karma Kraft will evaluate your claim and act in a commercially reasonable fashion. Actions taken will be pursuant to the Digital Millennium Copyright Act and/or any other applicable statutory scheme. Among other actions, Karma Kraft may remove from and/or disable on Karma Kraft’s Site the material that you believe infringes upon your copyright and may terminate the account(s) of the User(s) who uploaded such material that you believe infringes upon your copyright.

User's Responsibility Regarding User-Uploaded Content.

Separate and apart from the representations made within the Section of this Privacy Statement / Terms of Use document titled “Your Representations Regarding Copyrights and Intellectual Property; Karma Kraft’s Removal of Infringing Materials,” you as a User agree not to submit any graphic designs and/or images to Karma Kraft that:

  • Are unlawful (including federal and state child pornography, child sexual exploitation or similar laws), harmful, defamatory, threatening, harassing, obscene, indecent, libelous, tortuous, or otherwise objectionable;
  • Violates any third party individual’s right of privacy or right of celebrity;
  • Consist in whole or in part of insider information, confidential information, or otherwise similarly protected information of any third party; and
  • Consist in whole or in part of advertising, solicitation and/or promotional materials, including those that would be considered "spam" and/or "chain letters";
  • Contain computer viruses or other malignant code intended (i) to capture information from Karma Kraft and/or Karma Kraft’s other users, (ii) make use of Karma Kraft’s computer network and/or other computer facilities for any purpose other than the provision of the Services, or (iii) destroy or limit the functionality of Karma Kraft’s computer hardware and/or computer network.
Karma Kraft shall store graphic design content submitted by users online. Karma Kraft reserves the right to delete and/or remove any graphic design content from Karma Kraft’s online storage at any time and for any reason.

User's Retention Of Intellectual Property Rights.

Karma Kraft does not claim any approval, endorsement or ownership of any intellectual property, copyright or otherwise, associated with any graphic design submitted to the Services by any User. All intellectual property rights and the ownership of the same shall be retained by such intellectual property’s owner. While you do not grant Karma Kraft any ownership rights in your intellectual property by submitting your original graphic designs to Karma Kraft, you do grant Karma Kraft a non-exclusive, worldwide, transferable, royalty-free license to use, modify, copy, distribute, and display those graphic designs in order for Karma Kraft to both perform and advertise for the Services both for yourself as well as for other users (if you elect to allow your graphic design content to be sold to other Karma Kraft users) including the creation of derivative works bearing such original graphic design content by Karma Kraft via websites related to Karma Kraft such as Flickr (http://www.flickr.com/photos/karmakraftprinting/). At any time that you wish to no longer permit Karma Kraft to utilize your graphic designs, you can request Karma Kraft to delete such designs. Even if you choose to remove your graphic designs from the Site, you acknowledge that Karma Kraft may retain archived copies of all of your graphic designs. By uploading graphic design content to Karma Kraft in association with the Services, you waive any claim against Karma Kraft and its subsidiaries, affiliates and their respective managers, officers, directors, shareholders, and employees from and against all claims of any kind directly relating to the representation of your original graphic design materials on Karma Kraft’s website or through the provision of Karma Kraft’s Services.

Indemnity.

As condition of your use of the Services, you hereby completely agree to indemnify, defend, and hold harmless Karma Kraft, its subsidiaries, affiliates and their respective managers, officers, directors, shareholders, and employees from and against all claims, damages, losses, judgments, awards, costs, liabilities, and expenses (including, without limitation, attorney fees and expert witness fees) relating to (i) you or your representative's submission of graphic design content to Karma Kraft for use, creation or manufacture through any of Karma Kraft’s Services and/or on the Site, including to the degree such submission consists of an unauthorized copyrighted work and/or work which may be or is ruled to be an infringement upon the rights of a third party, (ii) your overall use of the Services and/or Site, or (iii) your violation of the terms of this Privacy Statement / Terms of Use document.

Disclaimer Of Warranties.

YOU, AS USER, UNDERSTAND AND FULLY AGREEE THAT ALL USE OF THIS WEBSITE AND KARMA KRAFT’S SERVICES IS DONE AT YOUR SOLE AND EXCLUSIVE RISK. ALL OF KARMA KRAFT’S SERVICES, PRODUCTS, WEBSITES, AND ASSOCIATED INFORMATION AND TEXT IS PROVIDED TO YOU, THE USER, ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTIES WHATSOEVER ARE PROVIDED TO YOU, THE USER, BY KARMA KRAFT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED BY KARMA KRAFT AND ITS REPRESENTATIVES. KARMA KRAFT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. KARMA KRAFT DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

KARMA KRAFT IS NOT RESPONSIBLE FOR THE CONTENT SUBMITTED BY ANY USER OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS BY THIRD PARTIES TAKEN ON OR IN CONNECTION WITH ANY PARTICULAR USER’S CONTENT.

IN NO EVENT WILL KARMA KRAFT OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE SITE, EVEN IF KARMA KRAFT IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KARMA KRAFT'S LIABILITY TO YOU, THE USER, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KARMA KRAFT FOR THAT PARTICULAR SERVICE, BUT IN NO CASE WILL KARMA KRAFT'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO KARMA KRAFT FOR THE PARTICULAR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM KARMA KRAFT, REGARDLESS OF THE CAUSE OF ACTION.

Order Status And Applicable Law.

You acknowledge that all orders are offers to purchase initiated by you, the customer, which are subject to acceptance by Karma Kraft at Karma Kraft’s home office in Raleigh, North Carolina. Such acceptance by Karma Kraft is conditional upon your acceptance of the Privacy Statement / Terms of Use document. By placing an order through the Site, you are warranting and representing that you have the authority to accept the terms of this Privacy Statement / Terms of Use document and that you have fully accepted them as presented herein.

All Karma Kraft sales are final.

The terms of this Privacy Statement / Terms of Use document will be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any principle of conflicts of laws. Any action or claim arising out of or relating to this Privacy Statement / Terms of Use document or any transaction between any User and Karma Kraft shall be brought only in a federal or state court sitting in Wake County, North Carolina. As a User you waive any objection to jurisdiction of the North Carolina state or federal courts for resolution of any dispute that may arise.

Termination.

You may delete your account at the Site, inclusive of all User Content, at any time. Please contact Karma Kraft if you wish to do so. Karma Kraft also reserves the right to delete any User’s account and/or User Content at any time in its sole discretion for any reason or no reason at all. As a User you acknowledge that Karma Kraft has such a right as a term of the use of the Site and the Services, and that Karma Kraft’s exercise of such right shall not give rise to any liability or claim by you as a User or by any third party.

In the event of any such deletion or termination by either a User or Karma Kraft, Karma Kraft retains the right to retain archived copies of all of your User Content and Personal Information.

Third Party Links.

Karma Kraft may include on the Site links to third party sites in reference to various third party products or services. Such links to third party sites are covered by separate and independent privacy policies corresponding to each such site. Karma Kraft offers such third party links as a convenience to its customers and retains no responsibility or liability for the content and activities of these linked sites. Nonetheless, Karma Kraft seeks to protect the integrity of the Site and welcomes feedback or any kind from any User about these sites so linked.

General Provisions.

No failure of Karma Kraft to insist upon or enforce strict performance by the User of any provision within this Privacy Statement / Terms of Use document or to exercise any right as stated within that same document shall be construed as a waiver or relinquishment to any extent of Karma Kraft’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect.

Each and every provision of this Privacy Statement / Terms of Use document shall be considered severable, and if for any reason any provision or provisions herein are dermined to be indefinite, invalid, contrary to any existing or further laws, or otherwise unenforceable, that shall not impair the operation or effect of any other portion of this document and this document shall be considered modified, but only to the extent necessary to make the provision enforceable.

All text, graphics, design, selection, and arrangement of information on this Site are protected by U.S. and international copyright laws - ©2009-present Karma Kraft, LLC. All rights reserved.

All pricing presented on the Karma Kraft website for Services are listed in United States Dollars ($ USD).

You should assume that all of the content or other works made available to you on the Site that was not uploaded personally by you (the “Content”) is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display, or perform any Content without the express permission of the owner of that particular Content.

If a delivery date is specified for one of Karma Kraft’s Services, that date is an estimated delivery date and it will be extended to the extent that delivery is delayed by reason of fire, flood, war, riot, strike, natural disaster, mill delays or any other force majeure event beyond Karma Kraft’s reasonable control.

Karma Kraft does not charge customers for color matching, so all color matching is attempted to the best of Karma Kraft's ability on the day of printing. Temperature and humidity are kept constant in the printing room but this is not a guarantee of exact color matching. Karma Kraft does not guarantee exact color matching nor penetration of color to the back of fabric therefor Karma Kraft does not refund orders for these issues.

Karma Kraft has the right to canel or deny any order at anytime for any reason.

All Karma Kraft sales are final.

"Karma Kraft" is a trademark of Karma Kraft, LLC. Any unauthorized use of this trademark, or other trademarks owned by Karma Kraft, LLC, is strictly prohibited.