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Introduction

These Terms of Use apply to http://www.lokemaking.com (the ‘Website’ or the ‘Site’). The Site is operated by LOKÉ. Throughout the Site, the terms ‘we,’ ‘us’ and ‘our’ refer to LOKÉ. LOKÉ offers this Website, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this Site constitutes your agreement to these Terms of Use.

 

Terms of Use Do Not Apply to Software, Product or Service Offerings

These Terms of Use do not apply to any product or service we offer for sale on the Site. Those product or service offerings are subject to separate terms and conditions that accompany the applicable product or service offering.

 

Accuracy, Completeness and Timeliness of Information on This Site

LOKÉ is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. As the actual product colors you will see will depend on your monitor, we are unable to promise or guarantee that your monitor’s display of any color will accurately reflect the color of the product delivered to you.

 

Features and Functionality Provided by Third Parties; Third Party Terms

Certain content, features and functionality on the Site may be owned and operated by third parties (collectively, ‘Third Party Providers’). Your use of and interaction with such content, features and functionality (collectively, ‘Third Party Content’) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms of Use will not apply to your use of the Third Party Content and that you will be subject to and comply with the terms of use offered by such Third Party Providers. You acknowledge that we are not responsible or otherwise liable for third party content or the acts or omissions of third party providers and that any claims or other causes of action available to you in connection with either of the foregoing will be brought against the applicable third party provider(s) and not us.

 

Use of Materials on the Site

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by LOKÉ, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to LOKÉ, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. LOKÉ reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. LOKÉ, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in LOKÉ’s sole discretion. LOKÉ neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with LOKÉ.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. LOKÉ reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which LOKÉ may be entitled at law or in equity.

 

Conduct on the Site

You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without LOKÉ’s express written consent. Further, you may not utilize any Site content in any meta tags or any other ‘hidden text’ techniques or technologies without LOKÉ’s express written consent.

 

Infringement Notice

You are hereby informed that LOKÉ has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of LOKÉ’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify us at info@loké.com

To be effective, your notification must be in writing and include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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;
4. 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;
5. 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; and
6. 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.

LOKÉ is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.

 

Disclaimers

Your use of this site is at your sole risk. The site is provided on an ‘as is’ and ‘as available’ basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. LOKÉ expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from LOKÉ or through or from the site shall create any warranty of any kind. LOKÉ does not make any warranties or representations regarding the site or the use of the materials on the site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

 

Limitation of Liability

You acknowledge and agree that you assume full responsibility for your use of the site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither LOKÉ nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the site, or for any information, products or services advertised in or obtained through the site, LOKÉ’s removal or deletion of any materials submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if LOKÉ, its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither LOKÉ nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with LOKÉ is to discontinue your use of the site. You and LOKÉ agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.

 

Indemnification

You agree to indemnify, defend and hold harmless LOKÉ and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site, any information or other content you supply, and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. LOKÉ reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with LOKÉ in the defense of such matter.

 

Changes to These Terms of Use

LOKÉ reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Site after any changes to the Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Website and the revised terms will take effect thirty days after their publication on the Site.

 

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and LOKÉ with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site 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 unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.