Privacy Policy & Terms of Use

Kathy's Designs (the “Company”) is committed to maintaining privacy protections for its users.  Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.     For purposes of this Agreement, “Site” refers to the Company’s website, which can be accessed at http://www.kathys-designs.com/.  “Service” refers to the Company’s services accessed via the Site.   The terms “we,” “us,” and “our” refer to the Company.  “You” refers to you, as a user of our Site or our Service.   By accessing our Site or our Service, you accept our Privacy Policy and Terms of Use (found here: Terms of Use), and you consent to our collection, storage use, and disclosure of your Personal Information as described in this Privacy Policy.   I. INFORMATION WE COLLECT   We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit, and preferences that are generated based on the data you submit and the number of clicks. Personal Information includes your email, which you submit to us through the registration process at the Site.   1.   Information collected via Technology   To activate the Service you do not need to submit any Personal Information other than your email address. To use the Service thereafter, you [do/do not] need to submit further Personal Information. However, in an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files that include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis.  The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.   2.   Information you provide us by registering for an account   In addition to the information provided automatically by your browser when you visit the Site. You can create a profile by registering with the Service and entering your email address. By registering, you are authorizing us to collect, store, and use your email address in accordance with this Privacy Policy.   3. Children’s Privacy   The Site and the Service are not directed to anyone under the age of 16. The Site does not knowingly collect or solicit information from anyone under the age of 16, or allow anyone under the age of 16 to sign up for the Service. In the event that we learn that we have gathered personal information from anyone under the age of 16 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at gardens@cet.com.    II. HOW WE USE AND SHARE INFORMATION   Personal Information:   Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share for marketing purposes your Personal Information with third parties without your consent. Such as the servers for our email communications who are provided access to the user’s email address for purposes of sending emails from us. Those vendors use your Personal Information only in our direction and in accordance with our Privacy Policy.  In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.  We may share Personal Information with outside parties if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law.    Non-Personal Information:   In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers, and other third parties at our discretion.   III. HOW WE PROTECT INFORMATION   We implement security measures designed to protect your information from unauthorized access. We further protect your information from potential security breaches by implementing certain technological security measures. However, these measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by a breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.   IV. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION   You have the right at any time to prevent us from contacting you for marketing purposes.  When we send a promotional communication to a user, the user can opt-out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. You can also indicate that you do not wish to receive marketing communications from us on the Site. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out of the Site, We may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.   V. LINKS TO OTHER WEBSITES   As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link on our Site or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.   VI. CHANGES TO OUR PRIVACY POLICY   The Company reserves the right to change this policy and our Terms of Service at any time. Significant changes will go into effect 30 days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.   VII.         CONTACT US   If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by sending an email to gardens@cet.com. .Last Updated: This Privacy Policy was last updated on 12/15/2020.        Kathy's Designs Terms of Use    Welcome to Kathy's Designs Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at  http://www.kathys-designs.com/. “Service” refers to the Company’s services accessed via the Site. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.    The following Terms of Use apply when you view or use the Service [via our website located at  http://www.kathys-designs.com/].     Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.     

PRIVACY POLICY   The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (Privacy Policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.   ABOUT THE SERVICE   The Service allows you to what we offer.     REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE   You need to be at least [16 years old] and a resident of the United States to register for and use the Service.   USE RESTRICTIONS   Your permission to use the Site is conditioned upon the following use and conduct restrictions:   You agree that you will not under any circumstances:  ·    access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,  ·    collect or harvest any personal data of any user of the Site or the Service   ·    use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;  ·    distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);  ·    use the Service for any unlawful purpose or for the promotion of illegal activities;  ·    attempt to, or harass, abuse, or harm another person or group;  ·    provide false or inaccurate information;  ·    interfere or attempt to interfere with the proper functioning of the Service;  ·    make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;  ·    bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;   ·    circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or   ·    publish or link to malicious content of any sort, including that intended to damage or disrupt browsers or computers.    POSTING AND CONDUCT RESTRICTIONS    You agree that we are only acting as a passive channel for online distribution and publication of content. The Company, however, reserves the right to remove any content from the Service at its sole discretion.  We grant you permission to use and access the Service, subject to the following express conditions surrounding content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.   By transmitting and submitting any User Content while using the Service, you agree as follows:  ·    You will not post information that is malicious, libelous, false, or inaccurate;  ·    You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;  ·    You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and  ·    You hereby agree that we have the right to determine whether your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate with or without prior notice.   You understand and agree that any liability, loss, or damage that occurs as a result of the use of any Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.   The Site does not, and cannot, pre-screen or monitor all Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service or with other Users.   ONLINE CONTENT DISCLAIMER   Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.    We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.  Though we strive to enforce these Terms of Use, you may be exposed to content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any material that in its sole opinion violates or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State, and local law. If you become aware of misuse of our Service or violation of these Terms of Use, please contact us at gardens@cet.com.  LINKS TO OTHER SITES AND/OR MATERIALS   As part of the Service, we may provide you with convenient links to a third-party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third-Party Sites and Third Party Applications, Software or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.   COPYRIGHT COMPLAINTS   (a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers.  (b) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our designated copyright agent at gardens@cet.com:  1.   The date of your notification;  2.   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;  3.   A description 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;  4.   A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;  5.   Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;  6.   A statement that you have 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  7.   A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  (c) Counter-Notices. If you believe that your Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:  1.   Your physical or electronic signature;  2.   A description of the content that has been removed and the location at which the content appeared before it was removed;  3.   A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and  4.   Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Idaho, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.  If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.   INTELLECTUAL PROPERTY   You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable pictures, copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.   EMAIL MAY NOT BE USED TO PROVIDE NOTICE   Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents, or representatives in any situation where legal notice is required by contract or any law or regulation.   USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM   For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.   We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt-out of such an email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to gardens@cet.com.   Opting out may prevent you from receiving messages regarding the Site, the Service, or special offers.   WARRANTY DISCLAIMER   THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.   LIMITATION OF DAMAGES; RELEASE   TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.   If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”   MODIFICATION OF TERMS OF USE   We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use.   GENERAL TERMS   If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.   These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Idaho, without regard to conflict of law provisions.   We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.   YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [INSERT LINK TO 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.    If you have any questions regarding these Terms of Use or the practices of this Site, please contact us by sending an email to gardens@cet.com.Last Updated: This Privacy Policy was last updated on 12/15/2020.