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Terms of Use

Please read these terms and conditions of use carefully before using this site.

By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use please do not use this site. We reserve the right without notice, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.

 

Restrictions on Use of Materials

This site is owned and operated by The Thomas Kinkade Company (hereinafter collectively referred to as The Thomas Kinkade Company).  The copyright in all material provided on this site is held by The Thomas Kinkade Company or the original creator of the material.  Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of The Thomas Kinkade Company or the copyright owner.  No material from this site or any other site owned, operated or controlled by The Thomas Kinkade Company may be copied, reproduced, republished, uploaded posted, transmitted, or distributed in any way.  Modification of the materials or use of the materials for any other purpose is a violation of The Thomas Kinkade Company’s copyright and other proprietary rights.  For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited.  All trademarks, service marks, and trade name are proprietary to The Thomas Kinkade Company.  In the event you download software from this site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the Software) are licensed to you by The Thomas Kinkade Company.  The Thomas Kinkade Company does not transfer title to the Software to you.  You own the medium on which the Software is recorded, but The Thomas Kinkade Company retains full and complete title to the Software, and all intellectual property rights therein.  You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

 

Submissions

The Thomas Kinkade Company is please to hear from its customers and welcomes your comments regarding The Thomas Kinkade Company products, including The Thomas Kinkade Company online services.  Unfortunately, however, The Thomas Kinkade Company’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested.  We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by The Thomas Kinkade Company professional staff might seem to others to be similar to their own creative work.  Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as story ideas or character ideas, screenplays, or original artwork.  While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials.  If at our request you send certain Media-specific submission (e.g., artwork, photographs, personal stories or personal reflections for social sharing purposes, or postings to contests) or, despite our request that you not send us any other creative materials, you do send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of The Thomas Kinkade Company.  None of the Submissions shall be subject to any obligation of confidence on the part of The Thomas Kinkade Company, and The  Thomas Kinkade Company shall not be liable for any use or disclosure of any Submission.  Without limitation of the foregoing, The Thomas Kinkade Company shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

 

Forums and Public Communications

“Forum” means an e-mail function offered as part of this site.  You shall not upload to, distribute through, or otherwise publish through this site any content which is libelous, defamatory, obscene, pornographic, threatening invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.  The Forums shall be used only in a non-commercial manner.  You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.  You specifically acknowledge that soliciting other online guests to join or become members of any commercial online service or other organization is expressly prohibited.  It is The Thomas Kinkade Company’s policy to respect the privacy of all guests.  In addition, we may, at our sole discretion, monitor, edit, or disclose the contents of a guest’s e-mail when required in the course of normal maintenance of this site and its systems or particularly when required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on The Thomas Kinkade Company; (2) protect and defend the rights or property of The Thomas Kinkade Company; or (3) act in an emergency to protect the personal safety of our guest or the public.  Guests shall remain solely responsible for the content of their messages.  By posting or uploading materials to any Forum or submitting any material to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such material or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.  In addition, you warrant that all so-called “moral rights” in those materials have been waived.  You agree to indemnify The Thomas Kinkade Company for any and all claims, damages, losses, and cause of action arising as a result of your posting or uploading materials to any Forum or submitting any material to us or your failure to comply with these terms of use.  While The Thomas Kinkade Company does not and cannot review every message posted by user in the Forums and is not responsible for the content of these messages, The Thomas Kinkade Company reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

 

Linked Sites

The Thomas Kinkade Company is not necessarily affiliated with sites which may be linked to this site and is not responsible for their content (“Linked Sites”).  The Linked Sites are for your convenience only and you access them at your own risk.

 

Jurisdictional Issues

Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting The Thomas Kinkade Company products available in the United States, its territories, possessions, and protectorates.  This site is controlled and operated by The Thomas Kinkade Company from its offices within the State of California, United States of America.  The Thomas Kinkade Company makes no representation that materials in this site are appropriate or available for use in other locations.  Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Software from this site is further subject to the United States export controls.  No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a nation or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By download or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

Termination

These terms and conditions of use are effective until terminated by either party.  You may terminate these terms of use at any time by not using this site and by destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under the terms of these terms of use or otherwise.  These terms will terminate immediately without prior notice from The Thomas Kinkade Company if in The Thomas Kinkade Company’s sole discretion you fail to comply with any term or provision of these terms of use.  Upon termination, you must destroy all materials obtained from this site and any and all other The Thomas Kinkade Company site(s) and all copies thereof, whether made under the terms of these terms of use or otherwise.

 

Disclaimer

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE THOMAS KINKADE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE THOMAS KINKADE COMPANY DOES NOT WARRANT THAT THE FUNCTION CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE THOMAS kINKADE COMPANY DOES NOT WARRANT OR MANY ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU (AND NOT THE THOMAS KINKADE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE THOMAS KINKADE COMPANY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THE THOMAS KINKADE COMPANY OR A THE THOMAS KINKADE COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, S THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN NO EVENT SHALL THE THOMAS KINKADE COMPANY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

 

Other

These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Santa Clara County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  In no event shall you be entitled to injunctive or other equitable relief.  If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.  This is the entire agreement between us relating to the subject matter herein and shall not be modified except as post by The Thomas Kinkade Company on this site or in writing, signed by The Thomas Kinkade Company.