Terms of Use and Terms of Sale

Welcome to Sakinadesign.com, a website operated by Sakina Design, LLC. The following is a legal agreement between Sakina Design, LLC. and its parents, subsidiaries and affiliates (collectively "Sakinadesign.com") and you. By using and accepting this site in any way or by purchasing goods or services, you agree to be bound by these terms and conditions of sale. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with Sakinadesign.com in any way, your only remedy is to immediately discontinue use of the Sakinadesign.com website.

Sakinadesign.com expressly reserves the right, but is not obligated, to strictly enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution.


MODIFICATIONS TO THIS AGREEMENT

Sakinadesign.com expressly reserves all rights, including the right, at its sole discretion, to revise, change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You should review these Terms of Use on a regular basis to keep yourself apprised of any changes.


PRIVACY AND INFORMATION DISCLOSURE

Sakinadesign.com has established a Privacy Policy to explain to users how their information is collected and used. Sakinadesign.com, its affiliates or people who post on the website, may provide links to third party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and encourage all users to read the privacy policies of each and every website visited. We may collect personal information if you provide it in feedback, comments, order forms or direct contact. Please do not post any personal information on the website that you expect to keep private. Although we make good faith efforts to store information in a secure operating environment unavailable to the general public, we cannot guarantee complete security. Sakinadesign.com may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. Sakinadesign.com may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: 1) enforce these Terms of Use; 2) respond to claims that any posting or other content violates the rights of third-parties; or 3) protect the rights, property, or safety of Sakinadesign.com and its agents and affiliates, the website, its users or the general public. Your use of the Sakinadesign.com website or the Content signifies that you acknowledge and agree that Sakinadesign.com may, in its sole discretion, preserve your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information.


COPYRIGHT

All Content included on this site, such as cards, artwork, pictures, text, graphics, logos, icons, products, audio clips and digital downloads are the property of Sakinadesign.com, or its content suppliers or licensors and is protected by United States copyright laws and common law copyright protection. You may not modify, public, transmit, copy, participate in the transfer, sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the Content, in whole or in part without the specific permission of Sakinadesign.com.


INTELLECTUAL PROPERTY NOTICES

This site or portions thereof are protected by the intellectual property laws of the United States and California state law. These include, but are not limited to, trademarks and copyrights.


CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from Sakinadesign.com, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via Sakinadesign.com. You understand that Sakinadesign.com does not control, and is not responsible for Content made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the website and Content available through the website may contain links to other websites, which are completely independent of Sakinadesign.com. Sakinadesign.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Sakinadesign.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the website. You acknowledge that Sakinadesign.com does not pre-screen or approve Content, but that Sakinadesign.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Content, for violating the letter or spirit of these Terms of Use or for any other reason.


PERMISSION TO USE CONTENT

Sakinadesign.com grants you a limited license to access and make personal, noncommercial use of this site and not to modify it, in whole or in part, except with express written consent of Sakinadesingn.com or where expressly permitted. You agree to not to use or resell Sakinadesign.com or the products or services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages. In order to purchase products or services through Sakinadesign.com, you agree that you are 18 years of age or older, or have the specific permission of a parent or legal guardian.


SITE SERVICES

Sakinadesign.com may change, suspend or discontinue any aspect of the products and services at any time, including the availability of any feature or content. Sakinadesign.com may also impose limits on certain features and services or restrict your access to parts or all of the products and services without notice or liability.


CONDUCT

You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that discriminates, harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
c) that violates federal, state, or local law;
d) that impersonates any person or entity, including, but not limited to, a Sakinadesign.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
e) that provides personal or identifying information about another person without that person's express, written consent;
f) that is false, misleading, deceptive, or deceitful;
g) that infringes any intellectual property rights or other proprietary rights of any party;
h) that constitutes "junk mail," "spam," or other unsolicited commercial advertisement;
i) that advertises any illegal Content or the sale of any items the sale of which is prohibited or restricted by any applicable law;
j) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k) that can reasonably be considered unsolicited commercial advertising, in Sakinadesign.com's sole discretion;
l) attempt to gain unauthorized access to Sakinadesign.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Content or the website; or
m) use any form of automated device or computer program that enables the submission of postings on Sakinadesign.com without each posting being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

You also acknowledge and agree that Sakinadesign.com may preserve Content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service and Use; (c) respond to claims that any Content violates laws or rights of third parties; or (d) protect the rights, property or personal safety of Sakinadesign.com, its users and the public.


PURCHASE OF PRODUCTS OR SERVICES

You agree to pay all fees and charges incurred through your purchase of any products or services at the time time of purchase and at the rates in effect for the billing period in which such charges are incurred. Sakinadesign.com does not provide refunds or credits if the price for particular products or services previously purchased by you is lowered or is part of a promotional offer.


LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL SAKINADESIGN.COM BE LIABLE FOR DAMAGES OF ANY TYPE RESULTING FROM YOUR USE, OR THE INABILITY TO USE, THE WEBSITE OR ITS CONTENT, EVEN IF SAKINADESIGN.COM OR A REPRESENTATIVE OF SAKINADESIGN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL EXTEND TO DAMAGES ARISING FROM ANY LINKS ON THE WEBSITE.


DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SAKINADESIGN.COM SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. THE SAKINADESIGN.COM WEBSITE AND CONTENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SAKINADESIGN.COM DISCLAIMS ANY WARRANTIES FOR GOODS AND SERVICES RECEIVED THROUGH, OR ADVERTISED ON, THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SAKINADESIGN.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE.


INDEMNITY

You and your respective affiliates, consultants, agents, heirs, personal representatives, successors, assigns and advisors SHALL INDEMNIFY AND HOLD HARMLESS Sakinadesign.com and, directly or indirectly, its affiliates, consultants, agents, partners, parents, heirs, personal representatives, successors, assigns and advisors, if Sakinadesign.com is or was a party or is threatened to be made a party to any threatened, pending or completed action, lawsuit, proceeding, claim, demand or any alternative dispute resolution mechanism, whether civil, criminal, administrative or investigative, arising from use of the website, use of the Content, any obligations arising under these Terms of Use, and any other matters arising under these Terms of Use, against expenses (including attorney fees), judgments, fines, damages, liabilities, losses, expenses and amounts paid in settlement actually and reasonably incurred by Sakinadesign.com in connection with such action, lawsuit, proceeding, claim, demand, or alternative dispute resolution mechanism. Such agreement to indemnify and hold harmless shall apply, at minimum, to claims for: 1) personal injury, disease or death of any person(s); 2) damage to or loss of any property; 3) money damages or specific performance owed to any third party; and 4) any fines, penalties, assessments, environmental response costs, or injunctive obligations.

Notwithstanding any other provision of this agreement, you hereby agree to indemnify Sakinadesign.com and its affiliates, consultants, agents, partners, parents, heirs, personal representatives, successors, assigns and advisors, without regard to whether the negligence, fault or strict liability of an indemnified party is a contributing or substantial factor, to the fullest extent permitted by applicable law in effect on the date hereof and to such greater extent as applicable law may hereafter from time to time permit.

Sakinadesign.com shall attempt to give you notice in writing as soon as practicable of any claim made against Sakinadesign.com for which indemnification will or could be sought under this agreement no later than one-hundred eighty (180) days following the discovery of such claim or right. Sakinadesign.com will give you such information and cooperation as it may reasonably require in aid of indemnification and as shall be within Sakinadesign.com's power.

The indemnification provided for herein shall not be deemed exclusive of any rights to which Sakinadesign.com may be entitled under applicable law, or otherwise.

Both you and Sakinadesign.com acknowledge that in certain instances, federal law or applicable public policy may prohibit you from indemnifying Sakinadesign.com. You understand and acknowledge that Sakinadesign.com may be required in the future to submit the question of indemnification to a court in certain circumstances for a determination of your rights under public policy to indemnify Sakinadesign.com. In such an instance, you agree to pay all reasonable fees and costs associated with the submission of the question of indemnification to a court.

Sakinadesign.com expressly reserves the right to participate in its defense with counsel of its own choosing.

The indemnification obligations set forth in this section will survive the termination of this agreement.


THIRD PARTIES

The Sakinadesign.com site and Content available through the website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Sakinadesign.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or Contents, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the website, including payment and delivery of goods or Contents, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.

You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Sakinadesign.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Sakinadesign.com is not an escrow, interested party, or agent of any party, and is under no obligation to become involved in any litigation, dispute, or other legal proceeding. In the event that you have a dispute with one or more other users, you hereby release Sakinadesign.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Content.

By accessing this website, you hereby waive California Civil Code Section 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."


ASSOCIATION MAY ESTABLISH FURTHER LIMITATIONS

You acknowledge that Sakinadesign.com reserves the right at any time to modify or discontinue the website and all Content therein (or any part thereof), with or without notice, and that Sakinadesign.com shall not be liable for any prevention of access to, or modification, suspension or discontinuance of the Content.


TERMINATION OF CONTENT BY SAKINADESIGN.COM

You agree that Sakinadesign.com, in its sole discretion, has the right (but not the obligation) to block your use of the Content (or any part thereof) or the website (or any part thereof), immediately and without notice, and remove and discard any Content, for any reason.

You agree that Sakinadesign.com is not liable to you or any third-party for any termination of your access to the Content or the website.

Although Sakinadesign.com does not claim ownership of content that its users post, by posting Content to any public area of the website, you automatically grant, and you represent and warrant that you have the right to grant, to Sakinadesign.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses. Furthermore, by posting Content, you automatically grant Sakinadesign.com all rights necessary to prohibit any display, copying, duplication, reproduction, or exploitation of the Content by any party, and for any purpose.


NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Sakinadesign.com's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at customerservice@sakinadesign.com

Please provide our Agent with the following Notice:
a) Identify the material on the Sakinadesign.com site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.

Sakinadesign.com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).


DISPUTES AND JURISDICTION

The law of California shall govern the provisions of this agreement and their interpretation and enforcement of the rights and duties of the Parties, without giving effect to any principal of conflicts of law.

Any disputes between you and Sakina Design, LLC shall be resolved in the Courts (Federal or California State) in Orange County, CA.


MISCELLANEOUS

These Terms of Use contain the complete and entire understanding and agreement between you and Sakinadesign.com, and supersedes any prior written or oral agreement or understanding between you and Sakinadesign.com concerning the subject matter contained herein.

The failure of Sakinadesign.com to exercise or enforce any right or provision of the Terms of Use does not and shall not constitute, nor be deemed to constitute a waiver of such right or provision. If any provision of these Terms of Use is determined to be invalid, unlawful, void or unenforceable, the remainder of these Terms of Use shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.