this website is offered and made available only to users thirteen (13) years of age or older and certain features on this website (including, but not limited to, user registration) may be subject to other eligibility requirements. if you are not yet 13 years old and/or do not meet any other eligibility requirements, please discontinue using the website immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these terms, please discontinue using the website immediately, because by using or attempting to use the website, you certify that you are at least thirteen (13) years of age or other required greater age for certain features and meet any other eligibility requirements of the website.
the information and features included in this website have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. by accessing or linking to this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
if you register with the website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the website using your name in whole or in part. company may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.
this website and all of the content it contains, or may in the future contain, including but not limited to articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, copyrights, logos, domain names, trade names, service marks, patents and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "material") are owned by or licensed to company and/or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. unless expressly permitted in writing by company in advance, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the material. nothing contained in these terms or on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written approval of company or such third party that may own the material or intellectual property displayed on the website. unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the material is strictly prohibited. any use of the material other than as permitted by these terms will constitute a violation of these terms and may constitute copyright, trademark, and/or patent infringement. you agree not to use the material for any unlawful purposes, in any way not expressly permitted herein, and not to violate company's rights or the rights of others. you agree not to interfere (or permit the use of your membership by a third party to interfere) with the normal processes or use of the website by other members, including without limitation by attempting to access administrative areas of the website. you agree to promptly report to us any violation and/or attempted violation of these terms by others that you become aware of. you are advised that company will aggressively enforce its rights to the fullest extent of the law. company may add, change, discontinue, remove or suspend any of the material at any time, without notice and without liability.
forums, bulletin boards, chat rooms or other interactive areas that may be offered on the website ("user forums") are provided to give users a forum to express their opinions and share their ideas and information. the individual who posts content in the user forums ("community content") is responsible for the reliability, accuracy, and truthfulness of such content, and company has no control over the same. additionally, company has no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.
company does not and cannot review every message posted by users in the user forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the user forums. information disclosed in the user forums is by design revealed to the public. company reserves the right, but is not obligated, to delete, move or edit content, in whole or in part, submitted by you to the website for any reason in company's sole discretion. in addition, company may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of company or to protect the safety of our users or the public. in no event does company assume any obligation to monitor the user forums or remove any specific material.
when you create a message using the #loveinspades tag via the "unlock your heart" site ("microsite"), and share that message via a social media platform or other medium (e.g., sms or e-mail) ("message"), you must ensure that all the information you provide in a message is accurate and truthful. any message you create must not infringe the copyright, trademark or other intellectual property rights of any other person; be unlawful, threatening, obscene, vulgar, pornographic, profane or indecent; include any material which is defamatory, offensive, distasteful or otherwise unacceptable; improperly claim the identity or characteristics or qualifications of another person or organization; or otherwise be in breach of any local or international laws. for messages that are shared via social media, you will not edit, remove or tamper with any copyright messages or links to the microsite or kate spade website.
before you include any information or images or another person (such as their name, instagram username, photograph or any other information that might identify them), you must obtain their consent for such use of their personal data. this microsite is not intended to be used by children under 13 and users should not submit any information or images of a person under 13. if you are between the ages of 18 and 13, you must ask your parent or guardian to agree to these terms before using the microsite. failure to abide by these rules will constitute a breach of these terms.
the microsite is for personal use only, and any commercial advertisements, affiliate links, endorsements and other forms of solicitation (excluding your use of the #loveinspades tag) will constitute a breach of these terms.
company does not and cannot review every message posted on social media, and is not responsible for the content of messages or the views or opinions expressed by the users of the microsite. company may however, submit requests to social media platforms to delete any post containing a message which company in its reasonable discretion determines is in breach of these terms or applicable law.
company may from time to time make modifications or changes to the microsite or decide to discontinue offering the functionality. company will give reasonable notice of any material changes that it believes will adversely impact your use of the microsite. however, there are times when company will need to make changes without giving notice. these will be limited to circumstances where company needs to take action for security reasons or to comply with its legal obligations.
in consideration for your use of the website's community features and functionality, you agree to (i) comply with the "community guidelines" set forth below. users who violate the community guidelines, may, at company's sole discretion, be permanently banned from using the website.
entering any community feature will constitute acceptance of the community guidelines. if you do not agree to abide by the community guidelines, please do not enter any community features.
you are entirely responsible and liable for all activities conducted by you within the community features, including the transmission, posting, or other provision of community content to any portion of the community features. listed below are some, though not all, violations that may result in company terminating or suspending your access to community features on a temporary or permanent basis, as determined by company in its sole discretion ("community guidelines"). you agree not to do any of the following actions while using any of the community features:
information disclosed in community features is by design revealed to the public. the website is not responsible for any information you choose to disclose to others. the website reserves the right, but not the obligation, to remove any posts for any reason. company does not endorse the community content in the community features and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any community content provided through a community feature. by posting or uploading community content to any community feature or submitting any other community content to company, you automatically grant (or warrant that the owner of such rights has expressly granted) company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub license, create derivative works from and distribute such materials or incorporate such community content into any form, medium, or technology now known hereafte