Security, Privacy,
Legal Use, TOS
Overview - Privacy, Cookies and Security
Your privacy is very important to us. Accordingly, we have developed this policy in order for you to understand how we collect, use, communicate and make use of personal information. The following outlines our privacy policy.
When visiting Life’s Treasures Kauai's website, we will learn certain information about you during your visit.
Similar to other commercial websites, our website utilizes a standard technology called “cookies” (see explanation below) and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.
Use of Cookies
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.
IP Addresses
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the Web pages you request) can be sent to you.
Email Information
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail and telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.
How Do We Use the Information That You Provide to Us?
Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service and making available other items and services to our customers and prospective customers.
Life’s Treasures will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.
Email Policies
We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless strictly compelled to do so by law.
We will use your e-mail address solely to provide timely information about our website and / or newsletter.
We will maintain the information you send via e-mail in accordance with applicable federal law.
CAN-SPAM Compliance
In compliance with the CAN-SPAM Act, all e-mail sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
Choice/Opt-Out
Our site provides users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime.
Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.
Use of External Links
Life’s Treasures may contain links to many other websites. We cannot guarantee the accuracy of information found at any linked site. Links to or from external sites not owned or controlled by Life’s Treasures do not constitute an endorsement by or any of its employees of the sponsors of these sites or the products or information presented therein.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from Life’s Treasures.
You must not:
Republish material from our website without prior written consent.
Sell or rent material from our website.
Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
Redistribute any content from our website, including onto another website.
Acceptable Use
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else”s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.
Restricted Access
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
Use of Testimonials
In accordance to with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials that appear on this site are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way. They are individual results and results do vary. We do not claim that they are typical results. The testimonials are not necessarily representative of all of those who will use our products and/or services.
The testimonials displayed in any form on this site (text, audio, video or other) are reproduced verbatim, except for correction of grammatical or typing errors. Some may have been shortened. In other words, not the whole message received by the testimonial writer is displayed when it seems too lengthy or not the whole statement seems relevant for the general public.
Life’s Treasures is not responsible for any of the opinions or comments posted on Life’s Treasures. Life’s Treasures is not a forum for testimonials, however provides testimonials as a means for customers to share their experiences with one another. To protect against abuse, all testimonials appear after they have been reviewed by management of Life’s Treasures. Life’s Treasures does not share the opinions, views or commentary of any testimonials on our website – the opinions are strictly the views of the testimonial source.
The testimonials are never intended to make claims that our products and/or services can be used to diagnose, treat, cure, mitigate or prevent any disease. Any such claims, implicit or explicit, in any shape or form, have not been clinically tested or evaluated.
How Do We Protect Your Information and Secure Information Transmissions?
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information and other sensitive information is never transmitted via email.
Life’s Treasures may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
Disclaimer and Limitation of Liability
Life’s Treasures makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to this site.
All the materials on this site are provided “as is” without any express or implied warranty of any kind, including warranties of merchantability, noninfringement of intellectual property or fitness for any particular purpose. In no event shall or its agents or associates be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death) arising out of the use of or inability to use the materials, even if has been advised of the possibility of such loss or damages.
Policy Changes
We reserve the right to amend this privacy policy at any time with or without notice. However, please be assured that if the privacy policy changes in the future, we will not use the personal information you have submitted to us under this privacy policy in a manner that is materially inconsistent with this privacy policy, without your prior consent.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Activity Log
This feature only records activities of a site’s registered users, and the retention duration of activity data will depend on the site’s plan and activity type.
Data Used: To deliver this functionality and record activities around site management, the following information is captured: user email address, user role, user login, user display name, WordPress.com and local user IDs, the activity to be recorded, the WordPress.com-connected site ID of the site on which the activity takes place, the site’s Jetpack version, and the timestamp of the activity. Some activities may also include the actor’s IP address (login attempts, for example) and user agent.
Activity Tracked: Login attempts/actions, post and page update and publish actions, comment/pingback submission and management actions, plugin and theme management actions, widget updates, user management actions, and the modification of other various site settings and options. Retention duration of activity data depends on the site’s plan and activity type. See the complete list of currently-recorded activities (along with retention information).
Data Synced (?): Successful and failed login attempts, which will include the actor’s IP address and user agent.
Carousel
Image views are only recorded if the site owner, has explicitly enabled image view stats tracking for this feature via the jetpack_enable_carousel_stats filter.
Data Used: If image view tracking is enabled, the following information is used: IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code.
Activity Tracked: Image views.
Comment Likes
This feature is only accessible to users logged in to WordPress.com.
Data Used: In order to process a comment like, the following information is used: WordPress.com user ID/username (you must be logged in to use this feature), the local site-specific user ID (if the user is signed in to the site on which the like occurred), and a true/false data point that tells us if the user liked a specific comment. If you perform a like action from one of our mobile apps, some additional information is used to track the activity: IP address, user agent, timestamp of event, blog ID, browser language, country code, and device info.
Activity Tracked: Comment likes.
Contact Form
Data Used: If Akismet is enabled on the site, the contact form submission data — IP address, user agent, name, email address, website, and message — is submitted to the Akismet service (also owned by Automattic) for the sole purpose of spam checking. The actual submission data is stored in the database of the site on which it was submitted and is emailed directly to the owner of the form (i.e. the site author who published the page on which the contact form resides). This email will include the submitter’s IP address, timestamp, name, email address, website, and message.
Data Synced (?): Post and post meta data associated with a user’s contact form submission. If Akismet is enabled on the site, the IP address and user agent originally submitted with the comment are synced, as well, as they are stored in post meta.
Google Analytics
This feature is only available to sites on the Premium and Professional plans.
Data Used: Please refer to the appropriate Google Analytics documentation for the specific type of data it collects. For sites running WooCommerce (also owned by Automattic) and this feature simultaneously and having all purchase tracking explicitly enabled, purchase events will send Google Analytics the following information: order number, product id and name, product category, total cost, and quantity of items purchased. Google Analytics does offer IP anonymization, which can be enabled by the site owner.
Activity Tracked: This feature sends page view events (and potentially video play events) over to Google Analytics for consumption. For sites running WooCommerce-powered stores, some additional events are also sent to Google Analytics: shopping cart additions and removals, product listing views and clicks, product detail views, and purchases. Tracking for each specific WooCommerce event needs to be enabled by the site owner.
Gravatar Hovercards
Data Used: This feature will send a hash of the user’s email address (if logged in to the site or WordPress.com — or if they submitted a comment on the site using their email address that is attached to an active Gravatar profile) to the Gravatar service (also owned by Automattic) in order to retrieve their profile image.
Infinite Scroll
Data Used: In order to record page views via WordPress.com Stats (which must be enabled for page view tracking here to work) with additional loads, the following information is used: IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code.
Activity Tracked: Page views will be tracked with each additional load (i.e. when you scroll down to the bottom of the page and a new set of posts loads automatically). If the site owner has enabled Google Analytics to work with this feature, a page view event will also be sent to the appropriate Google Analytics account with each additional load.
Jetpack Comments
Data Used: Commenter’s name, email address, and site URL (if provided via the comment form), timestamp, and IP address. Additionally, a jetpack.wordpress.com IFrame receives the following data: WordPress.com blog ID attached to the site, ID of the post on which the comment is being submitted, commenter’s local user ID (if available), commenter’s local username (if available), commenter’s site URL (if available), MD5 hash of the commenter’s email address (if available), and the comment content. If Akismet (also owned by Automattic) is enabled on the site, the following information is sent to the service for the sole purpose of spam checking: commenter’s name, email address, site URL, IP address, and user agent.
Activity Tracked: The comment author’s name, email address, and site URL (if provided during the comment submission) are stored in cookies. Learn more about these cookies.
Data Synced (?): All data and metadata (see above) associated with comments. This includes the status of the comment and, if Akismet is enabled on the site, whether or not it was classified as spam by Akismet.
Likes
This feature is only accessible to users logged in to WordPress.com.
Data Used: In order to process a post like action, the following information is used: IP address, WordPress.com user ID, WordPress.com username, WordPress.com-connected site ID (on which the post was liked), post ID (of the post that was liked), user agent, timestamp of event, browser language, country code.
Activity Tracked: Post likes.
Mobile Theme
Data Used: A visitor’s preference on viewing the mobile version of a site.
Activity Tracked: A cookie (akm_mobile) is stored for 3.5 days to remember whether or not a visitor of the site wishes to view its mobile version. Learn more about this cookie.
Notifications
This feature is only accessible to registered users of the site who are logged in to WordPress.com.
Data Used: IP address, WordPress.com user ID, WordPress.com username, WordPress.com-connected site ID and URL, Jetpack version, user agent, visiting URL, referring URL, timestamp of event, browser language, country code. Some visitor-related information or activity may be sent to the site owner via this feature. This may include: email address, WordPress.com username, site URL, email address, comment content, follow actions, etc.
Activity Tracked: Sending notifications (i.e. when we send a notification to a particular user), opening notifications (i.e. when a user opens a notification that they receive), performing an action from within the notification panel (e.g. liking a comment or marking a comment as spam), and clicking on any link from within the notification panel/interface.
Protect
Data Used: In order to check login activity and potentially block fraudulent attempts, the following information is used: attempting user’s IP address, attempting user’s email address/username (i.e. according to the value they were attempting to use during the login process), and all IP-related HTTP headers attached to the attempting user.
Activity Tracked: Failed login attempts (these include IP address and user agent). We also set a cookie (jpp_math_pass) for 1 day to remember if/when a user has successfully completed a math captcha to prove that they’re a real human. Learn more about this cookie.
Data Synced (?): Failed login attempts, which contain the user’s IP address, attempted username or email address, and user agent information.
Search
This feature is only available to sites on the Professional plan.
Data Used: Any of the visitor-chosen search filters and query data in order to process a search request on the WordPress.com servers.
Sharing
Data Used: When sharing content via email (this option is only available if Akismet is active on the site), the following information is used: sharing party’s name and email address (if the user is logged in, this information will be pulled directly from their account), IP address (for spam checking), user agent (for spam checking), and email body/content. This content will be sent to Akismet (also owned by Automattic) so that a spam check can be performed. Additionally, if reCAPTCHA (by Google) is enabled by the site owner, the sharing party’s IP address will be shared with that service. You can find Google’s privacy policy here.
Simple Payments
This feature is only available to sites on the Premium and Professional plans, and the actual payment processing is handled by PayPal.
Data Used: Transaction amount, transaction currency code, product title, product price, product ID, order quantity, PayPal payer ID, and PayPal transaction ID.
Activity Tracked: The PayPal payer ID, transaction ID, and HTTP referrer are sent with a payment completion tracking event that is attached to the site owner.
Data Synced (?): PayPal transaction ID, PayPal transaction status, PayPal product ID, quantity, price, customer email address, currency, and payment button CTA text.
Because payments are processed by PayPal, we recommend reviewing its privacy policy.
Video Hosting
This feature is only available to sites on the Premium and Professional plans.
Data Used: For video play tracking via WordPress.com Stats, the following information is used: viewer’s IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code. If Google Analytics is enabled, video play events will be sent there, as well.
Activity Tracked: Video plays.
WooCommerce Services
Data Used: For payments with PayPal or Stripe: purchase total, currency, billing information. For taxes: the value of goods in the cart, value of shipping, destination address. For checkout rates: destination address, purchased product IDs, dimensions, weight, and quantities. For shipping labels: customer’s name, address as well as the dimensions, weight, and quantities of purchased products.
Data Synced (?): For payments, we send the purchase total, currency and customer’s billing information to the respective payment processor. Please see the respective third party’s privacy policy (Stripe’s Privacy Policy and PayPal’s Privacy Policy) for more details. For automated taxes we send the value of goods in the cart, the value of shipping, and the destination address to TaxJar. Please see TaxJar’s Privacy Policy for details about how they handle this information. For checkout rates we send the destination ZIP/postal code and purchased product dimensions, weight and quantities to USPS or Canada Post, depending on the service used. For shipping labels we send the customer’s name, address as well as the dimensions, weight, and quantities of purchased products to EasyPost. We also store the purchased shipping labels on our server to make it easy to reprint them and handle support requests.
WordPress.com Stats
Data Used: IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code. Important: The site owner does not have access to any of this information via this feature. For example, a site owner can see that a specific post has 285 views, but he/she cannot see which specific users/accounts viewed that post. Stats logs — containing visitor IP addresses and WordPress.com usernames (if available) — are retained by Automattic for 28 days and are used for the sole purpose of powering this feature.
Activity Tracked: Post and page views, video plays (if videos are hosted by WordPress.com), outbound link clicks, referring URLs and search engine terms, and country. When this module is enabled, Jetpack also tracks performance on each page load that includes the Javascript file used for tracking stats. This is exclusively for aggregate performance tracking across Jetpack sites in order to make sure that our plugin and code is not causing performance issues. This includes the tracking of page load times and resource loading duration (image files, Javascript files, CSS files, etc.). The site owner has the ability to force this feature to honor DNT settings of visitors. By default, DNT is currently not honored.
WordPress.com Toolbar
This feature is only accessible to registered users of the site who are also logged in to WordPress.com.
Data Used: Gravatar image URL of the logged-in user in order to display it in the toolbar and the WordPress.com user ID of the logged-in user. Additionally, for activity tracking (detailed below): IP address, WordPress.com user ID, WordPress.com username, WordPress.com-connected site ID and URL, Jetpack version, user agent, visiting URL, referring URL, timestamp of event, browser language, country code.
Activity Tracked: Click actions within the toolbar.
Media Copyright TOS
All “Photos, Print(s), DVD’s, Graphic Art, Posts, Articles or other Copyrighted media” used, posted or placed as part of this website or ordered from this website are subject to the “2023 Media Copyright Mark Naea, Life’s Treasures, TERMS OF SERVICE (“TOS”) STANDARD LICENSE AGREEMENT.” Those items listed for sale are licensed by the “TOS” agreement and subject to its licensing terms. All other media not listed for sale are copyright by Mark Naea. Life’s Treasures and may not be used without written consent first. By viewing this website and its contents, and / or purchasing media you hereby agree to the copyright and licensing terms.
TERMS OF SERVICE (“TOS”)
STANDARD LICENSE
The following is a legal agreement between you and Life’s Treasures. Please read this agreement carefully before purchasing and downloading any movies, Images (“Image” or “Images”). graphic artwork or other copyright media listed for sale. By purchasing and downloading any copyright media listed for sale, you agree to be bound by the terms of this agreement, the Life’s Treasures Privacy Statement and Life’s Treasures Website Terms of Use, which documents are incorporated herein and made a part hereof by this reference. Life’s Treasures reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. If and when changes are made to these Terms of Service an announcement will appear on our website. Please make sure that you read and understand all such changes. If you do not agree to these Terms of Service, as same may be amended from time to time, do not purchase, download or use any Images or media listed for sale. Your failure to comply with the terms hereof could result in the immediate action to protect the copyright of Mark Naea and Life’s Treasures.
To use a purchased Image(s) or any media as permitted by this License, you must download that such as part of your purchase. Images downloaded as part of a purchase may only be used in compliance with this License Agreement. All other media not listed for sale are copyright by Mark Naea may not be used without written consent first.
To use a purchased movie(s) as permitted by this License, you must download that movie(s) as part of your webinar or subscription purchase. Movies downloaded as part of a purchase or subscription may only be used in compliance with this License Agreement. All other media not listed for sale are copyright by Mark Naea may not be used without written consent first.
Copyright and Licensing Terms : Lifes Treasures
PART I
LIMITED LICENSE
- All Images and movies on the Life’s Treasures website and related websites are protected by United States and international copyright laws and treaties. Life’s Treasures and Mark Naea own all rights, including the copyrights in and to the Images and movies. Life’s Treasures and Mark Naea reserve all rights in and to the Images and movies not expressly granted to you by the terms of this license. Your rights to use any Image or movie are subject to this license agreement and are conditioned upon your payment to or subscription to Life’s Treasures for your use of the Images or movies.
- By this Agreement, Life’s Treasures grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images and movies in the following ways, subject to the limitations set forth herein and in Part II hereof:Print(s), defined as 8 x10 glossy photo’s or any special sized Print(s) ordered from lifestreasureskauai.com website may be used as follows;
a)As decoration in a home or personal office for your own personal, non-commercial use only, not for resale or distribution; High Definition jpeg file(s) ordered and downloaded from lifestreasureskauai.com website may be used as follows; a) You may download to a local hard disk this image for your personal and non-commercial use only, not for resale, download or distribution; b) As a screensaver and mobile phone “wallpaper” for your own personal, non-commercial use only, not for resale, download or distribution; c)As prints, posters (i.e. a hardcopy) for decoration in a home or personal office for your own personal, non-commercial use only, not for resale or distribution;
d) In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by Life’s Treasures Kauai, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.
Webinar Movies and any other movie(s) ordered and downloaded from lifestreasureskauai.com website or related site may be used as follows;
a) You may download to a local hard disk this movie for your personal and non-commercial use only, not for resale, download or distribution;
- All rights in the Images and movies not expressly granted herein are reserved by Life’s Treasures and Mark Naea.
PART II
RESTRICTIONS
YOU MAY NOT: - Use an Image or movie other than as specified in PART I.
- Reproduce, digitize, or copy to any format a “Print(s)” or movies as defined above.
- Reproduce or print the Image on canvas or as a Giclee a “High Definition jpeg file(s)”
- Use or display any Image or movie on websites or in connection with any service designed to sell or induce sales of “print on demand” products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items, this includes custom designed websites as well as sites such as Cafe Press (i.e. www.cafepress.com).
- Use an Image or movie together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property rights.
- Use an Image or movie in a way that places the Image in a bad light or in a way that may be offensive – this includes, but is not limited to, the use of Images: a) in pornography, “adult videos” or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.
- Resell, redistribute or transfer any Image or movie except as specifically provided herein. Displaying any Image in any digital format or for any digital use not specifically granted in PART 1, will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement.
- Share an Image or movie by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
- Use any Images or movie in a manner that competes with Life’s Treasures business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, and/or offering Life’s Treasures Images for sale or resale.
- Withhold a credit attribution or fail to provide a copyright notice required by paragraph 25 of these TOS, except with an advance written waiver of that requirement from Life’s Treasures in each instance. Each waiver issued by Life’s Treasures will specify the Image number or numbers and the usage and is applicable only to the specified Image(s) and usage(s). Do not assume that you have or will receive a waiver for a proposed future use because you received a waiver in the past for a similar use.
- Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof , or to otherwise endorse or imply the endorsement of any goods and/or services.
- Use or display an Image or movie in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image.
- Represent yourself as an agent, employee, designee, or affiliate of Life’s Treasures for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement.
- Use automated programs, applets, bots or the like to access the LifesTreasuresKauai.com website or any content thereon for any purpose, including, by way of example only, downloading Images, indexing or caching the content of the website.
PART III
MISCELLANEOUS
- Life’s Treasures shall be under no obligation to refund your purchase fee under any circumstances. However, in the event that Life’s Treasures determines that you are entitled to a refund of all or part of your purchase fee, such refund shall only be made to the credit card account or other means of electronic purchase originally used by you. If your purchase was paid by check, your refund will be made by check.
- “Non-transferable” as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. You may however, transfer Images to a third party for the sole purpose of causing such third party, such as any photo printing company (i.e. Costco, Walmart, print kiosk) to produce and/or manufacture your prints incorporating Images subject to the terms and conditions herein. In addition, the work you produce with the Image must be used for yourself. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any Life’s Treasures Image(s) please notify us via email at contact@lifestreasureskauai.com.
- You agree to indemnify and hold Life’s Treasures, its officers, employees, shareholders, directors, managers, members and suppliers harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. You further agree to indemnify Life’s Treasures for all costs and expenses that Life’s Treasures incurs in the event that you breach any of the terms of this or any other agreement with Life’s Treasures.
- Life’s Treasures warrants and represents that: a) unaltered Images downloaded and used in full compliance with these TOS and applicable law, will not infringe any copyright, trademark or other intellectual property right, nor will such unaltered Images violate any third parties’ rights of privacy or publicity; b) unaltered Images do not and will not: (i) violate any US law, statute, ordinance, or regulation.
- Notwithstanding any thing to the contrary contained herein, Life’s Treasures shall not be liable for any damages, costs or losses arising as a result of modifications made to Images or the context in which the Images are used by you.
- This contract is governed by and shall be construed in accordance with the laws of the State of Hawaii. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect these TOS. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State of Hawaii, Kauai County and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these TOS may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.
- If you are unsure of your rights under this agreement, or if you wish to use an Image in a manner not expressly permitted under this Enhanced License agreement, please contact Life’s Treasures Support via email at contact@lifestreasureskauai.com.
- Credit Attributions and Copyright Notices a) Though Life’s Treasures requires the following credit attributions and copyright notices, Life’s Treasures may waive such requirements on a case by case basis. If you have any questions regarding credit attributions and copyright notices or to request that Life’s Treasures grant you a waiver of such requirements, please contact Life’s Treasures Customer Support. No waiver of such requirements shall be effective unless confirmed in an email or other writing from Life’s Treasures to you. b)You shall accord credit and provide a copyright attribution to Mark Naea, the copyright holder, and to Life’s Treasures in connection with the use of any Image. Such credit and attribution is currently located on the bottom right side of the Image, if removed or cropped off, it shall be in substantially the following form:”Image Copyright Mark Naea, 2015”.c) All credits shall appear on the copyright section of the Image as described above. In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.
IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH LIFE’S TREASURES KAUAI, LIFE’S TREASURES SHALL HAVE THE RIGHT TO TERMINATE YOUR LICENSE AGREEMENT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO LIFE’S TREASURES OTHER RIGHTS AT LAW AND/OR EQUITY. LIFE’S TREASURES SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR LICENSE AGREEMENT IS TERMINATED BY REASON OF ANY SUCH BREACH OR BREACHES.
LIFE’S TREASURES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN PARAGRAPH 21 HEREOF, AS TO THE LEGALITY OR VALIDITY OF ANY RELEASE ASSOCIATED WITH AN IMAGE. EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
LIFE’S TREASURES DOES NOT WARRANT THAT THE IMAGE(S), LIFE’S TREASURES WEBSITES, OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.
YOU UNDERSTAND THAT USING ANY LIFE’S TREASURES IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES IS STRICTLY PROHIBITED, AND SUBJECT TO IMMEDIATE TERMINATION OF YOUR LICENSE AGREEMENT.
EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 20 HEREOF, IN NO EVENT, SHALL LIFE’S TREASURES HAVE ANY LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY IMAGE(S). NEITHER LIFE’S TREASURES NOR ANY OF ITS OFFICERS, EMPLOYEES MANAGERS, MEMBERS, SHAREHOLDERS, DIRECTORS OR SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIFE’S TREASURES BREACH OF THIS AGREEMENT, OR OTHERWISE, UNLESS EXPRESSLY PROVIDED FOR HEREIN.
IN THE EVENT THAT YOU USE FRAUDULENT CREDIT CARD INFORMATION TO PURCHASE AN IMAGE(S) OR OTHERWISE ENGAGE IN ANY CRIMINAL ACTIVITY AFFECTING LIFE’S TREASURES, LIFE’S TREASURES WILL PROMPTLY FILE A COMPLAINT WITH www.ic3.gov, THE INTERNET CRIME COMPLAINT CENTER, A PARTNERSHIP BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE NATIONAL WHITE COLLAR CRIME CENTER.
Legal Notice
The Authors specifically invoke the First Amendment rights of freedom of speech and of the press on this website without prejudice. The information posted on this website is published for informational purposes only under the rights guaranteed by the First Amendment of the Constitution for the United States of America, and should not in any way be used as a substitute for the advice of a physician or other licensed health care practitioner. The statements contained herein have not been evaluated by the FDA. The products discussed herein are not intended to diagnose, cure, prevent or treat any disease. Images, graphic art, text and logic are copyright protected. ALL rights are explicitly reserved without prejudice, and no part of this website may be reproduced unless by written consent. ©2023 by Mark Naea. All rights remain in force. Removing this notice forfeits all rights to recourse. Copyright strictly enforced ©
Disclaimer: Please be advised that the descriptions and/or properties referred to in this blog are meant solely for educational and entertainment purposes only, and are not to be used as a replacement to, or instead of traditional professional medical treatment. In no way is it intended for diagnosing illness, prescription, or advice and should not replace proper medical attention. Consult your Doctor or other health care practitioner regarding health issues. Life’s Treasures is not liable for any use or misuse of this information. The information here is presented to you to use as you see fit, but is not to take the place of professional medical advice. Crystals and Gemstones can accent, help, negate, protect, encourage, strengthen, and balance and thereby promote healing. Their effects can be extraordinary, but use in addition to medical advice, and not as a substitute for proper care. If you are ill, we beseech you to seek professional medical attention from a qualified physician.
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