Welcome to the With Love From Kat Travel App owned by Katelyn Tanita, Inc. d/b/a With Love From Kat a New York Corporation (“WLFK,” “The App,” “We,” “Us” or “Our”. WLFK provides The App and related services subject to the following WLFKs conditions of use (“Terms and Conditions”). By accessing, browsing and using The App You agree to follow and be bound by these conditions and all applicable laws. “You” means any person who downloads, accesses and uses the App (hereinafter, “You” or “Your”). We reserve the right to change these Terms and Conditions at any time without notice to You by posting the changes in The App or posting on the website www.withlovefromkat.com. You are also responsible for regularly reviewing information posted to obtain timely notice of any changes. Your continued use of The App after changes are posted constitutes your acceptance of the amended Terms and Conditions.
To download, install, access, or use the App, you must be 18 years of age or over. If you are under 18 and you wish to use, download, install or access The App, you must obtain consent from your parent or guardian.
LICENSE, SITE ACCESS AND USE
We grant You a limited license to make personal use of The App. All content on The App (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code software, as well as the selection arrangement thereof), is exclusive property of and owned by Katelyn Tanita, Inc., d/b/a With Love from Kat or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on The App for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. The grant to you of a limited license to use The App does not include any right to: (a) resell or commercial use of The App or any of the contents of The App; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of The App not intended to be so read, including use of or directly viewing the underlying HTML or other code from The App except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of The App (including With Love from Kat trademark, or any other of Katelyn Tanita, Inc.’s marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) collect and/or use any product listings or descriptions; (e) make derivative use of The App and any of the contents of The app; or (f) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of this Site or to collect any information from The App or any other user of The App.
You may not use contact information provided on The App for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of The App or to surreptitiously intercept any system, data or personal information from The App. You agree not to interrupt or attempt to interrupt the operation of The App or related sites in any way.
THE APP CONTENT
We are not responsible if information made available in The App is not accurate, complete or current. The material in The App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material in The App is at your own risk. We reserve the right to modify the contents of The App at any time, but We have no obligation to update any information in The App. You agree that it is your responsibility to monitor changes to These Terms and Conditions.
When you use The App, or send Us emails, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by email or by posting notices in The App. You agree that all agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such agreements, notices, disclosures or communications be in writing.
If your use of The App requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, phone, tablet or other similar device, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, in Our sole discretion. If you download and register to use The App, you agree that any information you provide to us will be current, accurate and complete. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Us or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify Us immediately of any unauthorized use of your account and/or password(s), or other breach of security. You further agree not to use The App in any way, or submit to The App, or to any use of The App anything which: (a) is in breach of any law, statute, regulations or byelaw of any applicable jurisdiction; (b) is fraudulent, criminal or unlawful, (c) inaccurate or out-of-date; (d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexists, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political (e) impersonates any other person or body or misrepresents a relationship with any person or body; (f) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of Us or any third party; (g) may be contrary to Our interests; (h) is contrary to any specific rule or requirement that is stated in The App; (i) involves Your use, delivery or transmissions of any viruses, unsolicited emails, Trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You hereby grant to use an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to Us via email or through The App, for the prupose of use on The App for generally marketing (by any means and in any media, including, but not limited to, on Our website.
Images of people, places and/or products posted on this Site are either the property of WLFK, or are used with express permission given to WLFK. Unless otherwise noted, all content included in The App, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of WLFK or its content suppliers and is protected by United States and international copyright laws. The compilation of The App is the exclusive property of WLFK and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on The App Site can only be made with the prior written and express authorization of WLFK. For further information on how you may obtain authorization to use any materials or content on this Site, please contact Us at the email provided below.
All trademarks, service marks, tradedress and their respective designs and/or logos in The App are trademarks or registered trademarks of Katelyn Tanita, Inc. d/b/a With Love from Kat or its affiliates. WLFK and its affiliates’ trademarks, service marks or trade dress may not be used, copied, imitated or used, in whole or in part, without Our prior written permission. All page headers, custom graphics, button icons, and scripts are the trademarks, service marks and/or trade dress of WLFK, and may not be copied, imitated, or used, in whole or in part, without Our prior written permission.
DISCLAIMER OF LINKS TO OTHER SITES
The App may contain links to other applications or websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites and WLFK is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
DISCLAIMER OF WARRANTIES
The App including its content is provided by Us on an as-is basis without warranties of any kind (expressed or implied), and all warranties are disclaimed. We make no representations or warranties that The App or its content is accurate, up-to-date, fit for a particular purpose or free of errors. We make no warranties that The App is free of harmful components or viruses. We do not warrant that The App will be compatible with all hardware and software which you may use and We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of The App or your obtaining any material from, or as a result of using The App. We shall not be liable for the actions of third parties. Use of The App is at your own risk and to the extent permitted by law, we do not accept any liability for any errors or omissions. In no event will be liable for any damages in excess of one hundred dollars (US$100). Some jurisdictions do not allow the limitation or exclusions of liability for consequential or incidental damages, so the foregoing limitation or exclusion may not apply to You.
LIMITATION OF LIABILITY
You hereby release Katelyn Tanita, Inc., its officers, directors, agents, and employees from all claims, demands, and damages (actual, consequential and/or punitive) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with any disputes arising, between you and any suppliers, or between you and other App or Website users.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that (a) your use of The App will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptance content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (b) your use of The App will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold Katelyn Tanita, Inc. and each of Our affiliates, successors and assigns, and their respective officers directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees) resulting from your use of The App and/or any violation of the terms and conditions of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with The App and all negotiations for settlement or compromise. If requested by Us, You agree to fully cooperate with Us in the defense of any such demand, claim, action, settlement or compromise negotiations.
We operate the software underlying and required for your use of The App from the United States of America and it is possible that some downloads from The App could be subject to government export controls or other restrictions. If you download anything from or use The App, you represent that you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the United States, and using The App from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use The App from or in locations outside of the United States, you do so on your own initiative and are responsible for: (a) ensuring that what you are doing in that country is legal; and (b) the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licenses, registrations, permits and authorizations.
Notwithstanding any of these Terms and Conditions, We reserve the right, without notice or attendant liability, and in Our sole discretion, to terminate your license to use The App and to block or prevent your future access to and use of The App for any reason or no reason.
By accessing, browsing or using this Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Katelyn Tanita, Inc. d/b/a With Love from Kat or its affiliates. Regardless of where you access The App, you agree that any dispute or action at law or in equity arising out of, or relating to these Terms and Conditions, or the use of The App shall be filed and adjudicated only in the federal or state courts located in the State of New York, County of New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts. All
SITE POLICIES, MODIFICATION AND SEVERABILITY
You shall not assign or transfer this Agreement, or your rights hereunder to any other person. We may assign Our rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.