Terms & Conditions

Terms and Conditions

Agreement between User and www.ziskovacreative.com

Welcome to www.ziskovacreative.com. The www.ziskovacreative.com website (the "Site") is

comprised of various web pages operated by Ziskova Creative. www.ziskovacreative.com is

offered to you conditioned on your acceptance without modification of the terms, conditions, and

notices contained herein (the "Terms"). Your use of www.ziskovacreative.com constitutes your

agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your

reference.

www.ziskovacreative.com is an E-Commerce Site.

Sell and demonstrate homeware goods.

Electronic Communications

Visiting www.ziskovacreative.com or sending emails to Ziskova Creative constitutes electronic

communications. You consent to receive electronic communications and you agree that all

agreements, notices, disclosures and other communications that we provide to you electronically,

via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Ziskova Creative does not knowingly collect, either online or offline, personal information from

persons under the age of thirteen. If you are under 18, you may use www.ziskovacreative.com

only with permission of a parent or guardian.

Cancellation/Refund Policy

No refunds at this time.

Links to Third Party Sites/Third Party Services

www.ziskovacreative.com may contain links to other websites ("Linked Sites"). The Linked Sites

are not under the control of Ziskova Creative and Ziskova Creative is not responsible for the

contents of any Linked Site, including without limitation any link contained in a Linked Site, or any

changes or updates to a Linked Site. Ziskova Creative is providing these links to you only as a

convenience, and the inclusion of any link does not imply endorsement by Ziskova Creative of the

site or any association with its operators.

Certain services made available via www.ziskovacreative.com are delivered by third party sites

and organizations. By using any product, service or functionality originating from the

www.ziskovacreative.com domain, you hereby acknowledge and consent that Ziskova Creative

may share such information and data with any third party with whom Ziskova Creative has a

contractual relationship to provide the requested product, service or functionality on behalf of

www.ziskovacreative.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

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You are granted a non-exclusive, non-transferable, revocable license to access and use

www.ziskovacreative.com strictly in accordance with these terms of use. As a condition of your

use of the Site, you warrant to Ziskova Creative that you will not use the Site for any purpose that

is unlawful or prohibited by these Terms. You may not use the Site in any manner which could

damage, disable, overburden, or impair the Site or interfere with any other party's use and

enjoyment of the Site. You may not obtain or attempt to obtain any materials or information

through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of Ziskova Creative or its

suppliers and protected by copyright and other laws that protect intellectual property and

proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,

legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Ziskova Creative content is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will not delete or alter any

proprietary rights or attribution notices in any content. You will use protected content solely for

your personal use, and will make no other use of the content without the express written

permission of Ziskova Creative and the copyright owner. You agree that you do not acquire any

ownership rights in any protected content. We do not grant you any licenses, express or implied,

to the intellectual property of Ziskova Creative or our licensors except as expressly authorized by

these Terms.

International Users

The Service is controlled, operated and administered by Ziskova Creative from our offices within

the USA. If you access the Service from a location outside the USA, you are responsible for

compliance with all local laws. You agree that you will not use the Ziskova Creative Content

accessed through www.ziskovacreative.com in any country or in any manner prohibited by any

applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Ziskova Creative, its officers, directors,

employees, agents and third parties, for any losses, costs, liabilities and expenses (including

reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or

services, any user postings made by you, your violation of any terms of this Agreement or your

violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Ziskova Creative reserves the right, at its own cost, to assume the exclusive defense and control of

any matter otherwise subject to indemnification by you, in which event you will fully cooperate with

Ziskova Creative in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or

concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or

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otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved

only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single

neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration

service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's

award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the

event that any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable

attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and

Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or

indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree

that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The

entire dispute, including the scope and enforceability of this arbitration provision shall be

determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms

and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class

arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE

THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH

AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE

OTHER. Further, unless both you and Ziskova Creative agree otherwise, the arbitrator may not

consolidate more than one person's claims, and may not otherwise preside over any form of a

representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. ZISKOVA CREATIVE AND/OR ITS SUPPLIERS MAY MAKE

IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ZISKOVA CREATIVE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS

ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND

ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS

ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

ZISKOVA CREATIVE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL

WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL

IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL ZISKOVA CREATIVE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,

INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR

ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES

FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY

CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY

OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR

FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,

PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,

OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON

CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF

ZISKOVA CREATIVE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE

POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL

OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF

THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO

DISCONTINUE USING THE SITE.

Termination/Access Restriction

Ziskova Creative reserves the right, in its sole discretion, to terminate your access to the Site and

the related services or any portion thereof at any time, without notice. To the maximum extent

permitted by law, this agreement is governed by the laws of the State of New York and you

hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising

out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does

not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and Ziskova Creative as a result of this agreement or use of the Site. Ziskova Creative's

performance of this agreement is subject to existing laws and legal process, and nothing contained

in this agreement is in derogation of Ziskova Creative's right to comply with governmental, court

and law enforcement requests or requirements relating to your use of the Site or information

provided to or gathered by Ziskova Creative with respect to such use. If any part of this

agreement is determined to be invalid or unenforceable pursuant to applicable law including, but

not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or

unenforceable provision will be deemed superseded by a valid, enforceable provision that most

closely matches the intent of the original provision and the remainder of the agreement shall

continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user

and Ziskova Creative with respect to the Site and it supersedes all prior or contemporaneous

communications and proposals, whether electronic, oral or written, between the user and Ziskova

Creative with respect to the Site. A printed version of this agreement and of any notice given in

electronic form shall be admissible in judicial or administrative proceedings based upon or relating

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to this agreement to the same extent and subject to the same conditions as other business

documents and records originally generated and maintained in printed form. It is the express wish

to the parties that this agreement and all related documents be written in English.

Changes to Terms

Ziskova Creative reserves the right, in its sole discretion, to change the Terms under which

www.ziskovacreative.com is offered. The most current version of the Terms will supersede all

previous versions. Ziskova Creative encourages you to periodically review the Terms to stay

informed of our updates.