Terms & Conditions
This Website is operated by Kaphmada Design, LLC. All inquiries may be directed to:
Kaphmada Design, LLC
Internet Customer Service Department
8486 Campbellton St.
Douglasville, GA 30134
Use of Website
The kaphmadadesign.com website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Kaphmada Design's goods and services and/or to otherwise transact business with or contact Kaphmada Design, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. In particular, Kaphmada Design expressly prohibits third parties from opting out of Kaphmada Design's services and/or contacts on behalf of a Kaphmada Design customer or other person or entity, without both (a) Kaphmada Design's full knowledge as to the surrogate action being taken and (b) Kaphmada Design's express permission. This prohibition is intended to protect the privacy and freedom of Kaphmada Design's customers and the personal relationship Kaphmada Design works to develop with its customers and others authorized to use its website.
All of the content you see on this website, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the “Content”) is the exclusive property of Kaphmada Design and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Kaphmada Design, LLC, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Kaphmada Design. The entire Content of the kaphmadadesign.com website is copyrighted as a collective work under U.S. and other applicable copyright laws, and Kaphmada Design owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the kaphmadadesign.com website, and the website as a whole, are intended solely for the personal and non-commercial use of the users of our website. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Kaphmada Design. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Kaphmada Design reserves complete title and full intellectual property rights in any Content you download from this website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Kaphmada Design.
Notice of Copyright Infringement
We respect the intellectual property rights of others. Please notify us in writing by mail or email to our designated agent listed below if you believe that a user of our Websites or Apps has infringed your copyright. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), to be effective the notification should include:
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit Kaphmada Design to locate the material on our websites and apps;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
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;
a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our websites and apps without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail or email to our designated agent below. That written communication should include the following:
your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the Northern District of Georgia, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Please send all notices under the above copyright infringement policies to Kaphmada Design's agent for receipt of notifications of claimed infringement:
Kaphmada Design, LLC
Attn: Agent for Copyright Notice/General Counsel
8486 Campbellton St.
Douglasville, GA 30134
Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.
Your account may be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
We welcome your comments regarding the kaphmadadesign.com website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to kaphmadadesign.com shall be and remain the exclusive property of Kaphmada Design. Your submission of any such Comments shall constitute an assignment to Kaphmada Design of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Kaphmada Design will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
You promise that:
you own all rights to your Comments or, alternatively, that you have the right to give us the rights described above; and
your Comments do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit Comments for any reason. We may remove Comments from the kaphmadadesign.com website for any reason.
We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
U.S. Pricing Policy
Our goal is to have clear and understandable pricing for our products. The prices displayed on this website are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into US territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this website at the time of your order. Product availability and prices are subject to change. Kaphmada Design reserves the right to correct any errors, inaccuracies, or omissions and to change or update product pricing, availability or other information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT KAPHMADA DESIGN AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KAPHMADA DESIGN AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KAPHMADA DESIGN AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR MOBILE APPLICATIONS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR MOBILE APPLICATIONS; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KAPHMADA DESIGN OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Arbitration Agreement & Waiver of Certain Rights
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Kaphmada Design will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor Kaphmada Design may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Kaphmada Design's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR KAPHMADA DESIGN WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Any action relating to the use of the website, any mobile applications, catalogs or any transaction with Kaphmada Design must be brought in the state or federal courts located in Douglasville, GA. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.