Your visit to www.kstudio-ny.com, (the “Site”) by KSTUDIO and its affiliates (together, “KSTUDIO”, “KSTUDIO-NY”, “we”, or “us”) is subject to the following Terms of Use (“Terms”) pertaining to the use of the Site. By visiting the Site, you acknowledge and agree to these Terms pertaining to the use of the Site, as well as KSTUDIO’s associated social media accounts (collectively, “Services”). The Terms may be updated by us at any time with or without notice to you. The Effective Date of the most up to date Terms will be provided at the top of each document, respectively. Any such changes will be effective upon posting. If you do not agree with these Terms, you should not use the Site. These Terms constitute a binding legal agreement between you and KSTUDIO.

1. Uses of Our Site and Content

All content and information, and all trademarks, logos, copyrights, and other intellectual property displayed on the Site is owned by KSTUDIO or their respective owners. By visiting this Site or using the Services, you agree to the following with respect to the content and information on the Site or accessed through the Services (the “Content”):

• KSTUDIO grants you a limited, revocable, nonexclusive, and nontransferable right to view, store, bookmark, download, copy and print pages from the Site for your personal and noncommercial use only.
• You may not use any trademark, service mark, or logo of KSTUDIO or any third party that appears on the Site without prior written consent. No license, whether express, implied, or by estoppel is granted to any trademarks, service marks, or logos under these Terms.
• You agree not to copy portions of the Site (e.g., using bots, robots, or spiders that “harvest” the Site), interfere with the functioning of the Site, or restrict or inhibit any others from using the Site.
• You will not remove or obscure any copyright or other notices or legends contained in any Content.
• You may not alter or modify the Content in your possession.
• You may not exploit any of the Content commercially, or send or forward any Content to any third party without our prior written consent.
• If you link other websites to this Site, you may not imply or suggest that KSTUDIO has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website.
• You may not (and may not encourage or assist others to) access or use the Site or Services in any way that violates any law, regulation, rule (including orders by governmental authorities) or the intellectual property or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information, or computers of others through this Site.
• You may not delete, decompose, decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of this Site.
• You may not transmit any virus, worm, time bomb, or similar system interference through this Site.
• You may not disable, override, or otherwise interfere with operation of the Site or Services, or any KSTUDIO implemented communications to end users, consent screens, user settings, alerts, warning, or the like.
• You may not attempt to cloak or conceal your identity when accessing the Site.
• You may not impersonate or attempt to impersonate KSTUDIO, a KSTUDIO employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• You may not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Services, including engaging in any conduct that KSTUDIO, in its sole discretion, deems may harm KSTUDIO.
• You may not place an undue burden on the infrastructure hosting the Site or Services, including via a denial-of-service attack or a distributed denial-of-service attack.

2. Right to Monitor

KSTUDIO has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you and we may at any time revoke your right to use all or any portion of the Site. KSTUDIO may investigate any complaint regarding suspected violations of these Terms, and may report any activity relating to this Site to regulators, law enforcement officials, or other persons or entities that it deems appropriate.

3. International Use

The Site is operated and controlled by us in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. KSTUDIO makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited.

KSTUDIO makes no representations that the transactions or services discussed on or accessible through the Site are available or appropriate for use in all jurisdictions or by all users. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules, and regulations.

4. Linked Sites

KSTUDIO does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites, or any products or services contained on or accessible through such other websites, their terms of use or privacy policies. You are advised to review the terms of use and privacy policies of any website that you visit. KSTUDIO expressly disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Site. You hereby release and agree to hold KSTUDIO harmless from any and all liability arising from your use of any third-party website or service.

5. Transmission To and From the Site

Any communication that you send to the Site is and will be deemed to be non-confidential as between you and us, and KSTUDIO will be free to use (or not use), modify, reproduce, and distribute it for any purpose without compensation to you.

6. Disclaimers; Limitation of Liability; Indemnity

KSTUDIO, its affiliates, and their respective officers, directors, managers, partners, members, shareholders, employees, volunteers, affiliates, and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site, Services, and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing, or speed of delivery. Your use of the Site and the Content is on an “as is” and “as available” basis. KSTUDIO and its affiliates do not warrant the accuracy, adequacy, or completeness of the information and materials contained on this Site, in the Services, or in the Content, and we expressly disclaim all liability for errors or omissions in such materials or information.

To the fullest extent allowed under applicable law, in no event shall KSTUDIO, its affiliates, or their Related Persons be liable to any party for any claims, liabilities, losses, costs, or damages under any theory, including, but not limited to, any direct, indirect, punitive, special, incidental, or consequential damages arising out of, or in connection with, any access, use (or inability to use), or distribution of the Site, or any Content therein. This is true even if KSTUDIO has been advised of the possibility of such damages or losses.

To the fullest extent allowed by applicable law, you agree to indemnify and hold KSTUDIO, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Site, Content, or (b) your violation of these Terms.

7. Miscellaneous

To the extent permitted by applicable law, your use of the Site constitutes your consent to receive all communications from us, including notices, agreements, legally required disclosures, or other information in connection with the Site or materials or services provided (collectively referred hereafter as “Notices”) electronically. We will provide such electronic Notices by posting them on the Site and/or through email or other electronic means (if we have your contact information). The delivery of any such Notice is effective when posted, regardless of whether you read the Notice. If you want to withdraw your consent to receive such Notices electronically, you must discontinue your use of the Site.

You and KSTUDIO agree that these Terms are the complete and exclusive statement of the mutual understanding between you and KSTUDIO and supersede all prior agreements and understandings relating to such subject matter.

8. Reliance on Site

Opinions, advice, statements, and any comments on this Site should not be relied upon and are not to be construed as professional advice from KSTUDIO. KSTUDIO does not guarantee the accuracy or completeness of the Content on the Site, and is not responsible for any loss resulting from your reliance on such information.

9. Governing Law; Waiver

The laws of the State of New York govern these Terms, without regard to conflicts of law provisions thereof.

If any provision of this agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect.

The failure of KSTUDIO to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. Any waiver of this agreement by K STUDIO must be in writing and signed by an authorized representative of KSTUDIO.