WEB SITE TERMS AND CONDITIONS AND PRIVACY POLICY

THANK YOU FOR VISITING THE SYLVIA KONTENTE WEB SITE (“SITE”). YOUR USE OF AND ACCESS TO THE SITE ARE GOVERNED BY THESE TERMS AND CONDITIONS AND PRIVACY POLICY, WHICH COLLECTIVELY FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND SYLVIA KONTENTE – DMK NEW YORK INC.

USE OF THE SITE

Only people over the age of 18 may use the services offered via the Site.

USE OF CONTENT

All text, images, graphics, media, content, data, and information on the Site (“Content”) are the property of SYLVIA KONTENTE – DMK NEW YORK INC and protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Site, as well as the trademarks, graphics, logos, colors, and designs. Except as expressly set forth herein, all rights in the Content and the Site are reserved to SYLVIA KONTENTE – DMK NEW YORK INC. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content is subject to change and the operation of the Site may terminate without notice in the sole discretion of SYLVIA KONTENTE – DMK NEW YORK INC. SYLVIA KONTENTE – DMK NEW YORK INC authorizes you to view and make a reasonable, limited number of copies of particular Content for noncommercial use if you include the following copyright notice, in addition to any other copyright and proprietary rights notices originally contained in the Content: “Copyright 2018 SYLVIA KONTENTE. All rights reserved.” Under no circumstances may any Content be reproduced or used for any commercial purpose on any other web site or in any other medium.

DISCLAIMER AND LIMITATION OF LIABILITY

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYLVIA KONTENTE – DMK NEW YORK INC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT. SYLVIA KONTENTE – DMK NEW YORK INC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE TO YOU ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SYLVIA KONTENTE – DMK NEW YORK INC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE CONTENT OR ITS ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
The use of the Site and the Content is at your own risk. When using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of SYLVIA KONTENTE – DMK NEW YORK INC. Accordingly, SYLVIA KONTENTE – DMK NEW YORK INC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

In no event shall SYLVIA KONTENTE – DMK NEW YORK INC be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not SYLVIA KONTENTE – DMK NEW YORK INC is advised of the possibility of such damages. In the event that SYLVIA KONTENTE – DMK NEW YORK INC is adjudicated liable to you for any form of damages, SYLVIA KONTENTE’s – DMK NEW YORK INC liability shall be limited to US $100. You agree that SYLVIA KONTENTE – DMK NEW YORK INC shall not be liable for any personal injury, including death, caused by your use or misuse of the Content or the Site. Some states may not allow the limitation or exclusion of incidental or consequential damages; so the above limitation or exclusion may not apply to you. Any claims arising in connection with your use of the Content or the Site must be brought within six months of the date of the event giving rise to such action occurred. Remedies are exclusive and limited to those expressly provided for herein.

USER COMMUNICATIONS

You agree that you will not transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that all such submission and communications are non-confidential for all purposes, and further that to the best of your knowledge such submission and communications comply fully with all requirements set forth in the relevant portions of the Site or elsewhere as indicated on the Site or in other SYLVIA KONTENTE – DMK NEW YORK INC materials. If you make any such submission, you hereby grant to SYLVIA KONTENTE – DMK NEW YORK INC, or warrant that the owner of such content has expressly granted to SYLVIA KONTENTE – DMK NEW YORK INC all right, title, and interest in and to such submission, including without limitation all rights of copyright therein, including the rights to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. SYLVIA KONTENTE – DMK NEW YORK INC may freely assign or sublicense these rights.

The Site and Site services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site and its services. You may not register under a false name or give any false or misleading information. You may not impersonate or use the password or subscriber ID of another person. Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and SYLVIA KONTENTE – DMK NEW YORK INC will cooperate to ensure that violators are prosecuted to the fullest extent of the law. In addition, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

Using the Site for any purpose in violation of local, state, national, or international laws;
Attempting to use the Site to disseminate material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Attempting to use the Site to disseminate material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by SYLVIA KONTENTE – DMK NEW YORK INC in its sole discretion;
Attempting to use the Site to disseminate advertisements;
Attempting to use the Site to disseminate viruses, trojan horses, timebombs, worms, cancelbots, or other harmful computer code;
Harvesting or otherwise collecting information about others, including email addresses, without their consent;
Engaging in any other which, in the judgment of SYLVIA KONTENTE – DMK NEW YORK INC, exposes SYLVIA KONTENTE – DMK NEW YORK INC or any third party to any liability or detriment of any type.
SYLVIA KONTENTE – DMK NEW YORK INC reserves the right to deny access to the Site for any violation of these Terms and Conditions.

LINKS TO OTHER SITES.

SYLVIA KONTENTE – DMK NEW YORK INC does not endorse, takes no responsibility for, and expressly disclaims any warranties of any kind as to content on any third-party websites, including linked third-party sites and sites framed within the Site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. SYLVIA KONTENTE – DMK NEW YORK INC does not endorse any product advertised on the Site.

INDEMNIFICATION

You hereby agree to fully indemnify, defend and hold harmless SYLVIA KONTENTE – DMK NEW YORK INC and all of its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by any of the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. SYLVIA KONTENTE – DMK NEW YORK INC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, including agreeing to any settlement of the claim.

SECURITY

SYLVIA KONTENTE – DMK NEW YORK INC may require users posting Content to utilize a password and/or a subscriber ID. You also may be required to give SYLVIA KONTENTE – DMK NEW YORK INC certain registration information, all of which must be accurate and updated. In such situations, you may not (i) select or use a password or subscriber ID of another person with the intent to impersonate that person; or (ii) use a password or subscriber ID in which another person has rights without such person’s authorization. Because security is such an important issue, any failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account; and you shall be responsible for maintaining the confidentiality of your password. You agree to promptly notify SYLVIA KONTENTE – DMK NEW YORK INC of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password, or subscriber ID. You are responsible for all usage of the Site under your password or subscriber ID, including use of the account by any third party authorized by you to use your subscriber ID or password. Any fraudulent, abusive, or otherwise illegal activity, or any violation of these Terms and Conditions may be grounds for termination of your account, at SYLVIA KONTENTE’s – DMK NEW YORK INC sole discretion, and SYLVIA KONTENTE – DMK NEW YORK INC may refer you to appropriate law enforcement agencies.

NONTRANSFERABLE RIGHTS

Your rights to use the Site, your password and your subscriber ID are not transferable. Any password, subscriber ID or right given to you for use of Site Content or any service provided on the Site cannot be transferred to any person or entity. Any attempted transfer by you shall be null and void, and may be grounds for the termination of all of your rights to access and use the Site. Notwithstanding the foregoing, authorized corporate users can use the same password and subscriber ID number for each authorized user employed by the organization, provided that SYLVIA KONTENTE – DMK NEW YORK INC is notified of the name(s) of each authorized user.

INVESTIGATION AND DISCLOSURE OF INFORMATION

SYLVIA KONTENTE – DMK NEW YORK INC has the right, but is not obligated, to monitor any activity and content associated with this Site. SYLVIA KONTENTE – DMK NEW YORK INC may investigate any reported violation of our policies or complaints and take any action that SYLVIA KONTENTE – DMK NEW YORK INC deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any Site Content. SYLVIA KONTENTE – DMK NEW YORK INC reserves the right and have absolute discretion, to remove, screen or edit any Site Content that violates these provisions or is otherwise objectionable. SYLVIA KONTENTE – DMK NEW YORK INC also reserves the right to report any activity that SYLVIA KONTENTE – DMK NEW YORK INC suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, and to protect SYLVIA KONTENTE – DMK NEW YORK INC systems, business and users, SYLVIA KONTENTE – DMK NEW YORK INC may access and disclose for such purposes any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

GENERAL

SYLVIA KONTENTE – DMK NEW YORK INC makes no claims that the Content is appropriate or may be downloaded in any particular jurisdiction. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. All provisions of this Agreement which by their nature are intended to survive the termination of this Agreement (including without limitation the provisions captioned Disclaimer and Limitation of Liability, User Communications, Indemnity, and Jurisdiction) shall survive such termination.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with SYLVIA KONTENTE – DMK NEW YORK INC, or in any way relating to your use of the Site, resides in the state and federal courts located in the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction state and federal courts located in the State of New York in connection with any such dispute including any claim involving SYLVIA KONTENTE – DMK NEW YORK INC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

PRIVACY POLICY – SYLVIAKONTENTE.COM

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.

When do we collect information?
We collect information from you when you register on our site, place an order, fill out a form or enter information on our site.

How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To quickly process your transactions.
• To follow up with them after correspondence (live chat, email or phone inquiries).

How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:
• Help remember and process the items in the shopping cart.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, It won’t affect the user’s experience .

Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.

Third-party links
We do not include or offer third-party products or services on our website.

Google
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users.

https://support.google.com/adwordspolicy/answer/1316548?hl=en

We have not enabled Google AdSense on our site but we may do so in the future.

California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:
• On our Privacy Policy Page.
Can change your personal information:
• By logging in to your account.

How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.

Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
• Within 7 business days.

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service.
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:
• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at
• Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

Contacting Us
If there are any questions regarding this privacy policy, you may contact us using the information below.

Sylvia Kontente
DMK NEW YORK INC.
1129 Northern Blvd.
Suite 404
Manhasset, NY 11030
USA

Service@sylviakontente.com
Tel: 516-743-7074

Last Edited on 9-1-2020