Terms, Conditions & Notices
Important Legal Information
The following rules and regulations apply to all visitors or to Users of the Divakiniz Web site, the home page of which is at www.divakiniz.com. By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by Divakiniz at any time and posted on this Web site. In the event of a violation of these rules and regulations, Divakiniz reserves the right to seek all remedies available by law and in equity.
Divakiniz Web site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Divakinz as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you, this is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions:
you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission;
you may not access or use the Divakiniz Web Site for any competitive or commercial purpose; and
you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Divakiniz may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Divakiniz.
Divakiniz and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Divaz Inc., and are protected by U.S. and international laws and treaties. No license to the use of such trademarks, names or trade dress is granted to you under these terms and conditions or by your use of the Divakiniz Web Site. Your misuse of the trademarks displayed on the Divakiniz Web Site is strictly prohibited. You are also advised that Divakiniz will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Divakiniz Web Site. None of these links should be deemed to imply that Divakiniz endorses the Third Party Sites or any content therein. Divakiniz does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Divakiniz will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Disclaimer of Warranty:
Access to Divakiniz Web Site is provided to our customers and prospective customers "as is" and "as available" and without warranty of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or noninfringement. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Divakiniz reserves the right to block or deny access to the Web Site to anyone at any time for any reason.
Prohibited Uses of Website and Services:
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that
contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer;
are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;
contain chain letters or pyramid schemes;
contain any unsolicited advertising, promotional materials, or other forms of solicitation to other Users, individuals or entities;
impersonate any person, business or entity, including our company and our employees and agents;
encourage conduct that would constitute a criminal offense;
give rise to civil liability;
otherwise violate any law; or
in doing so, amounts to any conduct that, in the judgment of Victoria's Secret, restricts, impairs, interferes or inhibits any other user from using or enjoying the Web Site and/or our related services and products.
Limitation of Liability:
In no event will Divakiniz be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked web sites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if Divakiniz is expressly advised about the possibility of such damages. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Divakiniz may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any items on the site, at any time and without notice. Divakiniz also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Divakiniz may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.
Notice for Copyright Infringement:
Divakiniz does not permit copyright infringing activities on this Web site. Divakiniz may remove any content of any kind that a user posts to this Web Site ("User Communications"), e.g., if properly informed that the User Communications infringe another's copyright rights. If you are a copyright owner or an agent for such owner and believe that any User Communications on this Web site by third parties infringes upon your copyrights, you may notify Divakiniz by providing the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
Identification of the location where the original or an authorized copy of the copyrighted work exists;
Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Divakiniz to locate the same;
Information reasonably sufficient to permit Divakiniz to contact you, such as an address, telephone number, and, if available, an email address;
A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
If you fail to comply with all of the requirements above, your notice may not be valid.