Last Updated May 20, 2019
Welcome to the Korban Company. Korban Company USA Inc. and/or its affiliates (“Korban Company”, “us” or “we”) provide website features, products and services to you when you visit or shop on https://www.korabnstudio.com/, log into our website, use the Korban Company mobile application, or use any software provided by us in connection with the foregoing (collectively, the “Services”). We provide the Services to you subject to the following terms and conditions of use (the “Agreement”). Please read these terms and conditions carefully as your access and use of the Services constitute your consent to this Agreement.
BY USING THE KORBAN ONLINE PROPERTIES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE KORBAN ONLINE PROPERTIES ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE THAT, AS FURTHER SET FORTH IN BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
Changes. We reserve the right to change or revise this Agreement at any time in our sole discretion. If changes are made, we will notify you of such changes by any reasonable means, including by posting a revised Agreement through the Services or updating the “Last Update” date at the beginning of this Agreement. By continuing to access the Services following any changes to this Agreement, you confirm your acceptance of the revised terms. We encourage you to review the terms frequently to ensure that you understand the terms and conditions that apply when you access and use the Services.
Rules of Conduct. In connection with the Services, you must not:
Accuracy of Content. The Services may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, the “Products”). Such Products may be made available by Korban Company or by third parties. Any listing description of Products, including but not limited to images, prices, weights, measurements and the validity of any discounts are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Please reference the Disclaimer of Warranties below.
License and Access. In order to access and use certain features of the Services, including to make purchases and to customize products, you will need to register for an account. When registering for an account, you agree to provide accurate, current and complete information, and to promptly update the information as necessary. You further agree to maintain the security of your account and to not share the information with others. As the license to access the account is limited, non-exclusive, non-transferable, and non-sublicensable, it is your responsibility to notify us immediately if you discover or otherwise suspect any security breaches or other misuse/unauthorized use related to the Services or your account. The license granted does not include any resale or commercial use of any Services, or its contents. Korban Company may terminate or suspend your use and access to the Services at any time, in its sole discretion, and without prior notice. This will include the deletion and/or deactivation of your username, password and/or account(s) and all associated materials, without any liability to you or any third party, and without any obligation to provide any further access to such materials.
User Generated Content and Materials. By uploading and submitting ideas, designs, customizations, creative concepts, or any other information (“User Content”) through the Services or any third party sites, you represent and warrant that you own and control all the rights to the User Content. Although we do not claim any ownership interest in the User Content, by uploading, posting or submitting User Content to the Services, you hereby grant Korban Company a nonexclusive, royalty free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, manufacturing, business, illustration, artistic and other commercial and noncommercial purposes. The User Content will not be subject to confidentiality and shall be deemed to be non-confidential.
By using the Services, you agree that Korban Company does not have any obligation to review the User Content, and is not in any manner responsible for User Content. You further agree that by using the Services, you agree not to submit or upload any User Content which:
Proprietary Rights, Trademarks and Copyrights. We and our suppliers own the Services, which are protected by proprietary rights and laws. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Apps and remove (that is, uninstall and delete) the Apps from your mobile device. All graphics, logos, page headers, button icons, scripts, service marks, and trade names, including but not limited to ©2019 Korban Company or Ryan Korban, Korban Studio, included in or made available through the Services are trademarks or trade dress of the Korban Company in the U.S. and other countries. The Korban Company’s trademarks and trade dress may not be used in connection with any product or service that is not our own, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Korban Company. All other trademarks not owned by the Korban Company that appear in the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Korban Company. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without our prior written consent, or the prior written consent of the owner, as applicable.
All content included in or made available through the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of the Korban Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Services is the exclusive property of the Korban Company and protected by U.S. and international copyright laws.
Notice and Procedure for Making Claims of Intellectual Property Infringement. If you believe your intellectual property rights, including but not limited to, copyright, trademark, and patent, have been infringed, please submit your complaint by providing Korban Company with the following written information to [email/link to an online form].
DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMISSABLE BY LAW, THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE KORBAN COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
While we try to maintain the timeliness, integrity and security of the Services, we do not guarantee that the Services are or will remain updated, complete, correct or secure, or that access to the Services will be uninterrupted. The Korban Company does not warrant that the Services, information, content, materials, products, including but not limited to software, or other services made available to you, electronic communications or our servers are free of viruses or other harmful components. Additionally, third parties may make unauthorized alterations to the Services.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE KORBAN COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF ACTUAL OR ANTICIPATED PROFITS AND/OR SAVINGS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF, DAMANGE TO, OR CORRUPTION OF SOFTWARE OR SYSTEMS, LOSS OF SECURITY OF INFORMATION TRANSMITTED THROUGH THE SERVICES OR KORBAN COMPANY (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), OR COST OF PROCURING SUBSTITUTE SERVICES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Indemnification. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Korban Company and/or its affiliates, employees, agents, representatives, directors, and officers from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, any of the Services and (b) any violation or alleged violation of this Agreement by you.
Governing Law; Arbitration. The terms of this Agreement are governed by and construed in accordance with the laws of the State of New York regardless of the laws that might otherwise govern under applicable choice-of-law principles. The parties hereto agree to submit to the jurisdiction of each of the federal and state courts located in New York County, New York in connection with any matters arising out of this Agreement and not to assert a defense of forum non-conveniens, sovereign immunity, Act of State or analogous doctrines in connection with any action. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND KORBAN COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules.
Information or Complaints. If you have a question or complaint regarding any of the Services or Products, please contact via email at email@example.com. You may also contact us by writing to Korban Company, Attn: Customer Service, 452 Broadway 2nd Floor, New York, NY 10013, or by calling us at 212 202-1938. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Miscellaneous. This Agreement does not, and shall not be construed to,create any partnership, agency, or joint venture relationship between you and Korban Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
New Jersey Consumers. If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; (d) the requirement that you indemnify Korban Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
Sanctions and Exports. You may not use any the Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Services. You must comply with all U.S. or other export and re-export restrictions that may apply to the Services, products purchased or any services to be provided by the Korban Company.
Returns & Exchanges. The refund and exchange policy is available HERE.
Shipping. The shipping policy is available HERE.