LIMITATION OF LIABILITY
This website and all information, content, materials, products and services included on or otherwise made available to you through this website are provided by Space NK on an 'as is' and 'as available' basis, unless otherwise specified in writing. Space NK makes no representations or warranties in connection with this website or the information, content, materials, products and services included on or otherwise made available to you through this website, whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such warranties are not legally excludable. To the fullest extent permissible, Space NK will not be liable for interruption of business; loss or damages of any kind incurred as a result of dealings with or the presence of the website or off-website links; access delays or access interruptions to the website; computer viruses, system failure or any malfunction which may occur in connection with your use of our website; any inaccuracies or omissions or misleading, false or deceptive statements in the content; or, any events beyond Space NK's reasonable control. Furthermore, to the fullest extent permitted by law, we will not be liable for any direct, indirect, special, incidental, consequential or other damages of any kind related to your use of the website and in no event shall our maximum aggregate liability exceed ONE THOUSAND DOLLARS ($1000.00).
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. If any provisions of these disclaimers and exclusions are deemed to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
EXCLUSIONS OF LIABILITY
Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of Space NK or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by English law. If any provisions of these disclaimers and exclusions are deemed to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Space NK is a member of the Direct Marketing Association and complies with its rules and guidelines.
No failure to exercise and no delay on the part of Space NK in exercising any right, remedy, power or privilege of Space NK under these Terms and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of Space NK.
OTHER LEGAL NOTICES
There may be legal notices on other areas of this Website which relate to your use of this Website or to products, services or promotions offered by us, all of which will, together with these Terms govern your use of this Website and such products, services or promotions.
CHANGES TO LEGAL NOTICES
We reserve the right to change these terms & conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the website.
LAW, JURISDICTION & LANGUAGE
This website, any content contained herein and any contracts entered into as a result of usage of this website are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
These Terms do not affect other legal rights you may have.
These Terms shall be governed by the laws of the State of New York, without giving effect to its principles of conflict of laws.