Terms and conditions
Legal Agreement; Revisions
This website, located at the URL www.materieltbilisi.com (the “Website”), is operated by Fashion House Materia LLC, on behalf of Fashion House Materia LLC (collectively “Fashion House Materia”, “we,” “us” or “our”). We provide use of the Website subject to these Terms and Conditions of Use (the “Terms”). These Terms are effective as of the date set forth above and apply to all visitors to or users of the Website (collectively, “you” or “your”) and any other website on which the Terms are posted, as well as the participation in any activities and services provided by us on and through the Website (except to the extent stated otherwise on a specific page), including purchasing products (the “Services”). These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Website or its Services, you: (i) acknowledge that you have read and understand, and are agreeing, on your own behalf and on behalf of your minor children visiting or using this Website, to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. You further acknowledge and agree that your access to and use of the Website and the Services are valuable benefits that you receive by agreeing to, and complying with, these Terms. You may not access, browse or use the Website or its Services and you should discontinue these activities immediately, if you: (a) do not agree to these Terms; or (b) are prohibited from accessing or using the Website or the Services by applicable law.
We may change or revise these Terms at any time, for any reason at our sole discretion and without notice. Your continued use of the Website or its Services after a posted change or revision in these Terms signifies your acceptance of any such change or revision. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. In the case of any violation of these Terms, we reserve the right to seek all remedies available for such violation, whether by law, in equity or otherwise. Your failure to follow these Terms may result in suspension or termination of your access to the Website, without notice, in addition to other available remedies.
You can address your questions or concerns regarding these Terms email@example.com
Matériel and/or its service providers, distributors, vendors, contractors, sponsors, licensors and/or licensees are the exclusive owners or licensees of all content and materials on the Website (“Website Content”) and of all related intellectual property rights, including all copyrights, moral rights, trademark rights, trade dress rights, rights of publicity and patent rights.
You do not acquire any ownership interests in the Website Content or the Marks by accessing, browsing or otherwise using the Website or its Services.
Your Use and Your Content; License Grant; Right to Monitor and Editorial Control
You may access, browse and use the Website and the Website Content only for your personal, non-commercial use.
You must be over the age of thirteen (13) to register as a visitor of the Website or otherwise submit or provide any personally identifiable information to the FH Materia Parties. By accessing or using the Website, you represent and warrant that you are over the age of thirteen (13) or are visiting the Website under the supervision of your parent or guardian. Certain features of the Website may allow you to post, upload, transmit or submit certain materials, content, comments, suggestions, information or ideas to or through the Website (“Your Content”). We do not ask for, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Website, by e-mail or in any other way. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in this section; (ii) represent and warrant that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (iii) grant to us and the FH Materia Parties a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferrable, assignable and fully sub-licensable (through multiple tiers) right and license to copy, reproduce, edit, modify, distribute, transmit, display, perform, make, have made, publish, sell, offer for sale, import, adapt, create derivative works from and otherwise use Your Content for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); (iv) agree that we and the FH Materia Parties will not be liable for any copying, reproduction, modification, adaptation, translation, collection, compilation, recompilation, preparation of summaries, abstracts, derivative works or materials, or any publication, distribution, display, disclosure, sale, licensing, or other use or commercial exploitation, of any ideas or other Your Content, or any tangible or intangible subject matter similar to, or using, incorporating, derived from or based on, any Your Content, in whole or in part; and (v) indemnify and hold harmless us and the FH Materia Parties for and against any and all claims, actions and damages (including court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Website, Your Content or its posting on, or submission to, the Website, and/or your violation of these Terms. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, PLEASE DO NOT SHARE, SUBMIT OR POST ANY OF YOUR CONTENT ON OR THROUGH THE WEBSITE.
We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Website at any time, for any or no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Website, or through the Website’s services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
You warrant and agree that, while accessing or using the Website, you will not yourself, and will not induce, assist or cause others to, directly or indirectly, for any purpose and by any means or in any form or medium whatsoever:
• download, archive, store, copy, reproduce, compile, recompile, use, modify, adapt, translate or prepare any summaries, abstracts, derivative works or materials of the Website or any Website Content, in whole or in part (except that you may exercise the limited rights to access, view and print in accordance with the terms above);
• access, use, license, sell, transfer, disclose, publish, transmit, display, distribute or provide or permit access to, in any way for any public or commercial purpose, the Website or any Website Content, or any modifications, adaptations, translations, summaries, abstracts or derivative works or materials thereof;
• collect, compile or recompile any Website Content, including any photographs, product listings, product designs, descriptions, references, images, terms of purchase or sale, prices or other data, information or other content obtained or derived from or through the Website;
• impersonate any person or entity or misrepresent your affiliation with any person or entity, whether actual or fictitious, including anyone from the Website, the FH Materia Parties or otherwise affiliated with us;
• use an inappropriate username or screen name;
• insert your own or a third party’s advertising, branding or other promotional content into any Website Content;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Website through any means, including through means not intentionally made publicly available or provided through the Website;
• engage in any automatic or unauthorized means of accessing, logging-in or registering on the Website, or obtaining lists of users or other information from or through the Website, including any information residing on any server or database connected to the Website;
• use the Website or its features and Services in any manner that could interrupt, damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website, including sending mass unsolicited messages or “flooding” servers;
• use the Website or its Services in violation of our intellectual property or other proprietary or legal rights, or the rights of any third party;
• use the Website or its Services in violation of any applicable law or for any unlawful purpose;
• attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Website or its Services; or
• post, transmit, submit, publish or otherwise disseminate through the Website any of Your Content or other material that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, false, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to our reputation or any of our respective officers, members, employees, representatives, licensors, service providers, suppliers, visitors or users in any way; (iii) is harmful to children in any manner; (iv) is for the benefit of any third party; (v) is for purposes of any public or commercial use or exploitation, including use by or for the benefit of any competitor of the FH Materia Parties; (vi) consists of or contains any viruses, bugs, worms, Trojan horses or other harmful computer code; (vii) contains any impersonation, misrepresentation of your identity or the source or affiliation of the material or Your Content, or incorrect identification information; or (viii) consists of or contains any commercial solicitation, mass mailing, junk mail, spam, chain letter or political campaign material.
Your Account and Your User Information
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.
We reserve the right to terminate Your Account or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat infringer or violator, we will, in appropriate circumstances, permanently terminate Your Account and remove Your Content from the Website. You have the right to cancel Your Account at any time. You may cancel Your Account by requesting through email firstname.lastname@example.org
All product purchases placed on or through the Website are subject to our acceptance, in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any purchase whether or not the purchase has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we do not process or cancel.
We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a product or Service whose price was incorrectly posted on the Website as a result of an error. If this occurs, we will notify you by email. In addition, we reserve the right, at our sole discretion, to correct any error in the stated price or revise the pricing for products or Services offered through the Website at any time. Our shopping, shipping, return, pre-order and online gift card policies are set forth in our Shopping Policy, which is incorporated in these Terms by reference for all purposes.
EXCEPT AS OTHERWISE SET FORTH IN OUR SHOPPING POLICY, YOU ACKNOWLEDGE AND AGREE THAT ANY CHARGES FOR PRODUCT OR GIFT CARD PURCHASES OR SERVICES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
We may, from time to time, modify, amend, or supplement our billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Website.
Information and User Generated Comments Not Provided or Endorsed By Us
Any and all information, comments, statements, links or other content placed on the Website by visitors to the Website, including advice and opinions, are the views and responsibility of the poster and do not necessarily represent the views or opinions of the FH Materia Parties. We do not necessarily verify, encourage, agree, endorse, support or sanction any of the content placed on the Website by visitors to the Website, including comments, opinions, statements or links posted on forums, blogs, bulletin boards, social network sites or otherwise. You agree that the FH Materia Parties are not responsible and shall have no liability to you with respect to any information, comments, statements, links, communications or other content posted by visitors to the Website, including any offensive, defamatory, or illicit materials, even if such materials are in violation of these Terms. You shall not submit any content protected by any intellectual property or other third party right without the express permission of the owner.
To the extent that the Website provides users access to resources, including public forums, health and medical content, online tools, calendaring, email, to-do lists, bookmarks, other personalization features, product or service offerings, book/publication offerings, and various communication tools, we assume no responsibility or liability for the accuracy or effectiveness of any such information or the timeliness, deletion, misdelivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you.
Modification, Suspension and Termination
We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Website.
We may change products or Services mentioned on the Website at any time with or without notice.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.