WELCOME TO MONALISASTYLE.COM. (THE “WEBSITE”). PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THE WEBSITE.
YOUR USE OF THE WEBSITE CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS OF THE WEBSITE USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.
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Acceptance of Agreement
By accessing the Website you are entering into this Website Use Agreement (“Agreement”) with monalisastyle.com, and you agree to be bound by the terms of this Terms of Use Agreement ("Agreement). If you do not agree to the terms of this Agreement, you must immediately stop use of the Website. If you remain on the Website, you agree to be bound by this Agreement. Monalisastyle.com reserves the right to change any of the terms of this Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this web page (or such other page accessible by clicking on [the Website Use Agreement link in the footer of the Website)]periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use the Website after changes are posted, you accept the changes and agree to them.
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Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed by Section 5 hereof, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.
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Designated Agent for Digital Millennium Copyright Act Claims.
1.Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on Monalisastyle.com's system or network, should be promptly sent in the form of written notice to Monalisastyle.com's Designated Agent:
Copyright Agent
c/o Monalisastyle.com
All claims must include the following information:
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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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Identification of the copyrighted work or works claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such work;
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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
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Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
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A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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Trademarks.
Monalisastyle.com and all other related product and service names, design marks and slogans are trademarks or registered trademarks of Mona Lisa Style, INC.. All other trademarks and service marks are trademarks of their respective owners.
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Limited Right to Use.
Limited permission to copy all documents and related graphics from the Website is granted subject to the following:
- The materials provided herein are for personal, non-commercial use only,
- Any copies of documents contained on the Website or portions thereof must include the above copyright notice, and
- You may not copy or print more than one copy of material posted on the Website.
Documents published by Mona Lisa Style, INC. or monalisastyle.com on the Website may contain other proprietary notices or describe products, services, processes or technologies owned by or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Mona Lisa Style, INC., monalisastyle.com or any third party. Except as expressly granted under this Agreement, all rights are reserved by Mona Lisa Style, INC. and monalisastyle.com.
You may not display the Website in frames or utilize any other techniques to display the Website (or any content on the Website) without the prior express written consent of Monalisastyle.com. You may not use any meta tags or any other “hidden text” utilizing monalisastyle.com's name or trademarks without the prior express written consent of monalisastyle.com. You may not use monalisastyle.com's domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using the Website. You may not link to the Website, without monalisastyle.com's prior consent, which consent may be withdrawn by Monalisastyle.com at any time, with or without notice, in monalisastyle.com's sole discretion.
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Data Mining Prohibited.
You may not use bots or similar methods or tools to “data mine” or otherwise gather or extract data from the Website, without Monalisastyle.com's prior consent, which consent may be withdrawn by Monalisastyle.com at any time, with or without notice, in Monalisastyle.com's sole discretion.
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Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.
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Consent to Monitoring.
Monalisastyle.com is under no obligation to monitor the information residing on or transmitted to the Website. However, anyone accessing the Website agrees that Monalisastyle.com may monitor the contents of the Website periodically to (1) comply with any applicable laws, regulations or other governmental requests; (2) operate the Website properly or to protect itself and its users. Monalisastyle.com reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to the Website (or the server(s) that host the Website) that it, in its sole discretion, believes is unacceptable or in violation of the terms and conditions of this Agreement. [The Website may contain content provided by advertisers or other third parties that may not be suitable for children.] Monalisastyle.com asks parents or legal guardians to assist Monalisastyle.com by supervising the activities of children at the Website. Monalisastyle.com does not knowingly collect personal information from children through the Website.
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Access / Failure to Comply.
1.Monalisastyle.com has the right to terminate, suspend or restrict your access to the Website, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access the Website.
Monalisastyle.com also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement.
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Indemnification.
You agree, at your own expense, to indemnify, defend and hold Monalisastyle.com (and its subsidiaries, officers, directors, agents, employees service providers, affiliates and third parties providing content on the Website) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) your breach of any representation, warranty, covenant or obligation set forth in this Agreement (or any other violation of this Agreement), (b) any information, content or other material transmitted, submitted or provided by you through the Website (including, without limitation, Monalisastyle.com’s exercise of its rights with respect to such information), (c) your publication or use of any user review displayed on the Website, or (d) your use of (or conduct on) any Merchant Site, as defined below, (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Merchant Site (including without limitation, any advertisement or coupon for products or services on any Merchant Site), (ii) any transactions initiated or conducted by you through any Merchant Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any Merchant Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), (iv) any reservations you make on or through any Merchant Site, and (v) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any Merchant Site).
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Nontransferable.
Your right to use the Website is not transferable. Any password or right given to you to obtain information or documents is not transferable.
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Limitation of Liability.
1.THE USER OF THE WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEBSITE AND THE INTERNET GENERALLY. MONALISASTYLE.COM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED DOWNLOADED OR ACCESSED FROM THE WEBSITE.
IN NO EVENT SHALL MONALISASTYLE.COM OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THE WEBSITE OR ANY MERCHANT SITE, (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A MERCHANT SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A MERCHANT SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THE WEBSITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER MONALISASTYLE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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No Warranties.
1.Any material on the Website may include technical or other inaccuracies or typographical errors.
THE WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
MONA LISA STYLE.COM AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
NO ADVICE OR INFORMATION GIVEN BY MONALISASTYLE.COM, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER MONALISASTYLE.COM NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THE WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) NEITHER MONALISASTYLE.COM NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEBSITE OR ANY MERCHANT SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A MERCHANT SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A MERCHANT SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THE WEBSITE, OR (4) THE INTERNET GENERALLY.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 13 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
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Information and Content Provided by You.
1."User Provided Content” means information, content and other material that any user of the Website submits or otherwise provides to Monalisastyle.com (including but not limited to feedback, user reviews, data, questions, answers, comments, suggestions, plans, ideas or the like). If any user of the Website submits or otherwise provides Monalisastyle.com with User Provided Content, such User Provided Content will be deemed to be non-confidential, and Monalisastyle.com assumes no obligation to protect such User Provided Content from disclosure (and assumes no obligation to publish such User Provided Content and no other obligation of any kind with respect to such User Provided Content).
You grant Monalisastyle.com and its affiliates the absolute, perpetual, irrevocable, transferable, royalty-free, worldwide, unrestricted, right, license and authority to (a) use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any User Provided Content that you submit or otherwise provide to Monalisastyle.com, in whole or in part, in such manner, format and media as Monalisastyle.com may see fit in its sole discretion and for such purposes as Monalisastyle.com may see fit in its sole discretion, without compensation to you, and (b) grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to Monalisastyle.com in this paragraph, subject to such terms and conditions as Monalisastyle.com may deem appropriate in its sole discretion, without compensation to you.
Without limiting the preceding paragraph, the submission or provision of User Provided Content to Monalisastyle.com will in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by Monalisastyle.com for any purpose whatever.
You represent and warrant that you have the right and authority to grant Monalisastyle.com the rights, licenses and authorizations afforded by this Agreement without the consent or authorization of any other person or entity, and that the exercise of any such rights, licenses, or authorizations by Monalisastyle.com or its sublicensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. By submitting or otherwise providing User Provided Content (including, without limitation, user reviews), you represent and warrant that (a) you are the sole author and owner of the intellectual property rights thereto, (b) all “moral rights” that you may have in such User Provided Content have been voluntarily waived by you, (c) all such User Provided Content is accurate, (d) you are at least 18 years old, and (e) use of such User Provided Content will not cause injury to any person or entity.
You further agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through, the Website any information, content or other material (including, without limitation, user reviews) that (a) violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree and understand that Monalisastyle.com may, in its sole discretion for any reason, and without any prior notice or liability, delete any files that you may maintain at the Website, and any material you may choose to post here. You should keep a copy of any material that you maintain or post at the Website because Monalisastyle.com will not undertake to retain copies of any material that Monalisastyle.com or others may delete from the Website.
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Security/No Disruption.
You agree that you will comply with any security processes and procedures (such as passwords) specified by Monalisastyle.com with respect to access to or use of the Website. Further, you agree not to access or attempt to access any areas of or through the Website which are not intended for general public access, unless you have been provided with explicit written authorization to do so by Monalisastyle.com. You agree that you will not disrupt the functioning of the Website or otherwise act in a way that interferes with other users' use of the Website.
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Links to other Websites.
The Website contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Website does not imply approval, endorsement, sponsorship or recommendation of the linked web site by us. If you decide to leave our Website and access these third-party sites, you do so at your own risk.
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[Third-Party Services.
We allow access to or advertise third-party merchant sites ("Merchant Sites") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered on or by Merchant Sites. Merchant Sites are responsible for all aspects of order processing, fulfillment, billing and customer service. Monalisastyle.com makes no representations whatsoever concerning ( a) the information, software or other material appearing on, or accessible through, any Merchant Site (including without limitation, any advertisement for products or services on any Merchant Site), (b) the performance or operation of any Merchant Site (including, without limitation, any transactions initiated or conducted through any Merchant Site, any taxes associated therewith and any use by third parties of user credit card information), (c) any products or services advertised or sold on or through any Merchant Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (d) the sellers of any products or services advertised or sold on or through any Merchant Site. If you decide to access any of the Merchant Sites linked to the Website, you do so entirely at your own risk. We are not a party to the transactions entered into between you and Merchant Sites. You agree that use of such Merchant Sites is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANT SITES OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
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Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchant Sites will apply to you while on such sites. We are not responsible for information provided by you to Merchant Sites. We and the Merchant Sites are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. If you are accessing a Merchant Site through a link on the Website, you are advised to read the terms of use and privacy policy of such Merchant Site before you use such Merchant Site.]
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Privacy Policy.
Our Privacy Policy which is available at ____________, as it may be amended from time to time, is incorporated in this Agreement by reference.
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Payments.
You represent and warrant that if you are purchasing something from us or from Merchant Sites that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
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Refund Policy.
If a product purchased by you proves to be defective or not to your reasonable satisfaction, you can return the product within 21 days of receipt, to the following address: Monalisastyle.com, ___________________. In such event, we will provide you a credit for other purchases on the Website (less shipping and handling charges incurred). This Section 21 sets forth your sole and exclusive rights with respect to refunds and returns.
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Information and Press Releases.
The Website contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.
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Miscellaneous.
1.This Agreement shall be treated as though it were executed and performed in Kings County, New York, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). ALL LEGAL PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE BROUGHT SOLELY IN BROOKLYN, NEW YORK. YOU EXPRESSLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF SAID COURT AND CONSENT TO EXTRA-TERRITORIAL SERVICE OF PROCESS. Any cause of action by you with respect to the Website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 12, 13 and 17.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision.
You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void.
This Agreement (including all policies, notices and other terms incorporated into this Agreement by reference) constitutes the entire agreement between you and Monalisastyle.com with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. This Agreement may be revised only by Monalisastyle.com as set forth in the Section 1 this Agreement. Any terms varying from this Agreement in any written, electronic or other communication from you are void.