Use of Site
Services and products are intended for persons who are legally permitted to enter binding contracts. The Site may not be used to gain or attempt to gain a competitive advantage in MadameSmith.com’s industry market or be used for any commercial use.
The information, opinions, photos, messages, website links, text information, music, videos, graphics, files, ideas, data and any other content provided to us by Users (“User Submissions”) and uploaded, published, displayed or otherwise made available (“posted”) on the Site is not endorsed by MadameSmith.com. User is solely responsible for the User Submissions he or she posts. User retains all ownership rights in his or her own User Submissions. However, by submitting User Submissions to the Site, User grants, and warrants that he or she has the right to grant, to MadameSmith.com a non-exclusive, worldwide, non-revocable, transferable, royalty-free, perpetual right to use the User Submissions in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, sublicense, reproduce, create derivative works, distribute, assign and commercialize without any payment due to User. User Submissions are not confidential or proprietary.
Rules of Conduct
User agrees to adhere to generally accepted rules of etiquette and behavior standards. The following rules of conduct apply to User’s use of the Site and to all User Submissions posted on the Site.
Users may not:
- post User Submissions that are libelous, hateful, inflammatory, illegal, inaccurate, malicious, false, pornographic, defamatory, harmful to others, obscene, sexually explicit, harassing, vulgar, violent, racially, ethnically or culturally offensive, or otherwise objectionable or offensive in any way;
- post User Submissions that are invasive of privacy, publicity, intellectual property, proprietary, or contractual rights;
- post photos or videos of another person without that person’s consent;
- post any advertising or solicitation or commercial content whatsoever on the Site;
- post User Submissions or take any action on the Site that violates any law, creates liability, or promotes illegal activities;
- impersonate any person or entity, or misrepresent him or herself or any affiliation with any person or entity;
- promote software or services that delivers unsolicited email or contains viruses, Trojan horses, worms, time bombs, or other harmful programming routines or computer code;
- solicit personal information from anyone under 18;
post the personal information of another person without that person’s permission; or
- use another User’s account or modify or remove another User’s User Submissions without their permission
Accuracy of Information
Although MadameSmith.com’s webmaster updates information on the Site periodically, MadameSmith.com does not offer assurance that the information or material is error-free or complete. Such updates include but are not limited to color, availability, product description, and price. MadameSmith.com reserves the right to revise or change information without prior notice. Although we apologize for the inconvenience, MadameSmith.com reserves the right to correct any information at any time, even during your transaction, and will take measures that may include refusal, cancellation, or revision to adjust your final payment. All prices are available for limited time only, and MadameSmith.com reserves the right to change any price without notice. Current promotions, sales, and discounts are not valid towards previously purchased merchandise.
Third Party Links and Content
Links and references to and from third party websites are provided for convenience only. MadameSmith.com does not expressly or implicitly endorse any information, materials, or services offered on third party sites, nor their accessibility or security. MadameSmith.com does not assume any responsibility or liability for third party sites, nor does MadameSmith.com make any representation or warranties for these sites. No User may provide links to MadameSmith.com’s website without prior written permission from MadameSmith.com’s webmaster. To request such permission, contact email@example.com.
MadameSmith.com and its service providers do not guarantee the accuracy or completeness of the Site’s content. MadameSmith.com does not assume responsibility or liability for third party content on the Site. Vendors of MadameSmith.com may furnish certain information available to the User, including certain product data and opinions, and thus User agrees to indemnify MadameSmith.com service providers and affiliates against all losses or damages resulting in User’s reliance on any information, opinion, or advice obtained through the Site.
User agrees to indemnify all MadameSmith.com service providers and affiliates against all losses or damages, including reasonable attorney’s fees, resulting from any violation of this Agreement and/or the Privacy Notice by the User, or any activity on the User’s account by another third party.
Copyright and Trademark Disclaimer
The Site is owned by MadameSmith.com and is available for a User’s personal and non-commercial purposes only. The MadameSmith.com name, logo, and site content, including all pictures, slogans, text, colors, designs, graphics, images, icons, buttons, code, and software, are all subject to trademark, copyright, and other applicable intellectual property rights and law. Third-party trademarks, product names, and logos on the Site are the property of their respective owners. MadameSmith.com retains sole rights for all use, production, and copy of its trademarks, and any misuse is strictly prohibited. MadameSmith.com trademarks may not be copied, reproduced, modified, downloaded, published, exploited, or transmitted without first obtaining written permission from MadameSmith.com. Permission is only granted to electronically copy and print pages from the Site solely as related to the non-commercial placement of User’s personal order from MadameSmith.com. MadameSmith.com retains all intellectual property rights, copyrights, and trademarks for any material that User prints for personal use. User agrees to respect all applicable intellectual property laws and not use any materials on the site to create new works. Limitation of Liability and Disclaimer of Warranties
MADAMESMITH.COM PROVIDES THE SITE “AS IS” AND DOES NOT CLAIM TO MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONTENT OF THE SITE. MADAMESMITH.COM FURTHER DOES NOT WARRANT THAT ITS SITE OR THE PRODUCTS AND MATERIALS CONTAINED ON THE SITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR APPLICABLE SERVER IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL CODE. NEITHER MADAMESMITH.COM NOR ANY OF ITS SERVICE PROVIDERS SHALL BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY DAMAGES, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM ANY USE OR INABILITY TO USE PRODUCTS OR SERVICES, MALFUNCTIONS OR DEFECTS IN THE SITE, LACK OF PRIVACY OR SECURITY WHEN USING THE SITE, FOR ANY DELAY IN OR LACK OF DELIVERY, FOR ANY LOSS OF PROFITS, DATA, OR BUSINESS, FOR USER OR ANY THIRD PARTY, AS PERMISSIBLE UNDER ALL APPLICABLE LAW. IF APPLICABLE LAW DOES NOT PERMIT SUCH AN EXCLUSION OF LIABILITY FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, THE LIMITATION MAY NOT APPLY IN ITS ENTIRETY. USER IS NOT OBLIGATED TO ACCESS OR USE THE MADAMESMITH.COM SITE. USER AGREES TO INDEMNIFY AND HOLD HARMLESS MADAMESMITH.COM AND ITS SERVICE PROVIDERS FROM DAMAGES, AND NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGE CAUSED BY LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST DATA, COMPUTER VIRUSES, BUSINESS INTERRUPTION, LOST REVENUE, OR LOSS OF GOODWILL) FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT IN NO EVENT SHALL MADAMESMITH.COM BE LIABLE FOR DAMAGES IN EXCESS OF THE PRICE CHARGED TO USER FOR USER’S ORDER. THIS LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. MADAMESMITH.COM RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS SITE.
The Site is controlled and operated by Madamesmith.com in [Los Angeles, CA] United States of America. Madamesmith.com makes no claim that the Site, its services, or products, are appropriate or accessible to other locations. User accesses the Site on her/his own initiative, accepts and agrees to be bound by the terms of the Agreement, the Privacy Notice, and submits to the jurisdiction and venue in the state or federal courts. This agreement shall be governed by the laws of the State of California without giving effect to its conflicts of law principles. The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision. If Madamesmith.com initiates legal proceedings to collect any amount due hereunder and Shopakira.com substantially prevails in such proceedings, then User agrees to pay Madamesmith.com’s costs and reasonable attorneys’ fees in such proceedings and any appeals. User waives any and all rights that she/he may have to a jury trial in connection with any proceedings concerning this Agreement.