TERMS & CONDITIONS AGREEMENT
This agreement (the “Agreement”) is entered into by and between you (“you”) and Marcielo GmbH, (“Marcielo”) regarding your use of all aspects of wearona.com (the “Service”). By using the Service, you consent to be bound by these terms and conditions.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. MARCIELO MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Rights Associated with the Service.
The Service is designed to help you find information (“Information”) about design, fashion, art and architecture where you can find additional content on sites not owned or controlled by Marcielo. In particular, the Service provides editorial posts (“wearona post”) including Information to help you identify the relevant Information of interest to you. When you select a wearona post, you will be linked (the “via” function) to the content on which additional information appears. Marcielo owns and retains all intellectual property rights to the Service; but Marcielo does not claim ownership rights to the full Information, which are instead held by the sites to which the Service links.
2. Use of the Service.
You may only display the content of the Service for your own personal use (i.e., non-commercial use) and may not otherwise copy, modify, create derivative works, reproduce, alter, or publicly display any content. If you are uncertain whether your intended use of the Service is permissible, please contact us. In addition, Marcielo shall have the right in its sole discretion to suspend or terminate the Service or your access to it.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MARCIELO PROVIDES THE SERVICE AND RELATED CONTENT “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND MARCIELO SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. MARCIELO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. MARCIELO HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL MARCIELO BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF MARCIELO OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MARCIELO LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. Content generated by you
3.1 The pages of the Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the Website, you:
• (a) grant Marcielo the right to use such content and all material embodied therein for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website;
• (b) warrant to Marcielo that all such content complies with the provisions of Clause 3.2; and
• (c) acknowledge that Marcielo may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from Marcielo.
• 3.2 Marcielo reserves the right (but not the obligation) at its sole discretion to refuse or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so. However, Marcielo will not review the materials that you or anyone else makes to the Website and therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that Marcielo is aware of it. If you object to the publication of any material placed on the Website please contact Marcielo using the “Contact” section of the Website and we will take whatever action we deem appropriate.
• 3.3 Marcielo accepts no responsibility for any statements, material or other submissions placed on the Website by users.
4. Links to and from other websites
Marcielo and the Service makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-wearona.com web site, please understand that it is independent from the Service, and that Marcielo has no control over the content on that web site thus it is at your own risk. In addition, a link to a wearona.com web site does not mean that wearona endorses or accepts any responsibility for the content, or the use, of such web site.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1, 2, 3, 4, 6 and 7 shall survive any termination of this Agreement.
6. Modifications of Terms.
Marcielo shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting. Accordingly, we suggest that you check this page periodically. To make your review more convenient, we will post a version number or date at the bottom of this page. These terms may also be modified by separate agreement between you and Marcielo.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. This Agreement shall all be governed and construed in accordance with the laws of Austria applicable to agreements made and to be performed in Austria. You agree that any legal action or proceeding between Marcielo and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Austria . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Marcielo´s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Marcielo may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.