Welcome to ZAMRIE! These terms govern and apply to anyone accessing or using the website located at www.zamrie.com, our mobile applications, our blogs and any other website owned or operated by ZAMRIE, and any of their associated web pages (collectively, our Services).
Please take time to read these Terms and our Services. By accessing or using the Services, including purchasing any products from the Services, you represent, warrant, understand and agree to comply with these Terms.
ZAMRIE reserves the right to update, change, or modify these Terms at any time. If any material changes are made, ZAMRIE will notify you by posting the revised version. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. If you do not want to be bound by these TERMS, do not access any part of the Services.
Access To and Use of the Services
Unless authorized by ZAMRIE, you may use the Services, solely for your personal and non-commercial use. For any portion of the Services that requires a username and/or password, you are responsible for all use of your account under any username or password and ensuring that all use your account complies fully with the provisions of these terms.
If You are otherwise barred by the laws of the United States or other applicable jurisdiction from accessing these Services, then you are not allowed to use, access, or place an order through our Services.
ALL INFORMATION, text, graphics, images, logos photographs, illustrations, descriptions, data,icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, catalogs, and other material provided by the Services are owned by ZAMRIE and/or its licensors and protected by national and international intellectual property law.
Content you provide
ZAMRIE welcomes any comments, feedback, reviews, notes, suggestions, thoughts, ideas, proposals, pictures, photographs, information texts, graphics, images logos data, catalogs, literature, advertisements, titles, names and any other materials that you might care to submit through our Services (“User Generated Content”).
You are entirely responsible for all User Generated Content that you Submit or otherwise make available via the Services.
Limitations on Content
As a condition of accessing and using the Services, You agree not to post or submit User Generated Content that:
- is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, indecent, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation;
- violates or infringes upon the rights of others including, without limitation, privacy or publicity rights, intellectual property rights including, without limitation, copyright, patent, trade secret, or trademark rights, or other rights, without first obtaining permission from the owner or rights holder;
- promotes malice or harm of any kind against any group or individual;
- solicits user passwords, financial information, or personal identification for unlawful purposes;
- contains a virus, spyware, malware, or harmful software; or
- constitutes junk mail, unsolicited mass mail, or spam.
The foregoing is only a partial list of the kind of User Generated Content which is prohibited on the Services. ZAMRIE reserves the right to investigate and take appropriate action, legal or otherwise, in its sole discretion against anyone who violates this section including, without limitation, removing the offending content from the Services and terminating the violator’s Services access.
You further agree to act responsibly. You agree NOT to:
- use any content or information available through the Services for any unauthorized purpose;
- interfere with or damage the Services including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- collect, store, or distribute any information about any other user other than in the course of the permitted use of the Services;
- impersonate any person, company, or entity;
- modify, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Services or any software used on or for the Services; or
- assist any third party in doing any of the foregoing.
License to Content Provided
By posting or submitting User Generated Content to the Services, You automatically grant and warrant that it has the right to grant, to ZAMRIE and its licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, license (“License”) to use and promote the User Content in any form, in all media now known or hereinafter created, anywhere in the world, in connection with the Service.
You also hereby grant all other Users of the Services a non-exclusive, irrevocable, worldwide, royalty-free license to distribute, reproduce, display, and perform User Generated Content for non-commercial, personal purposes as permitted through the functionality of the Services.
You represent and warrant that You have obtained all necessary consent and authority from any individual whose likeness appears in any User Generated Content which User posts on or submits to the Service to: 1) post and submit such content on or to the Services; and 2) permit ZAMRIE and its licensees, affiliates, and successors to use such content for the aforementioned purposes.
You further represent and warrant that ZAMRIE’s exercise of any of its rights under the license granted will neither violate nor infringe upon the rights of others including, without limitation, privacy, publicity or intellectual property rights.
Your right to any product that is available for purchase through the website is conditional on our receipt of the appropriate full payment and related costs for such product. If such payment and costs cannot be charged to your credit card or if charge is refunded for any reason including chargeback, we reserve the right to cancel your order and/or suspend it.
You are responsible for paying all applicable taxes arising out of any purchase made under your account or otherwise made by you.
Product Descriptions and Remedies
We attempt to be as accurate as possible in describing products (including pricing) offered for purchase through the Services, however we do not warrant or represent that all such descriptions are complete, current or error-free. If you purchase one of our products and such product was not accurately described or depicted on the Website your sole remedy shall be to return such unused products to us within 18 days of your receipt thereof for a full refund ((including your return shipping costs). We change our product descriptions from time to time, so you MUST check these details before ordering from us. We cannot guarantee product availability.
Terms of Sale
Various products are offered for sale through the Website. In the event you wish to purchase any of these products you will be asked by ZAMRIE or an authorized third party on ZAMRIE’S behalf to supply certain information to us including without limitation, your full name, address and credit card information. You shall provide us or such third party with accurate, complete and current information at all times and comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase of any product.
By placing an order with ZAMRIE you are offering to purchase a product representing you are of legal age to form a contract and representing that the information you provide to us in connection with your order and the information is correct and authorized user of the payment method provided. Verification of information may be required by ZAMRIE prior to processing your order.
Information on the Services, Errors, and Orders
All features, specifications, products, prices, services, discounts, promotions and offers described on our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, ZAMRIE shall have the right, prior to the acceptance of your order, to refuse or cancel any such orders, whether or not the order has been confirmed and your credit card charged. ZAMRIE shall refund any funds collected in reference to cancelled products and/or services. You will have no other recourse against ZAMRIE in the event of such a cancellation.
If you have purchased a product offered through the Website that you wish to return to us you must adhere to our Return Policy. Your sole remedy for any and all failures, delays or interruptions with the respect to the ordering and delivery of our products ordered by you through the Website is limited to a refund for such products, if we determine in our sole discretion that you have complied with our Return Policy and thus that a refund is warranted.
ZAMRIE PROVIDES ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ZAMRIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES THAT IT MAKES AVAILABLE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZAMRIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Manufacturers may offer warranties for certain products sold through our Services. Those warranties, however, are direct from the manufacturer and are in no way offered by ZAMRIE. If you have questions related to a manufacturer warranty or are seeking to enforce one, please contact the appropriate company directly, as we cannot communicate with any manufacturers on your behalf.
Our Website contains links to other internet websites. We make these links available for your convenience only. You agree that ZAMRIE shall not be responsible or liable, directly or indirectly, for damages to you resulting from any content, advertising, products, or other material found through links to external sites or for your reliance or purchase of any such goods, content, or services that may be available through another website. We do not in any way endorse or guarantee the availability of any external websites or the content thereon. All use of third party websites is at your own risk.
Take-Down Requests, DMCA
ZAMRIE expressly prohibits users from uploading, posting, or otherwise distributing through the Service any content which may violate another party’s privacy, publicity, intellectual property, or other rights. If You believe any Services content violates or otherwise infringes upon any of Your rights, You are encouraged to contact ZAMRIE immediately to request that the allegedly offending content (“Offending Content”) to be removed from the Services. To make such a request (“Take-Down Request”), You should provide the ZAMRIE designed agent, listed below, with:
the identify of the Offending Content in sufficient detail such that it can be readily located (e.g., “The photograph of <detailed description> available at http://www.ZAMRIE.com/item123”);
User’s name, mailing address, email address, and telephone number; and
the name, user id, email, telephone phone number, and mailing address of the person you believe posted the Offending Content (as available).
In accordance with the Digital Millennium Copyright Act (“DMCA”), ZAMRIE has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations, and may accept notification of other offending Service content. If you believe in good faith that material appearing on this Service infringes your copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), to our Copyright Agent at:
Similarly, the DMCA provides that if you, in good faith, believe that a notice of copyright infringement has been wrongfully filed against you, you may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3) (2006).
Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this Service constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f) (2006).
ZAMRIE will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.
General Limitations on Liability
ZAMRIE, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS (“ZAMRIE PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: 1) THE WEBSITE’S AVAILABILITY; 2) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE; 3) ANY WEBSITE CONTENT; 4) ANY GOODS OR SERVICES ACQUIRED AS A RESULT OF ANY INFORMATION OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; 5) ANY USE OR INSTALLATION OF GOODS OR SERVICES MADE AVAILABLE THROUGH ANY INTERNET RESOURCE OR WEBPAGE LINKED TO THE SITE ; OR 6) THE DISCLOSURE, ALTERATION, OR USE OF ANY USER INFORMATION.
THE ZAMRIE PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE FAILURE, BY ANY PARTY, TO PROTECT USER PASSWORDS OR ACCOUNT INFORMATION.
THE ZAMRIE PARTIES SHALL NOT BE LIABLE FOR ANY FAILURE OR PERFORMANCE DELAY UNDER THE AGREEMENT DUE TO CIRCUMSTANCES BEYOND THE ZAMRIE PARTIES’ CONTROL INCLUDING, BUT NOT LIMITED TO, NATURAL CATASTROPHES, GOVERNMENTAL ACTS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM INTERRUPTIONS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION INTERRUPTIONS, OR ANY INABILITY TO ACQUIRE MATERIALS OR SUPPLIES.
IN ALL CASES, ZAMRIE’S LIABILITY SHALL BE LIMITED TO THE AMOUNT OF FEES PAID TO IT BY YOU IN THE TWELVE (12) MONTHS LEADING UP TO THE INCIDENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
THE LAWS OF CERTAIN JURISDICTIONS 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 MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold harmless ZAMRIE’s affiliates, subsidiaries, officers, directors, employees, agents, licensors, successors, or assigns from and against any loss, liability, or expense, including reasonable attorneys’ fees and expenses and court costs, arising out of or related to: 1) any third party claim against any them alleging that User Generated Content posted or submitted to the Services infringes any of the third party’s rights.
ZAMRIE, in its sole and unfettered discretion, may terminate User’s access to the Service for any reason including, without limitation, User’s breach of this Agreement. User agrees that any termination of its access to the Service may be effected without prior notice, and User agrees that: 1) ZAMRIE may immediately deactivate or delete any of User’s accounts and all related information and files in such accounts; and 2) bar any subsequent access to the Service or User Content. User agree that ZAMRIE shall not be liable to User or any third party for any costs or damages of any kind for or resulting from any termination of User’s Service access. ZAMRIE reserves the right to block users from certain IP addresses from accessing the Service.
Discontinuance of Service
ZAMRIE reserves the right to modify or discontinue, temporarily or permanently, any portion of the Service without prior notice. User agrees that ZAMRIE shall not be liable to User or to any third party for any modification or discontinuance of any portion of the Service.
Choice of Law
You agree that this Agreement will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of Illinois without regard to conflicts-of-laws principles that would require the application of any other law. Any proceeding arising out of or relating to this Agreement, including any copyright infringement disputes, must be brought in the courts of Cook County, Illinois, and each of the parties irrevocably submits to the exclusive jurisdiction of each such court in any such proceeding
If any provision – or portion of a provision – of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect.
No Partnership or Venture
This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto
Merger & Waiver
This Agreement is the entire agreement between the parties hereto, and replaces any and all prior agreements between the parties (if any), whether oral, electronic, or written, pertaining to the relationship outlined herein. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.
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