Terms and Conditions of Website Use Agreement
Date of Last Revision: May 4, 2014
Welcome to POLINASTUDIO.COM (the “Website”). The Website and services offered by the Website are owned and operated by Polina Studio, Inc. (the “Company”). This Terms and Conditions of the Website Use Agreement (the “Agreement”) shall constitute the legally binding terms for the use of the Website. When you visit, browse, enter, access, or view (“use”) any portion of the Website beyond this page regardless of whether you intend to do so, you agree to be bound by the terms of this Agreement. You are only authorized to use the Website if you agree to abide by all applicable local, state, and federal laws, and to each and every term of this Agreement. If you wish to become a customer of the Company, you must affirm that you have read and understood the terms of the Agreement, and indicate your acceptance of the terms of the Agreement during the registration process.
The Company is an online interior design and decorating site that gives you various room designs and color palettes to choose from and provides you with information to enable you to order the elements of your selected room design online or in retail outlets (the “Services”).
2. Modification; Governing Version of the Agreement
- Website Content
Unless otherwise noted, the text, graphics, design, logos, layout and other content of the Website and the Website as a whole (the “Website Content”) are copyrights, trademarks and/ or other intellectual properties owned, controlled, or licensed by the Company. The Website Content is intended solely for personal, noncommercial use by the users of the Website. You may download or copy the Website Content for your personal, noncommercial use only provided that your copy retains any copyright and trademark notices appearing on the page(s) downloaded or copied from the Website. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Website Content.
The Website has used its best efforts to display as accurately as possible the colors of the products that appear on the Website. However, since the actual color you see will depend on the make, model and settings of your computer monitor, the Company cannot guarantee that your computer monitor’s display of any color will be accurate. The Company cannot be held liable for any difference in the color displayed on your monitor and the actual color of the product displayed.
- Third Party Content
The Website contains information from, and links to, outside websites including graphics, text, pictures, designs, and other similar content (“Third Party Content”). The Company is not obligated to investigate, approve, or monitor and, as such, the Company is not responsible for any Third Party Content accessed either through the Website or through a third party website or otherwise. Directing, linking or any other reference to a Third Party Website or Content in connection with the use of this Website does not imply endorsement of Third Party Content by the Company.
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
- The Company does not represent or warrant the accuracy or reliability of any of the information or content contained on, linked, or accessed through the Website.
- The Company hereby disclaims all responsibility and/or liability for any and all errors, delays, interruptions, technical malfunction, or any injury or damage to any user’s computer, mobile phone, hardware or software, that occurs in connection with the use of the Website. This includes, but is not limited to, any damage sustained in connection with the use or downloading of any applications, software, or Third Party Content.
- The Company makes no representations or warranties with regard to, and disclaims all responsibility and/or liability for, any person, company or organization selling, buying, trading, or promoting any product or service, and for any commercial transactions conducted in connection with the Use of the Website.
- The Company makes no representations or warranties with regard to, and disclaims all responsibility and/or liability for, any damages or injuries sustained in connection with any software, applications, files, Content, or Third Party Content. Any Content or Third Party Content used by the Company does not imply any sponsorship of or affiliation with Content or Third Party Content or the person, company or organization responsible for it creation.
- Use of the Website is governed by the disclaimers, which are incorporated by reference into this agreement.
- Limitations on Liability
Under no circumstances will the Company, its administrators, employees or agents be liable to any customer or third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to lost profits or data arising from your use of the Website and/or any content or Third Party Content.
- No Refund Policy
No refund shall be made unless more than 50% of the items requested are out of stock and a comparable replacement cannot be found within thirty (30) days of notification by you to the Company that the requested item are out of stock.
- Shipping/Fulfillment Policy
Upon registration, you will be given access to a downloadable pdf file containing the design and purchase information for the relevant items.
- Customer Service
The Company shall respond to customer questions and comments from users as soon as practicable, but no later than thirty (30) days from the date of receipt of the inquiry.
- Refusal of Service
The Company reserves the right to refuse, cancel, or suspend service at its sole discretion.
In the event that a chargeback is placed on a purchase, the Company reserves the right to include the incident in the Company’s chargeback database. Being listed in this database may make it difficult or even impossible for you to use your credit card on future purchases with the Company.
You hereby agree to indemnify and hold the Company, its administrators, employees, agents, and affiliates harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including attorney’s fees, arising out of or in connection with any of the Website’s content or Third Party Content, your use of the Website, the terms of this Agreement or any alleged violation thereof. You additionally agree to indemnify and hold the Company, its administrators, employees, agents and affiliates harmless from any against any loss, liability, claim, demand, damages, costs and expenses, including attorney’s fees, arising out of or in connection with any violation of federal, local or state law, or the rights of any Third Party.
- Complete Understanding; No Waiver; Severability
The terms herein constitute the entire Agreement between you and the Company regarding your use of the Website, and supersedes any prior agreements or understandings between you and the Company relating to the use of the Website. The failure of the Company to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. In the case that any provision of this Agreement is held to be invalid, unlawful, void or for any reason unenforceable, that provision shall be deemed severable from the remainder of the terms of this Agreement, and the remainder of this Agreement shall remain valid and in force
- Governing Law and Jurisdiction; Arbitration
Without regard to principles of conflict of laws, any disputes arising between you and the Company, or any of its affiliates, will be resolved in accordance with the laws of the State of New York. If a dispute arises under this Agreement, the parties agree to submit the dispute to a binding arbitration in New York City, New York, conducted on a confidential basis with an arbitrator who is mutually agreed upon by the parties. Any decision or award as a result of arbitration will include the assessment of costs, expenses and reasonable attorney’s fees and a written determination of the arbitrator. Absent an agreement to the contrary, arbitration will be conducted by an arbitrator experienced in technology law. An award of arbitration is final and binding on the parties and may be confirmed in a court of competent jurisdiction. The prevailing party has the right to collect from the other party its reasonable costs and attorneys fees incurred in enforcing this Agreement.