Términos de servicio

 

The following terms and conditions are a legal agreement between you and Piece.of.Mind, llc (“Makastia,” “we,” or “us”).  We operate the pofmjewelry.com website (the “Site”).  These terms of use (“Terms”) govern your use of the Site, both as a visitor and as a subscriber. We encourage you to periodically review these terms and conditions. Your continued use of the service constitutes your agreement to these terms and conditions and any updates.

 

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY USING THE SITE, USING ITS CONTENT, AND/OR BY SUBSCRIBING TO DIRECT MARKETING, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE; the Site and its Content are provided “AS IS” and without warranties; all disputes relating to this Agreement shall be resolved either in the U.S. District Court for the Southern District of Florida or the Circuit Court for the Seventeenth Judicial Circuit in Broward County, Florida; and you waive all objections to personal jurisdiction and venue in such courts.

 

  1. Site Content.  “Content” means Piece.of.Mind-provided text, images, graphics, video, sounds, music, trademarks, links, software, their selection and arrangement, and their look and feel on the Site or in any marketing materials sent by Piece.of.Mind to you.
  2. The Site.  The Terms describe the rules, terms, and conditions for visiting the Site, viewing the Content, and subscribing to direct marketing.
  3. Subscription to Direct Marketing.  If you send us your contact information, you agree that Piece.of.Mind may send you periodic marketing materials.
  4. No Commercial Use.  The Site and Content are for your own personal, non-commercial purposes only.  You must maintain and not remove or alter any notices of copyright, trademark or service mark rights or other proprietary notices.
  5. Prohibited Conduct.  You must not: 

    1. Harvest or collect Content for the purpose of posting or publishing it elsewhere;
    2. Use, copy, reproduce, distribute, transmit, display, modify, create derivative works, or republish the Site or Content to provide services or for commercial purposes;
    3. Sell, rent, lease, sublicense, or transfer the Site or Content to others;
    4. Use or reproduce any trademarks on the website that are owned or licensed by Piece.of.Mind;
    5. Violate any applicable law by your conduct on the Site;
    6. Engage in conduct on the Site or using the Content constituting a breach of, or threat to, the security of the Site, including but not limited to any electronic information containing software designed to damage or disrupt a system, such as a virus, worm, or Trojan Horse; or
    7. Engage in conduct that Piece.of.Mind believes, in its sole judgment and discretion, inhibits or limits another user’s use or enjoyment of the Site or Content.

  6. Intellectual Property Rights. “Intellectual Property Rights” means all forms of intellectual property rights and protections, now known or hereafter established, that may be obtained for, or may protect, Content, the Site, or other technology, which includes, but is not limited to, all right, title, and interest in U.S. and foreign patents and patent applications, trade secret and nondisclosure rights, copyrights, and trademarks, service marks, trade names, product names, and brand names.  The Site and Content are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Piece.of.Mind owns all right, title, and interest in and to the Site and Content and any and Intellectual Property Rights in and to the Site and Content shall remain the sole and exclusive property of Piece.of.Mind and its licensors.  All rights are reserved by Piece.of.Mind.
  7. Feedback.  We appreciate when you communicate with us to provide feedback regarding Piece.of.Mind products (collectively, “Feedback”).  However, your Feedback shall be considered non-confidential and non-proprietary.  By providing Feedback submissions to Piece.of.Mind, you hereby grant Piece.of.Mind, at no charge, a worldwide, royalty-free, and irrevocable license to the Feedback and any Intellectual Property Rights associated therewith. Piece.of.Mind shall be free to use and/or disseminate such Feedback on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Feedback that you provide Piece.of.Mind, including its legality, reliability, appropriateness, originality, and content. 
  8. General Disclaimer.  YOU ACKNOWLEDGE THAT YOUR USE OF THE CONTENT AND THE SITE ARE AT YOUR OWN SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT.  THE SITE AND THE CONENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIECE.OF.MIND AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  YOU ARE RESPONSIBLE FOR DETERMINING THAT THE SITE AND CONTENT MEET YOUR REQUIREMENTS AND NEEDS, AND PIECE.OF.MIND DISCLAIMS ANY SUCH RESPONSIBILITY.  PIECE.OF.MIND MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE INFORMATION IN THE CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE CONTENT OR THE SITE WILL BE CORRECTED.  SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
  9. LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES WHATSOEVER SHALL PIECE.OF.MIND OR ITS LICENSORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, OR THE COST OF PROCURING CONTENT, EVEN IF PIECE.OF.MIND OR ONE OF ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.  IN NO EVENT SHALL PIECE.OF.MIND’S LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, THIS AGREEMENT, THE SITE, OR THE CONTENT, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE, EXCEED $100.  THE FOREGOING LIMITATIONS AND EXCLUSIONS OF DAMAGES SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
  10. Violations.  If you violate these Terms, if you cause harm to others in using the Site or Content, or otherwise cause harm by your acts or omissions, you agree to hold Piece.of.Mind harmless for the damages you cause and any liability for the harm.
  11. Notices All notices and communications required or permitted under this Agreement shall be in writing and sent in accordance with this Section.  We may send you a notice via email or a general notification on the website.  You may send us notices at the following address:

 

 

  1. Miscellaneous.  This Agreement is the entire agreement and understanding between you and Piece.of.Mind and supersedes all prior agreements, whether oral or written, between the parties with respect to the use of the Site or Content.  No amendment, modification, or waiver of any provision of this Agreement shall be effective unless it is in writing and signed by each party.  The unenforceability of any provision or provisions of this Agreement shall not render unenforceable or impair its remainder.  If any provision of this Agreement is deemed invalid or unenforceable in whole or in part, this Agreement shall be deemed amended to delete or modify, as necessary, the offending provision to render it valid, enforceable, and, insofar as possible, consistent with the original intent of the parties.  This Agreement shall be governed by the internal laws of the State of Florida exclusive of its conflicts-of-law principles.