Terms of Service
1. Acceptance of Terms
2. Registration, User Account, Password and Security
2.1. In order to use the services offered in the Website, including purchase of Products, accessing our content etc., you will be asked to provide during the registration and account signup process truthful, accurate, and current information about yourself (including your email address) (the “Registration Data”). You are responsible to maintain and update your Registration Data so that it remains at all times accurate, current and complete.
2.2. As part of the account set-up and registration process, you will be asked to choose a username and a password, or to log in via Facebook or other platforms which we may offer. You will be responsible for maintaining the confidentiality of your user name and password, and you agree not disclose or transfer your user name or password to the Website to any third party. You are responsible for any activities that occur through your account. You agree to immediately notify us of any unauthorized use of your user name, password or account or any other breach of security you suspect, and to simultaneously reset your password.
2.3. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
2.5. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. Rules of Conduct
3.1. We try to provide information as accurate and as up to date as possible on the Website. However, due to (i) errors; (ii) the existence of natural and different stones in each of our Products; (iii) our wish to accurately show features of all Products; and (iv) screen defaults and photography techniques, there may be differences between the Product that you purchase and the products as they appear on our Website. You may not relay on any information or pictures which we provide on the Website, and any such reliance is at your own risk. We provide no warranty with respect to the information appearing on our Website, and other than the right to return a Product in accordance with our Return Policy as detailed below, you will not have any rights in case you are not satisfied with a Product which you purchased other than the right to return it, up to 30 days from purchase, with free shipping.
3.2. We reserve the right to modify the content of the Website (including prices, specifications, warranties, and terms) at any time, and we will have no obligation to update you in advance of any such change. If prior to your receipt of a Product, an error on our Website is discovered, we will inform you of such error, and you will be given an option to cancel your order or reaffirm it.
3.3. You may not use the Website for any illegal or unauthorized purpose, nor violate any applicable laws (including, but not limited to, copyright and privacy laws). You are solely responsible for any and all activities that relate to your account. Without derogating of the above, you may not use the Website in connection with any content that is illegal (in any applicable jurisdiction), or may infringe or promote the infringement of any copyright, patent, trademark, service mark, trade secret, moral right, or other intellectual or proprietary right of any party. We may terminate your access to and use of the Website immediately if you fail to comply with the above rules.
4. Intellectual Property Policy
4.1. Our Intellectual Property Rights
4.1.1.The Website, all of the intellectual property rights in the Website and in any of the Products including photos, images, designs, text, names, logos and icons are, and shall remain, our exclusive property and the company is the owner of all copyright, trademark, patent, design, trade secret and/or other intellectual property or proprietary rights related thereto All rights in and to the Website and the Products are hereby expressly reserved and retained by us without restriction, including, without limitation, our right to sole ownership of the Website and documentation, text, logos, trademarks, patents, designs, copyrights and trade secrets and the company owns pending and/or registered trademark, copyright, design and patent rights in the Website and/or the Products.
4.1.2.“Talia Luxury”, the Company’s logo, the brand of TALIA, the taglines, including YOU MADE IT and BEAUTY OF INDIVIDUALITY, and other graphics, logos, and service names are trade-names and trademarks of the Company. Such trademarks may not be used in connection with any product or service that is not our product, or in any manner that disparages or discredits the Company.
4.1.3.You agree not to (and not to allow any third party to): (a) use the trademarks, trade names, service marks, logos, domain names and other proprietary rights associated with the Website for any purpose without our express written consent; (b) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other proprietary rights associated with the Company; or (c) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Website.
4.1.4.Any ideas, requests, feedbacks, recommendations, error and bug reports, comments, concepts, additional features and other requests or suggestions (collectively “Ideas”) that you may provide us will be owned by us. You hereby irrevocably assign and transfer any intellectual property rights in such Ideas to us, free of charge. You agree that the same will automatically become our property and that we shall be entitled to use, exploit, implement, adapt, develop, copy, reproduce, publish, license or assign the rights to such materials and Ideas without any obligation to make any royalty or other payment to you, and without any obligation of credit or notice to you. If you intend to retain any intellectual property rights in your Ideas please do not submit them to us without our prior written approval.
4.2. Your Content
5. Term and Termination; Consequences of Termination
5.1. We may close the Website at any time without providing any prior written notice. Any violation of these Terms of Service may result, inter alia, in termination of your ability to access and use the Website. If you default in the performance of any of your obligations under these Terms of Service we may immediately, without derogating from any other rights we may have under these Terms of Service and/or any applicable law, deactivate or suspend your account and/or your access to and use of the Website or any portion thereof and/or terminate these Terms of Service. We have no obligation to supply you with a notice about such suspension or the reason for such suspension. We shall not be liable to you or to any third-party for any termination of your access to the Website.
5.2. The expiration or termination of these Terms shall not relieve you of any obligation intended to survive under these Terms.
Payment for Products are due prior to shipment thereof. Payment for Products purchased through the Website will be made by a third party clearing system. By using such third party clearing system you hereby acknowledge that we have no control over such sites and resources, and you agree that we shall not be responsible for the availability of such third party clearing system, nor shall we be responsible or liable for any services provided by such third party clearing system. When you access the third party clearing system you do so at your own risk, and you should refer to each such website’s individual “terms of service” and not rely on these Terms of Service in anyway.
7. Return and Cancellation Policy
7.1. You may cancel any order of Products you perform from the Website within 30 days from submission of such order. Upon cancellation of an order we will refund any payments already made for the purchased Products. Please note that we preserve the right to charge you for any shipping costs that may be accrued by us as a result of such cancellation.
7.2. In the event that you wish to return a product to the company, you may do so according to the Return Policy which is incorporated herein by reference.
8. Delivery and Reservation of Title
Products ordered form the Website will be delivered according to the time schedule and shipment terms detailed in the Website. Title for the Products will remain ours until full payment has been received.
9. Product Warranty
Warranty for Products purchased through the Website will be granted according to our Warranty Policy which is incorporated herein by reference.
You hereby agree to indemnify, defend and hold us, and our directors, owners, investors, shareholders, officers, employees, consultants, attorneys, agents and other representatives, harmless from and against any and all third party claims (including related judgments, awards, liabilities, damages, losses, costs and expenses) (including reasonable attorneys’ fees) and other expenses that are based on or arise directly or indirectly out of or from (a) your breach of these Terms of Service; (b) any misuse of your account by you and any third party on your behalf, (c) any breach of your representations and warranties set forth herein.
11. Disclaimer of Warranties
11.1. YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND THE SERVICES WE PROVIDE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SERVICE PROVIDERS, AGENTS, AND SUB-CONTRACTORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
11.2. WE, OUR SERVICE PROVIDERS, AGENTS AND SUB-CONTRACTORS DO NOT WARRANT THAT: (A) THE WEBSITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED; OR (C) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
11.3. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS OF SERVICE AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS SOLD IN THE WEBSITE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
12. Limitation of Liability
12.1. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS OR OTHER INTANGIBLE LOSSES), UNDER ANY THEORY OF LAW INCLUDING UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, BREACH OF ANY STATUTORY DUTY, OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE). Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
12.2. YOU FURTHER AGREE THAT WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH LOSS OF DATA, ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, COMMUNICATIONS LINE FAILURE, FILE CORRUPTION, OR USE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF EITHER US OR OUR SUB-CONTRACTORS AND SERVICE PROVIDERS, ALL IN IRRESPECTIVE OF THE THEORY UPON WHICH ANY CLAIM MAY BE BASED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE SUM OF US$25.
13. Links to Other Resources
We may provide hyperlinks to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we shall not be responsible for the availability of such sites or resources, nor shall we be responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. When you access these third-party sites you do so at your own risk, and you should refer to each such website’s individual “terms of service” and not rely on these Terms of Service in anyway.
14.1. No waiver by Company of any default shall be deemed a waiver of any prior or subsequent default of the same or other provisions of these Terms, nor shall any delay or omission on the part of Company to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms of Service. We may freely assign our rights and responsibilities hereunder without notice to you. These Terms of Service are not assignable, transferable or sublicense able by you except with our prior written consent.
14.2. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
14.3. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
14.4. These Terms of Service constitute the entire understanding between you and us, and revoke and supersede all prior agreements between us, and are intended as a final expression of our agreement. These Terms of Service shall take precedence over any other documents that may be in conflict therewith. Any heading, caption or section title contained in these Terms of Service is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right at any time to modify these Terms of Service. Any such modification will be effective immediately upon posting the amended Terms of Service on our website. Your continued use of the Website after the posting the amended Terms of Service on our website, will be deemed acceptance of such modified Terms of Service.
14.5. These Terms of Service shall be construed in accordance with and governed for all purposes by the substantive laws of the New York without regard to its conflicts of law provisions. You agree that any claim or dispute you may have against the Company and its affiliates, directors, officers, employees and representatives must be resolved solely and exclusively by a court located in New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
14.6. Any notice regarding these Terms of Service should be sent to email@example.com