Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
If you don’t agree to these Terms, you are not allowed to access our website. If you continue to use the Website you are responsible to periodically review these Terms as we may change the Terms from time to time.
Copyright © 2015, Philomela, LLC. ALL RIGHTS RESERVED.
This website, and each of its components, is the copyrighted property of Philomela LLC (“Philomela”), and its various third-party providers and distributors. Portions of the content found on this website may be owned by third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Philomela and/or third-party providers and distributors owning such content. In addition, the trademarks, logos and service marks displayed on this website (collectively, the “Trademarks”) are registered and common law trademarks of Philomela, its affiliates, and various third parties. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Philomela or such other party that may own the Trademark.
- USE OF SITE.
You may only use this website to browse the content, make inquiries to Philomela and order Philomela products, not for any other purposes. Please remember that all of the content on our website (the “Content”), including text, photographs, logos, graphics, audio and video clips, and software code, is owned or licensed by Philomela and certain third party providers and distributers, as described in section 1 above, unless otherwise noted. The website and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed except as set forth in section 1 above, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only, provided that you do not modify or delete any copyright, trademark or other legal notice that appears within the Content.
We reserve the right to block anyone’s access to our website at any time.
When you use our website, you agree that you will never use Content for unauthorized purposes; frame our Content or make our Content display next to someone else’s name, logo, trademark, or trade dress; scrape our Content; try to interrupt, delay, or intercept data transmissions from our website, so that others’ ability to access our website is diminished; and use any name or trademark of Philomela in any metatag, hidden text, or other similar technique without our consent.
- LIMITATION OF LIABILITY AND EXCLUSION OF WARRANTY.
THE WEBSITE CONTENT, GOODS AND SERVICES MADE AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PHILOMELA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS THOSE WARENTEES MIGHT OTHERWISE ONLY TO SUCH WEBSITE OR CONTENT, GOODS OR SERVICES. PHILOMELA DOES NOT WARRANT THAT THE SITE IS SECURE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, IS FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR WILL MEET YOUR REQUIREMENTS. ANY MATERIAL DOWNLOADED THROUGH OR FOR THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
Philomela reserves the right to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice.
You agree to indemnify and hold harmless the Philomela Parties (defined above) from and against any and all loss, costs, expenses, and damages, including without limitation attorneys fees, resulting, whether directly or indirectly, from (a) your violation of these Terms; (b) your use of the Website and content, goods and services there from; or (c) any materials that you submit to our website or otherwise make available to Philomela.
“Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to Philomela regarding the products, designs, or services of Philomela. You may have the ability to submit comments, stories, photographs, or other information to our website, or via email or other means, with the intent that it be posted on our website. When you submit anything to us, you give us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, make available, create derivative works from, distribute and display whatever you submit, in any media or format. The material that you submit becomes part of our Content. That doesn’t reduce your rights in the material that you submit, but it lets us protect the things you submit, as the terms above discuss. You retain all copyright ownership in anything that you submit—you are only giving us a license to use it.
Whenever you submit any materials you represent and warrant that:
you have the right to send the materials to us and to grant us the rights listed above;
any comments or information that you submit are accurate and truthful;
you will never submit anything that violates the intellectual property, confidentiality, privacy or other rights of anyone else;
you will never submit any personal information about anyone who is under 13 years old (if a child appears in photographs that you submit, be sure never to submit their name);
you will never submit “spam” that is intended merely to advertise or promote other products or services;
you will never submit material that contains software viruses or other instructions designed to interrupt, destroy or limit the functionality of any computer software or hardware;
you will never submit material that is (in our sole judgment) offensive, obscene, abusive, defamatory, hateful or otherwise discriminatory, false or misleading, or that incites persons to take illegal action or that is intended to intimidate or harass another person; and
you will never attempt to use another person’s account or personal information or otherwise attempt to gain unauthorized access to any part of our website.
If you submit a photograph and provide a credit line, we will include that credit line. But simply adding a credit line does not mean you have permission to let us post the photograph. Make certain that you have permission from the copyright owner before you submit anything to us.
Some features of our website may require registration. By registering, you agree that all information you provide about yourself is true, accurate, current and complete.
Some features of our website may require a password. You are responsible for protecting your password. You agree that you will be responsible for all statements or activity associated with your account and password. If you ever believe there has been an unauthorized use of your password, you must notify us immediately.
We have the right, but not the obligation, to review anything that you submit. We may not post or use materials that you submit, in which case the license that you grant to us above does not apply. We can terminate your right to access our website at any time, for any reason or no reason, and we can delete any or all of the materials that you have submitted to us, without prior notice to you.
- PRODUCT AND SERVICE AVAILABILITY.
Reference to any product or service on the Website does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available or available pursuant to a particular schedule. Philomela manages all or portions of the website from California, in the United States of America. We in no way imply that the materials on the website are appropriate or available for use outside of the United States and we may not be able to fill your order if you require shipping outside of the United States.
Philomela attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
- BACKORDERS (OUT OF STOCK).
Backordered merchandise includes items that are not currently in stock. In most cases, we will make more of these items, but we cannot guarantee that will always be the case.
- PRICES AND AVAILABILITY.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this website does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price.
- ORDER ACCEPTANCE.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. We may require additional verifications or information before accepting any order. The contract for sale of goods between Philomela and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
- TRADEMARK AND COPYRIGHT.
Trademarks, logos and service marks displayed on this Website are registered and unregistered trademarks of Philomela, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this website or in these Terms shall be construed as granting any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission. This website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected, including as a compilation, under the copyright laws of the United States and other countries.
- MISCELLANEOUS TERMS.
If any provision of these Terms is held to be invalid or unenforceable by the final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions, which shall be modified to give effect to the original intent of the parties. These Terms shall be governed by and construed according to the United Stated Copyright Act and the laws of the State of California, exclusive of its choice of law provisions. The parties agree that any disputes or proceedings between them concerning the Website or these Terms shall be brought in a federal or state court of competent jurisdiction sitting in Los Angeles, California and the parties hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver or ongoing waiver of any provision or right. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Philomela as a result of these Terms or your use of our website. These Terms constitute the entire agreement between you and us relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms) between you and us. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to Contact us:
Philomela has implemented reasonable security measures to prevent unauthorized access to personal information that we’ve collected. However, no website and no security measures can fully eliminate security risks or the possibility of data breaches.
We may collect Personally Identifiable Information when you:
Place an order from our catalogs or on our website
Return an item or make an exchange
Inquire about our services
Request product information
Create an account on our website
Participate in a marketing survey, promotion or event either online or offline.
Correspond with us, or
Otherwise volunteer information.
Occasionally, our website collects some non-personal information about you such as your website address and internet server provider using technology that may not make it readily apparent to you that such information is being collected.
At Philomela, we want to provide you with the best possible shopping experience and fulfill your orders exactly as you’ve requested. In order to do this, we use your Personally Identifiable Information to allow us to, among other objectives:
Process and track your order
Provide the services you request
Contact you about the status of an order
Send you catalogs or promotional offers we believe will be of interest to you
Identify your product and service preferences
Customize our communications to you
Provide information concerning product recalls or products you have purchased
Improve our merchandise selection and customer service
We may disclose your Personally Identifiable Information to appropriate third parties in certain circumstances, usually when we are required to do so by law or we believe that such action is necessary:
To comply with legal process such as a search warrant, subpoena or court order;
To protect the company’s rights and property;
To investigate reports of fraud or of users sending material using a false e-mail address or users sending harassing, threatening, or abusive messages;
To protect against misuse or unauthorized use of our website; and
During emergencies, such as when we believe someone’s physical safety is at risk.
We offer choices about the types of information you receive from us. If you prefer not to receive product information or other communications from Philomela or if you prefer to receive them less frequently, please contact us at email@example.com. Please be sure to provide your exact name and address, or the mailing label from your catalog, so that we can be sure to identify you correctly. Because mailings are planned in advance, it may take several weeks for your request to become effective. If, due to human error, you continue to receive unwanted communications, please contact us again and we will make every effort to correct the situation.
Links to other website
Occasionally we provide links on our website to other sites we think you will enjoy. These sites operate independently of Philomela and have established their own privacy and security policies. Philomela does not have any control over the privacy practices of these sites. For the best online experience, we strongly encourage you to review these policies at any website that you visit.
We provide links to third party websites that we believe you will find interesting and useful. We don’t own the third party sites and we do not control what content is on third party sites.
How to Contact us: