These Terms of Use (the "Terms") apply to your access to and use of our website www.en.pigment-shop.com (collectively referred to as "Sites").
Use of and access to websites
The sites and all their content are designed to promote our products and services.
We reserve the right at any time, at our sole discretion, to modify, suspend or terminate the operation of the Sites or any services, content, features or products offered through the Sites, with or without notice for any reason. You agree that we are not responsible to you for any changes, suspension or termination of the Sites or any services, content, features or products offered through the Sites.
YOUR USE OF THE SITES MEANS YOUR AGREEMENT TO COMPLY WITH THE TERMS. WE EXPRESSLY RESERVE THE RIGHT TO CHANGE THE TERMS AT ANY TIME WITHOUT PRIOR NOTICE BY POSTING AN UPDATED VERSION OF THE TERMS ON THE SITES. THEREFORE, YOU SHOULD READ THE TERMS AND CONDITIONS WHEN USING THE SITES. YOUR CONTINUED USE OF THE SITES MEANS YOUR ACCEPTANCE OF THE CURRENT TERMS AND CONDITIONS PUBLISHED DURING YOUR VISIT.
DO NOT USE OUR SITES IF YOU DO NOT AGREE TO THE TERMS.
Prohibited use
You may not use the Sites for any illegal purposes or in violation of any provisions of applicable federal, state and local laws or these Terms.
You can not :
Post any material that is obscene, defamatory or defamatory, constitutes an illegal threat, violates the rights to privacy or publicity, or violates the intellectual property rights of any third party;
Use any device, software or other means to interfere with or attempt to interfere with the normal operation of our sites;
take any actions that create an unreasonable or disproportionately large load on our infrastructure;
Introduce any viruses, Trojan horses, worms, logic bombs or other malicious or technologically dangerous materials;
Attempt to gain unauthorized access, interfere with, damage or disrupt the operation of any parts of the Sites, servers on which the Sites are stored or hosted, or any server, computer or database connected to the Sites ;
Attack sites with a denial of service attack or a distributed denial of service attack;
Use any robot, spider or other automated device, process or means to access the Sites for any purpose, including monitoring or copying any materials on the Sites.
If we receive notification of allegedly defamatory, damaging, illegal or offensive content posted or provided by a user, we may investigate this allegation and, at our sole discretion, decide whether to modify or remove such content from the Sites.
If we determine, in our sole and absolute discretion, that you have violated any provision of these Terms or any applicable law, we may terminate, restrict or modify all or part of your access, availability times and necessary hardware and software to use the Sites at any time.
We may disclose any content or electronic communication from you: (i) in accordance with any law, regulation or government request; (ii) if such disclosure is necessary or appropriate for the operation of the Sites; or (iii) to protect our rights or property or the rights of our customers, other users of third-party Sites or services suppliers.
Intellectual property rights
All names, logos, product and service names, designs and slogans are trademarks of NE Pigs or its subsidiaries or third-party licensors. You must not use such marks without our prior written permission.
The Sites and all content accessed through or on the Sites, including, but not limited to, text, information, software, images, videos, logos, designs and graphics (collectively, the "Materials"), belong to us or our affiliates or licensors. . The materials are protected by copyrights, trademarks, trade secrets and other intellectual property laws and agreements. The Terms allow you to use the Sites only for personal purposes.
You can not:
Distribute, transmit, forward, copy, upload, unload, publish, display, perform, modify or otherwise create derivative works based on any materials without our prior written consent ;
Decompile, reconstruct or disassemble the program code or program materials; or
Remove any copyright notices or other proprietary notices from the Materials.
Any use of the Sites not expressly permitted by these Terms is a violation of these Terms and may also violate copyrights, trademarks and other laws.
Copyright infringement
We respect the intellectual property of others. If you believe that any materials posted or available on the Sites violate your copyrights, you can request the removal of these materials (or access to them) from the Sites by sending us a written notification by email [email protected]
According to the Digital Millennium Copyright Act (17 USC § 512) (DMCA) the Internet Copyright Infringement Restriction Act (DMCA), a written notice must contain basically the following :
your physical or electronic signature;
identification of a copyrighted work that, in your opinion, has been violated;
identifying materials on our sites that you believe infringe copyrights in a way that is accurate enough for us to find this material;
your contact information, including your name, mailing address, phone number and, if available, email address;
a statement that you believe in good faith that the use of copyrighted materials is not authorized by the copyright owner, his agent or the law;
a statement that the information in the notice is accurate; and
a statement under penalty of perjury that you are the copyright owner or authorized to act on behalf of the copyright owner.
If you do not comply with all these requirements, your notification may be invalid. If you knowingly misrepresent that the materials on the Sites infringe copyrights, you may be held liable for damages, including costs and attorneys' fees, in accordance with Section 512(f) of the DMCA.
User reviews and other materials
The Sites may contain product reviews, comment boards, bulletin boards, chat rooms, forums, bulletin boards and other interactive features that allow users to post, publish, display or transmit to other users or other persons content or materials (collectively referred to as "User Contributions") on or through the Sites. All user materials must comply with the content standards set out in these Terms and Conditions (below).
Any user contribution that you post or submit through our sites will be considered non-confidential and non-proprietary. By posting a review or comment or making any contribution to the Sites, you expressly grant us an irrevocable, gratuitous, transferable right and license to use, copy, modify, completely delete, adapt, publish, translate, create derivative works and/or sell and/or distribute your user contribution.
By posting or submitting a user contribution, you represent and warrant that:
You are at least 18 years old.
Your user contribution complies with these Terms and Conditions, including the content standards set out below.
You are the sole author and owner of any content, including any intellectual property rights to any content that you include in a user contribution.
You do not receive compensation and do not receive any remuneration from a third party for your user contribution.
You understand and acknowledge that you are responsible for any user content that you post, submit or contribute, and you, not us, are solely responsible for such content, including its legality, reliability, accuracy and appropriateness.
We have the right:
Delete or refuse to publish any user materials for any reason or without it at our sole discretion;
Take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion;
Disclose your identity or other information about you to any third party who claims that the materials posted by you violate their rights, including their intellectual property rights or their right to privacy ;
Take appropriate legal actions, including reporting to law enforcement agencies about any suspicions of illegal or unauthorized use of the Sites ;
Terminate or suspend your access to all or part of the sites for any reason, including any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement agencies or court order requiring or ordering us to disclose the identity or other information of any person posting any materials on or through the Sites.
We do not undertake to review all user materials before they are posted on the Sites. Accordingly, we do not bear any responsibility to anyone in relation to transmissions, messages or content provided by any user or third party.
You agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, employees, and third-party service providers) harmless from any claims, demands, and damages of any kind and nature, including reasonable attorneys' fees, arising out of a violation of your representations and warranties set forth above or your violation of any the law or the rights of a third party in connection with your user contribution.
Content standards
These content standards apply to all user contributions without exception. User submissions must comply with all applicable federal laws and regulations, state laws, and local communities. Without limiting the foregoing, user contributions should not:
Give the impression that they come from us or are approved by us;
Impersonate any person or misrepresent their identity or affiliation to any person or organization;
Contain any material that is defamatory, obscene, indecently offensive, threatening, harassing, violent, hateful or inflammatory;
Promote sexually explicit or pornographic materials, violence or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
Violate any patent, trademark, trade secret, copyright, right to publicity, right to privacy or other intellectual property or other rights of any other person;
Contain content that is false, inaccurate, misleading or otherwise likely to mislead anyone;
Encourage any illegal activity or promote, promote or assist any illegal act; or
Related to commercial activities or sales, such as contests, prize draws and other promotions, barter or advertising.
Enter any address, email address or phone numbers.
Contain any computer viruses, worms or other potentially dangerous computer programs or files.
Links to social media sites and functions
You may link to our sites provided that you do so in an honest and legal way and do not damage our reputation or use it to your advantage, but you must not establish a link in such a way as to imply any form of association, approval or self-affirmation on our part.
Sites may provide certain social media features that allow you to:
Links from your own or certain third-party websites to certain content on the sites;
Send emails or other messages with certain content or links to certain content on websites;
Cause the display of limited parts of content on websites or create the appearance of display on your own or certain third-party websites.
You may use these features solely as provided by us and otherwise in accordance with any additional terms and conditions that we provide with respect to such features. You should not:
Install a link to any of our sites from any website that does not belong to you or is not legally operated by you;
Make sites or parts of them appear on any other site or appear to be displayed using any other site (for example, by creating a frame, deep link, or embedded link);
Otherwise, take any action with respect to the materials on the Sites that are incompatible with any other provision of these Terms.
You agree to cooperate with us in the immediate termination of any unauthorized framing or links. We reserve the right to revoke permission to post links without prior notice.
We may disable all or any social media features and any links at any time without prior notice at our sole discretion.
Online shopping
All purchases made through our sites are governed by these Terms, our Terms of Sale, our Privacy Policy and any additional terms that apply to your specific purchases. Please be sure to read all additional terms and conditions before making any purchases through the Sites.
Safety
We ensure the security of the information that you provide to us or that we collect through physical, electronic and managerial measures. In addition to other security measures, we use industry-standard SSL encryption on all web pages where personal information is required or may be provided to us. To make purchases on any of our sites, you must use an SSL-enabled browser such as Internet Explorer, Google Chrome or Mozilla Firefox.
The safety of your information also depends on you. Please be careful when you are online to protect your personal data. Change your passwords regularly, don't share passwords, and use a combination of letters, numbers, and special characters for your passwords. Always make sure you are using a secure browser when you are online.
Unfortunately, the transmission of information over the Internet is not completely secure. Although we take reasonable steps to protect your information, we cannot guarantee the security of your information transmitted through our sites. Any transfer of information is carried out at your own risk.
If you choose or are provided with a username, password, or any other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other individual or entity. You also acknowledge that your account is your personal account and agree not to grant any other person access to the Sites or parts thereof using your username, password or other security information. You should take extra care when accessing your account from a public computer so that others cannot view or record your password or other personal information.
You agree to notify us immediately of any unauthorized access or use of your username or password or any other security breach.
We have the right to disable any username, password or other identifier chosen by you or provided by us at any time at our sole discretion if, in our opinion, you have violated any provision of these Terms or we believe that such action is appropriate to ensure the security of the Sites or your account, or for eliminate any alleged incidents or security breaches.
Privacy
Our collection of information through the Sites and our use and/or exchange of such information are described in more detail in our Privacy Policy. By using the Sites, you agree to our Privacy Policy.
Dependence on the content of sites
The information provided on or through the Sites is provided solely for general information purposes. We do not guarantee the accuracy, completeness or usefulness of this information. We may update the content on the Sites from time to time, but their content is not necessarily always complete or up-to-date. Any material on the Sites may become outdated at any time, and we have no obligation to update such material. Any trust you place in such information is solely at your own risk. We disclaim any liability arising from any reliance on such materials on the part of you or any other visitor to the Sites, or any person who may be informed about the content of any of the Sites.
Sites may provide chat rooms, bulletin boards, and other means to allow the public to provide information and make statements. We do not endorse these statements and do not represent or confirm that the statements are true and accurate. You should be careful when acting on the information provided by the participants of these public zones. We disclaim any liability arising from any reliance on such information or statements by you or any other visitor to the Sites.
Links to third-party websites
The sites contain links to third-party sites. These links are provided for your convenience, and third-party websites are not under our control. We make no representations or warranties, express or implied, regarding the content of any of these linked sites. The links do not constitute or imply endorsement, authorization, sponsorship or affiliation on our part with respect to any third party, any third party website, any third party website content, or any products or services provided by a third party. We do not assume any obligations or responsibility for any third-party websites to which links are provided. Please keep in mind that when you visit a linked website, you are subject to the privacy policy and terms of use of the linked website, and you should read these policies carefully. Please exercise caution before sharing or sending any information to anyone over the internet.
Disclaimer of warranties and limitation of liability
The Sites, their functions and content are provided “as is”, without any express or implied warranties of any kind. We cannot and do not guarantee that: (1) all information that you transmit or send through the Sites will be completely protected and it will be impossible to access, modify, delete; or (2) the sites, their contents or functions will be free from errors, viruses, bugs or other harmful components.
You are responsible for implementing sufficient procedures and checkpoints to meet your specific requirements for antivirus protection and accuracy of data input and output, as well as for maintaining external means to our sites for any recovery of any lost data.
YOU USE THE SITES, THEIR CONTENTS AND ANY FUNCTIONS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE ABOVE DOES NOT AFFECT ANY GUARANTEES THAT CANNOT BE EXCLUDED OR LIMITED IN ACCORDANCE WITH APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INJURY, LOSS, CLAIM OR DAMAGE, INCLUDING ANY INDIRECT, SPECIAL, ACCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, LOSS OF BUSINESS REPUTATION, LOSS OF DATA, TERMINATION OF WORK, ACCURACY OF RESULTS OR COMPUTER FAILURE) ARISING FROM OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITES, WHETHER BASED ON CONTRACT, STRICT LIABILITY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING THE FOREGOING, YOUR STATE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Compensation
You agree to defend, indemnify and hold us and our employees, officers and directors harmless from any claims, losses, costs and expenses, including reasonable attorneys' fees, arising from your violation of these Terms and/or your activities in connection with the Sites. We can participate in the defense of any claim. You must not settle any claim that affects us without our prior written consent.
Rejection of a class action
WHERE PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR PERSONAL CAPACITY, AND NOT AS A PLAINTIFF OR A GROUP MEMBER IN ANY ALLEGED CLASS OR REPRESENTATIVE ACTION. If neither you nor we agree, no court may combine the claims of more than one person or otherwise preside over any form of representative or collective proceedings.
Contact information
If you have any questions or concerns about the sites or these Terms, please contact us at: [email protected] .
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