TERMS AND CONDITIONS
Welcome to slowianskadusza.com. These terms and conditions apply to the Michaels website located at www.michaels.com and all other sites, services, and tools where these terms and conditions appear or are linked (collectively, the “Site”). As used in these terms and conditions, “slowianskadusza”, “us”, or “we” refers to email@example.com ,and its subsidiaries and affiliates.
The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).
Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. We encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of slowianskadusza or its supplies or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of slowianskadusza and protected by U.K. and international copyright laws. Slowianskadusza and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
LICENSE AND ACCESS
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content 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, creative derivative works from, sell or exploit in any way any of the Contents or the Site.
The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
UNLAWFUL OR PROHIBITED CONDUCT
The Site may only be used for lawful purposes in accordance with the terms of this Agreement. As a condition of your use of this Site, you warrant to Michaels that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Specifically, but without limitation, you may not:
- use the Site to transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable or harasses or advocates harassment of another person or promotes information that you know is false, misleading or promotes illegal activities;
- use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Michaels or generally publicly available browsers;
- make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by this Agreement;
- misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
- upload, post, e-mail or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary right of any party;
- upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
- violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access, (ii) trying to change the behavior of the Site, (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures, (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, flooding, spamming, mailbombing, or crashing, (v) forging any header or part of the header information in any email or posting, or (vi) impersonating the Michaels website or impersonating another user;
- falsify or delete any copyright management information, such as author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of any material included on or uploaded to the Site;
- solicit password or personally identifying information from other users;
- advertise or offer to sell or buy any goods or services for any business purpose;
- modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site, or
- commit any other act that is otherwise inappropriate for the Site, in Michaels sole judgment.
REGISTRATION AND PASSWORDS
You may be required to register with slowianskadusza.com in order to access certain services or areas of the Site. Your use name and password are for your personal use only. We may refuse to grant to you the user name you request. If you register an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
We reserve the right, without notice and in our sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site if you violate this Agreement, for any reason, or for no reason. Upon any such termination, your right to use the Site will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of this Agreement that are intended to survive termination, , all limitations of liability, and all indemnities shall survive such termination.
If you wish to purchase any product or service made available through the Site (each purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Michaels the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. You remain responsible for any taxes that may be applicable to your Transactions.
PRODUCTS AND SERVICES OFFERED
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available.
Slowianskadusza may modify or discontinue any part of the Site; charge, modify, or waive fees required to use the Site; or offer opportunities to some or all Site users. Slowianskadusza reserves the right to make changes to this Agreement at any time, and such changes will be effective immediately upon being posted to the Site. Your continued use of the Site will indicate your acceptance of the current Agreement.
USER SUBMITTED CONTENT
Michaels welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site (“User Content”) as long as the User Content submitted by you complies with this Agreement.
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of spam, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and slowianskadusza assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to slowianskadusza a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Michaels the right to include the name provided along with the User Content submitted by you; provided, however, Michaels shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. slowianskadusza neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Slowianskadusza will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Slowianskadusza.
Slowianskadusza strives to display as accurately as possible the colors of the products shown on the Site; however, Slowianskadusza cannot and does not guarantee that your monitor’s display of any color will be accurate.
AVAILABILITY, ERRORS, AND INACCURACIES
If an item is out of stock, Michaels may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Michaels, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.
Slowianskadusza acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Slowianskadusza makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Slowianskadusza reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
RISK OF LOSS
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
The Site is controlled and operated by slowianskadusza from the United Kingdom, and is not intended to subject slowianskadusza to the laws or jurisdiction of any state, country or territory other than that of the United Kingdom. Slowianskadusza does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MICHAELS OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF SLOWIANSKADUSZA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND SLOWIANSKADUSZA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SLOWIANSKADUSZA. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT YOU ARE VOLUNTARILY USING THIS WEBSITE AND ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE. THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) WHICH MAY OCCUR AS A RESULT OF YOUR USE OF THIS WEBSITE. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE MICHAELS, AND ALL AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE AND YOU AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST MICHAELS FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY. THIS RELEASE IS ALSO FOR NEGLIGENCE ON THE PART OF MICHAELS AND ITS AGENTS AND EMPLOYEES.
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH A PRODUCT THAT YOU PURCHASED OR OTHERWISE AVAILABLE ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE PRODUCT.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless slowianskadusza and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions..
NOTICES AND ELECTRONIC COMMUNICATIONS
Except as explicitly stated otherwise, any notices you send to slowianskadusza shall be sent by mail to slowianskadusza Customer Care on firstname.lastname@example.org. In the case of notices slowianskadusza sends to you, you consent to receive notices and other communications by slowianskadusza posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Slowianskadusza provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Michaels with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about Slowianskadusza or your use of the Site, please contact us with a detailed description, and we will try to resolve it.