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Terms of Use

TERMS OF USE, NOTICES AND DISCLAIMERS

MIA MARCELLE, website (the “website”) is available to you conditioned upon your acceptance, without modification of the terms, conditions and notices contained herein. Your use of the website constitutes your agreement to all such terms, conditions and notices. Your use of the website and products or services may be subject to additional terms outlined elsewhere on the website and in any other agreement between you and Mia Marcelle.

COPYRIGHT

All content available at the website, such as text, data, graphics, lyrics, logos, button icons, images, audio clips, video clips and/or other content (collectively, “Content”), is the property of Mia Marcelle and/or its affiliates and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this site is the exclusive property of Mia Marcelle and protected by U.S. and international copyright laws. Mia Marcelle reserves the right to remove all Content, from whatever source, at any time, for any reason (including, but not limited to, claims or allegations made by third parties relating to such Content), or for no reason at all. Any and all software used or provided by Mia Marcelle in connection with this site is the property of Mia Marcelle and is protected by U.S. and international copyright laws. The Content and the software may be used only for your personal resource and subject to the terms and conditions set forth herein and any other agreement between you and Mia Marcelle. Any other use, unless otherwise authorized in writing by Mia Marcelle, including the framing, linking to, reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

COPYRIGHT NOTICE

Copyright © 2013 MIA MARCELLE All Rights Reserved.

TRADEMARKS

MIA MARCELLE is a trademark of Meiomi, LLC logos and other such related graphics, logos, and service names are trademarks of the company. Mia Marcelle’s trademarks may not be used in connection with any product or service that is not Mia Marcelle’s; in any manner that is likely to cause confusion among customers or the public; or in any manner that disparages or discredits Mia Marcelle.

RESERVATION OF RIGHTS

Except as expressly and unambiguously provided herein, Mia Marcelle and its affiliates do not grant you any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights.

USE OF SITE

This website or any portion of it may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Mia Marcelle in a writing signed by an executive of the company. Mia Marcelle and its affiliates reserve the right to refuse service, terminate accounts, deny access to the website, and/or cancel orders in its discretion, including, without limitation, if Mia Marcelle believes that customer conduct violates applicable law or is harmful to the interests of Mia Marcelle and its affiliates.

USER AND CUSTOMER SUBMISSIONS

If you provide any testimonial or otherwise transmit or post any content, information, review or comment on the website, you grant Mia Marcelle and sub-licensees a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to fully exploit, make, use, reproduce, modify, adapt, publish, translate, transmit, create derivative works of, distribute, and display such content, information, reviews and comments throughout the world in any media. You also grant Mia Marcelle and sub-licensees the right to use the name that you submit with any content, information, review or comment, if any, in connection with such content, information, review or comment. You warrant, represent and agree that nothing you transmit or post will be infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Mia Marcelle reserves the right to remove anything you transmit or post at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities or if Mia Marcelle is concerned that you may have breached the immediately preceding sentence), or for no reason at all.

WEBSITE USE DISCLAIMER

By using the website and Internet in general, you and your personal information may be subject to various risks, including without limitation: exposure to contaminated files, security breaches, objectionable material and/or images, harassment, fraud, hacking, spamming, eavesdropping, viruses, worms and Trojan horses all of which may have a damaging or harmful effect on your computer. This is not intended to be an exhaustive list of all such risks that you may be exposing yourself to but should you wish not to be subjected to these risks, you are advised not to use the website.

GENERAL DISCLAIMER

THIS SITE IS PROVIDED BY MIA MARCELLE ON AN “AS IS” BASIS. MIA MARCELLE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIA MARCELLE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MIA MARCELLE AND ITS AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THIS SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY

MIA MARCELLE WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION OF COMPANY

You agree to indemnify and hold Mia Marcelle, its subsidiaries, and affiliates, and their officers, members, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or any way connected with (a) your use of the website or reliance on Mia Marcelle, (b) your connection to our website, (c) your violation of this Agreement, or (d) your violation of any rights of another party.

CHANGES TO THE WEBSITE/UPDATES/TERMS

Mia Marcelle may make changes to the website, Content, software, services, or the products provided by Mia Marcelle and/or its affiliates and suppliers, at any time without notice. Mia Marcelle makes no commitment to update Content, software, services or products. Mia Marcelle reserves the right to make changes to its website and these disclaimers, terms, and conditions at any time. Your access or use of the website, Content, software or services subsequent to such a change will signify your asset to be bound by such changes.

APPLICABLE LAW

This website is created and controlled by Mia Marcelle in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

WEBSITE CONTENT AND ORDERS

Mia Marcelle has attempted to display all products on its Website as accurately as possible. The colors as well as the display of the colors, however, may be affected by your monitor and how you view the colors of our products. Mia Marcelle is not responsible for variation in the colors viewed online and those of the actual product. Mia Marcelle cannot guarantee the color, texture or detail of the product but if you are unhappy with the product ordered, you may return the product. Please contact amber@miamarcelle.com for any returns.

Mia Marcelle reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We also reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. For example, in the event a certain product is listed with an incorrect price, Mia Marcelle shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Mia Marcelle will promptly issue a credit to your credit card account in the amount of the incorrect price. Mia Marcelle also reserves the right, at its sole discretion, to limit the quantity of items purchased and to prohibit sales to dealers. The prices displayed on this Website are quoted in U.S. currency and as such are valid only in the United States. Prices are subject to change at any time.

SHIPPING AND RETURNS

If you have any questions regarding the shipping and/or return of Company products that you have purchased, please contact amber@miamarcelle.com.

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