Introduction
Welcome to our website, minoval.shop (the “Website”). This Website is owned and operated by Minoval (“Minoval”, “we” or “us”). These Terms and Conditions (the “Terms”) govern your access to and use of our Website and our online store, products, services, applications, tools and information we provide on or in connection with the Website (collectively, the “Services”).
Please read these Terms carefully before using the Website or Services. By accessing the Website or using any Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Website or Services. If you have any questions about these Terms, please contact us before using the Website or Services.
These Terms constitute a legal agreement between you and Minoval. We may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on the Website. By accessing the Website and using the Services following such modifications, you agree to be bound by the modified Terms.
Use of Website and Services
Eligibility: You must be at least 18 years of age to access or use the Website or Services. If you are under 18, you may only use the Website or Services with the involvement and consent of a parent or legal guardian. If you do not qualify, please do not use the Website or Services.
Website Access and Use: Subject to your compliance with these Terms, Minoval grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Website and Services solely in the manner permitted by these Terms.
Service Access and Use: Subject to your compliance with these Terms, Minoval grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services solely in the manner permitted by these Terms.
Restrictions: You agree not to access or use the Website or Services to:
- Post, distribute, or otherwise make available any harmful, infringing, infringing, defamatory, illegal, or unlawful material;
- Post or distribute any material constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability;
- Post or make available unauthorized advertising or promotional materials or any junk mail, spam, or chain letters;
- Impersonate or misrepresent your affiliation with any person or entity;
- Post or transmit any unlawful, fraudulent, malicious, obscene, pornographic, libelous, threatening, intimidating, racially or ethnically offensive, or otherwise objectionable material of any kind;
- Post or make available any material containing viruses or other computer code, files or programs designed to harm, interfere or limit Website or Network functionality or access;
- Use automated means to access the Website or Services, or gain unauthorized access to Minoval systems;
- Post or make available any material that you do not have a right to make available under law or contractual relationships;
- Use or access the Website or Services in violation of applicable law or third party rights;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble all or any portion of the Website, Services, or software used in connection with the Services;
- “Frame” or “mirror” any part of the Website or Services without our prior written authorization;
- Use meta tags or code or other devices containing any reference to Minoval to direct any person to any other website for any purpose;
- Use the Services in order to design, modify, adapt, reproduce, distribute, sell, display, perform, publish or otherwise exploit the Services for any commercial purposes except as expressly authorized by Minoval;
- Systematically extract, collect or harvest any data or content from the Website or Services to create or compile a database, directory or the like;
- Attempt to gain unauthorized access to user accounts or passwords;
- Disrupt, interfere or otherwise adversely affect the normal flow of communication in the Website or Services, or otherwise act in a manner that negatively affects other users’ ability to engage in discussions or exchanges;
- Dilute or harm the reputation of the Website or Services;
- Post, distribute or otherwise make available any user information or private communications without that user’s prior written consent; or
- Violate the rights of Minoval, including any intellectual property rights.
Registration: You may need to register with Minoval in order to access certain Services. You agree to provide accurate and complete information when registering an account. You are solely responsible for any activity occurring in your account, and you must keep your account password secure. You must notify Minoval immediately of any unauthorized use of your account.
Ownership: The Website and Services are owned and operated by Minoval. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and documentation provided by Minoval (collectively, the “Materials”) are all subject to copyright, trademark and other intellectual property protection. All Materials may only be used in the manner expressly permitted by Minoval. Except as stated in these Terms, none of the Materials may be copied, reproduced, distributed, republished, downloaded, performed, posted, transmitted, sold, or made into derivative works in any form or by any means without the prior written authorization of Minoval. You do not acquire any ownership interest in any Materials under these Terms. Any rights not expressly granted herein are reserved. “Minoval”, the Minoval logo, and any other product or service names, logos, slogans that may appear on the Website or Services are trademarks of Minoval and may not be copied, imitated or used in whole or in part without our prior written permission. You may not use any trademark, product or service name of Minoval without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark of Minoval.
Third Party Content: The Website and Services may contain links to websites, resources and services provided by third parties. We may also integrate third party materials and services into the Website or Services. These third party sites, materials and services are not under Minoval’s control. We provide such third party content only as a convenience and are not responsible for any third party content. Under no circumstances will we be liable in any way for or in connection with any third party content. You access and use third party sites, materials and services at your own risk.
Termination: We reserve the right to terminate your access to and use of the Website and Services, at our sole discretion, at any time and without notice to you. You may cancel your Minoval account and terminate these Terms by contacting us. Upon any termination, discontinuation or cancellation of your access to or use of the Website or Services, all provisions of these Terms which by their nature should survive will survive, including ownership provisions, warranty disclaimers, limitations of liability, and arbitration provisions.
Products and Sales
Product Description: We strive to describe our products offered on our Website and Services accurately. However, we do not warrant that product descriptions, sizes, prices or other content on the Website or Services is complete, reliable, current or accurate.
Product Pricing: All prices posted on the Website or through the Services are subject to change without notice. Prices prevailing at commencement of placing an order will apply. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Order Acceptance and Cancellation: You agree that your order is an offer to buy, under these Terms. All orders must be accepted by us or we will not be obligated to sell the product or service to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order details and information on estimated delivery time (“Order Confirmation”). The receipt of an Order Confirmation does not constitute acceptance of your order. We reserve the right to cancel any orders at any time, even after we have sent an Order Confirmation. We have no obligation to sell any products or services to you until the actual shipment to you of the ordered products.
Payments: All payments must be made in full before we will ship your products. We accept various payment methods, which may change from time to time. You authorize us to charge the payment method selected by you and to charge your credit card or other selected payment method for any products purchased. For certain payment methods we may require additional information, such as your billing address or phone number. We will treat and handle all payments and payment information according to our Privacy Policy.
Shipping and Delivery: We strive to ship products within the timeframe set out in our shipping procedures. However, certain delays may occur during the shipping process. We will not be liable for any delays caused by shipping carriers. Nor will we be liable for any errors by shipping carriers, including address mistakes and packages lost in transit. We reserve the right to change our shipping and handling procedures. We will notify you of any such changes via the Website or email communication. By using the Website or Services, you agree to the most up-to-date shipping and handling procedures.
Returns: All sales are final and no refunds or exchanges will be allowed, except as required by law. Please review items immediately upon receipt for any damage or defects and contact us within 48 hours if you would like to return an item. In order to receive any remedies or warranties on products you purchase, you must retain the original receipt. We will not make refunds or exchanges on custom items. Please inspect and test products thoroughly upon receipt.
Taxes: You are responsible for paying any sales, value added or other tax that is imposed in connection with the sale of any products or services on the Website or Services, except for taxes based on Minoval’s income.
User Content
User Content: The Website and Services may permit you and other users to post, upload, publish, submit or transmit information, data, text, software, music, audio, photographs, graphics, video, messages, ratings, reviews, comments or other materials and content on the Website or through the Services (“User Content”). User Content is the sole responsibility of the person originating such User Content. You represent and warrant that you own or otherwise have all necessary rights to lawfully use and disclose the User Content you post or transmit on the Website or through the Services.
License from You: By posting or transmitting User Content on the Website or through the Services, you grant Minoval a worldwide, royalty-free, perpetual, non-exclusive license to use, copy, modify, publish, display such User Content in any media worldwide now known or hereinafter developed for any purpose deemed appropriate by Minoval in its sole discretion, including commercial purposes, without any payment to you or your heirs and successors.
No Obligation: We have no obligation to post or use any User Content, and we may block, edit or remove any User Content at any time in our sole discretion. Under no circumstances will we be liable in any way for your User Content.
User Content Disclaimer: We do not guarantee the accuracy, quality or integrity of any user or third party content on the Website or obtained through the Services. Under no circumstances will we be liable for any loss or damage caused by reliance on User Content obtained through the Website or Services.
Digital Millennium Copyright Act Policy: Minoval complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers. If you have an intellectual property rights-related complaint about material posted on the Website or Services, you may contact our Designated Agent at the following address:
Minoval Legal
123 Minoval Lane
Los Angeles, CA 90017
Email: [email protected]
Any notice alleging that materials hosted by or distributed through the Website or Services infringe intellectual property rights must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Website or Services;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the materials on the Website or Services in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
The Designated Agent will only respond to complaints that comply with the above requirements.
Disclaimers
WEBSITE AND SERVICES PROVIDED “AS IS”: THE WEBSITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE AND SERVICES, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MINOVAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR SERVICES, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE OR SERVICES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR SERVICES. FURTHER, MINOVAL DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. MINOVAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE, SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATIONS OF LIABILITY: IN NO EVENT WILL MINOVAL BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER MINOVAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES AND AGREES THAT MINOVAL HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Indemnification
You will defend, indemnify and hold harmless Minoval and our officers, directors, shareholders, employees, agents, contractors, partners, vendors, service providers and suppliers from and against any liabilities, losses, fines, damages, expenses, including attorney’s fees, resulting or arising directly or indirectly from any breach of these Terms by you, including any User Content you post, transmit, modify or make available through the Website or Services.
Governing Law
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter or formation shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
Arbitration
Any legal disputes or claims arising out of or related to these Terms, the Website or the Services shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, with hearings conducted in the English language in Los Angeles County, California. Arbitration hearings will be held before a single arbitrator appointed by the AAA who shall follow California law and the AAA Rules. The AAA Rules and forms may be obtained from www.adr.org. Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severed from the rest and will not affect the validity and enforceability of the remaining provisions.
No Waiver
Our failure to enforce strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
Assignment
We may assign our rights and obligations under these Terms. You may not assign your rights or obligations under these Terms without our written consent. These Terms will bind and inure to the benefit of each party’s successors and permitted assigns.
Entire Agreement
These Terms constitute the entire agreement between you and Minoval relating to their subject matter and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless made in writing and signed by Minoval.
Contact Us
If you have any questions about these Terms or otherwise need to contact us, you can reach us at:
Minoval LLC
123 Minoval Lane
Los Angeles, CA 90017
Email: [email protected]