AGREEMENT TO TERMS
These Terms of Use constitute
a legally binding agreement made between you, whether personally or on behalf
of an entity (“you”) and CROSS BODY LTD (“we,” “us” or “our”), concerning
your access to and use of the website www.cross-body.com as well as any other
media form, media channel, mobile website or mobile application related,
linked, or otherwise connected thereto (collectively, the “Site”).
If you do not agree with all of these Terms of Use, then
you are expressly prohibited from using the Site and you must discontinue use
immediately.
Supplemental terms and
conditions or documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms of Use at any
time and for any reason.
We will alert you about any
changes by updating the “Last updated” date of these Terms of Use, and you
waive any right to receive specific notice of each such change.
It
is your responsibility to periodically review these Terms of Use to stay
informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Terms of Use by
your continued use of the Site after the date such revised Terms of Use are
posted.
The information provided on
the Site is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement
within such jurisdiction or country.
Accordingly, those persons
who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
Option 1: The Site is
intended for users who are at least 18 years old. Persons under the age of 18
are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY
RIGHTS
Unless otherwise indicated,
the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us
or licensed to us, and are protected by copyright and trademark laws and
various other intellectual property rights and unfair competition laws of the Republic
of Bulgaria, foreign jurisdictions, and international conventions.
The Content and the Marks are
provided on the Site “AS IS” for your information and personal use only. Except
as expressly provided in these Terms of Use, no part of the Site and no Content
or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.
Provided that you are
eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which
you have properly gained access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in and to the Site, the
Content and the Marks.
USER REPRESENTATIONS
By using the Site, you
represent and warrant that:
(1) all registration
information you submit will be true, accurate, current, and complete;
(2) you will maintain the
accuracy of such information and promptly update such registration information
as necessary;
(3) you have the legal
capacity and you agree to comply with these Terms of Use;
(4) you are not under the age
of 18;
(5) you are not a minor in
the jurisdiction in which you reside
(6) you will not access the
Site through automated or non-human means, whether through a bot, script or
otherwise;
(7) you will not use the Site
for any illegal or unauthorized purpose;
(8) your use of the Site will
not violate any applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to
register with the Site. You agree to keep your password confidential and will
be responsible for all use of your account and password. We reserve the right
to remove, reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
PRODUCTS
We make every effort to
display as accurately as possible the colors, features, specifications, and
details of the products available on the Site. However, we do not guarantee
that the colors, features, specifications, and details of the products will be
accurate, complete, reliable, current, or free of other errors, and your
electronic display may not accurately reflect the actual colors and details of
the products.
All products are subject to
availability. We reserve the right to discontinue any products at any time for
any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms
of payment: cash on delivery, credit card, bank transfer. You agree to provide
current, complete, and accurate purchase and account information for all
purchases made via the Site. You further agree to promptly update account and
payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as
needed. Sales tax will be added to the price of purchases as deemed required by
us. We may change prices at any time.
You agree to pay all charges
at the prices then in effect for your purchases and any applicable shipping
fees, and you authorize us to charge your chosen payment provider for any such
amounts upon placing your order.
We reserve the right to
correct any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to
refuse any order placed through the Site. 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 payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.
RETURN/REFUNDS POLICY
Please review our Return
Policy posted on the Site prior to making any purchases.
PROHIBITED ACTIVITIES
You may not access or use the
Site for any purpose other than that for which we make the Site available. The
Site may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you
agree not to:
1.
systematically retrieve data or other content
from the Site to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
2.
make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
3.
use a buying agent or purchasing agent to make
purchases on the Site.
4.
use the Site to advertise or offer to sell goods
and services.
5.
circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
6.
engage in unauthorized framing of or linking to
the Site.
7.
trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information such as user
passwords;
8.
make improper use of our support services or
submit false reports of abuse or misconduct.
9.
engage in any automated use of the system, such
as using scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools.
10.
interfere with, disrupt, or create an undue
burden on the Site or the networks or services connected to the Site.
11.
attempt to impersonate another user or person or
use the username of another user.
12.
sell or otherwise transfer your profile.
13.
use any information obtained from the Site in
order to harass, abuse, or harm another person.
14.
use the Site as part of any effort to compete
with us or otherwise use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise.
15.
decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Site.
16.
attempt to bypass any measures of the Site
designed to prevent or restrict access to the Site, or any portion of the Site.
17.
harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any portion of the Site to you.
18.
delete the copyright or other proprietary rights
notice from any Content.
19.
copy or adapt the Site’s software, including but
not limited to Flash, PHP, HTML, JavaScript, or other code.
20.
upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Site or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Site.
21.
upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection mechanisms”
or “pcms”).
22.
except as may be the result of standard search
engine or Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
23.
disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site.
24.
use the Site in a manner inconsistent with any
applicable laws or regulations.
USER GENERATED
CONTRIBUTIONS
The Site may invite you to
chat, contribute to, or participate in blogs, message boards, online forums,
and other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions").
Contributions may be viewable
by other users of the Site and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
1.
the creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
2.
you are the creator and owner of or have the
necessary licenses, rights, consents, releases, and permissions to use and to
authorize us, the Site, and other users of the Site to use your Contributions
in any manner contemplated by the Site and these Terms of Use.
3.
you have the written consent, release, and/or
permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Site and these Terms of Use.
4.
your Contributions are not false, inaccurate, or
misleading.
5.
your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation.
6.
your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
7.
your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
8.
your Contributions do not advocate the violent
overthrow of any government or incite, encourage, or threaten physical harm
against another.
9.
your Contributions do not violate any applicable
law, regulation, or rule.
10. your
Contributions do not violate the privacy or publicity rights of any third
party.
11. your
Contributions do not contain any material that solicits personal information
from anyone under the age of 18 or exploits people under the age of 18 in a
sexual or violent manner.
12. your
Contributions do not violate any law concerning child pornography, or otherwise
intended to protect the health or well-being of minors;
13. your
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
14. your
Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in
violation of the foregoing violates these Terms of Use and may result in, among
other things, termination or suspension of your rights to use the Site.