Effective Date of Current Policy: March 1, 2015
You agree that your access to and use of the Services is subject to these Terms and all applicable laws, and that any such access or use is undertaken at your own risk. If you have any questions about this or any of our other policies, please contact us at [email protected].
We Reserve the Right to Update and Revise These Terms at Any Time
From time to time we will review the Terms ensure they accurately reflect developments in the law and our business operations. We reserve the right to update and revise this policy at any time, effective upon posting.
We only permit individuals who are at least 18 years old and who can form legally binding contracts with us to use the Services.
You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you.
By using the Services you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria at any time. We offer the Services only for personal, noncommercial use.
By using the Services, including without limitation, making a purchase, you understand and agree that 1 Atelier may share information about you and your transaction(s) with other companies for any business purposes, including without limitation, processing your transaction(s), fraud prevention, vendor direct shipping, and credit card authorization.
Some of our Services may require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. Incorrect or outdated may lead to errors or delays, for which we will not be responsible.
You are solely responsible for maintaining the security of your Account and Account password and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account. We are not liable for any damages or loss caused from any unauthorized Account actions. We reserve the right to refuse registration or to cancel an Account at any time. You can delete your Account by emailing us at [email protected].
All orders placed through the Services are subject to 1 Atelier ' acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, we will issue you a refund.
All content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the Services, and other materials, are the exclusive property of 1 Atelier or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall "look and feel" of the Services (collectively the "Marks") are proprietary to 1 Atelier, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services.
Scraping the Services or using other automated or manual means to take our content is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
If you would like to request authorization to use the materials or content on the Services, please contact us at [email protected].
Access to the Services
You may not do any of the following while accessing or using the Services:
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- bypass, circumvent, or attempt to bypass or circumvent, any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
- run any form of auto-responder or "spam" on the Services; or • otherwise take any action in violation of the Terms.
When you submit, distribute, transmit, or post any communications or any other material to 1 Atelier (either through the Services or through our pages on third party sites, such as Instagram, Twitter and Facebook, collectively, "User Generated Content"), you grant us the unrestricted right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Generated Content in any and all media formats or distribution channels. You agree that this license includes the right for 1 Atelier to use your User Generated Content for commercial services, including but not limited to, to provide, promote, market, advertise, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your Account. We may use User Generated Content without compensation of any kind to you, including if we use User Generated Content for advertising or promotional purposes.
We do not want to receive confidential, proprietary or trade secret information through the Services (excluding information related to your purchase(s)). Any information materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and we may use that information for any purpose including, but not limited to, developing, manufacturing, and marketing products. By submitting any such information, you grant us an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid and royalty-free license that will survive termination of your Account.
In addition to giving 1 Atelier a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Generated Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your Account.
We also reserve the right to use any of the materials you create using the Site or Services, including but not limited to, images of your 1 Atelier handbag, for marketing, promotions, advertising or other business purposes. We will not use your name in connection with such materials unless we first obtain your permission or otherwise are required by law to do so.
Representations About Content You Submit
When you submit User Generated Content, you represent and warrant that
you hold all necessary right, title, and license to such materials;
that your submission of such materials to 1 Atelier does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights; and
all User Generated Content you provide is accurate, complete, up-to-date, and not misleading.
In addition, any User Generated Content must not
include any profanity or obscene, indecent, defamatory, or pornographic material;
contain any unauthorized or unsolicited advertising, such as spam;
contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
impersonate any person or entity; or
include anyone’s identification documents or sensitive financial information.
If we believe a user is or may be infringing upon another’s intellectual property rights, we may remove the material.
If you believe someone has posted on the Services a work that you own without your authorization, let us know by contacting our designated copyright agent either by mail to Copyright Agent, c/o 1Atelier LLC, 347 West 36th Street, Suite 1502A, New York, NY 10018 or by emailing [email protected]. Any personal information you provide in your email will be used only for purposes related to your email.
Third-Party Content and User Generated Content
All content on the Services, including User Generated Content and third-party content, is the responsibility of the party that creates it. 1 Atelier does not control or endorse any User Generated Content or third party content, and we make no claims or representations regarding any content we do not create. We do not endorse or have any associations with third-party sites or resources that we may link to on the Services. We take no responsibility related to third party content, User Generated Content, or any actions resulting from your use of any part of the Services.
If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third party resources on the Internet, you do so at your own risk.
We may review content on the Services, but we do not have an obligation to do so. You are solely responsible for the User Generated Content you post on or through the Services, its accuracy, and for the consequences of submitting and posting that User Generated Content. You should be skeptical about information provided by others, and you acknowledge that the use of any User Generated Content posted on the Services is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations constituting User Generated Content, and we specifically disclaim any liability in connection therewith.
We reserve the right to review, remove, block, or modify any content on the Services, including User Generated Content, without notice or further obligation to you.
You understand and agree that 1 Atelier has no control over, and no duty to take any action regarding which users access the Services, what content you access via the Services, what effects the content may have on you, how you may interpret or use the content, or what actions you may take as a result of your exposure to the content.
You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.?
The Services are a public forum, and other users or third parties may attempt to obtain personal information about you in order to harass or injure you. By using the Services you acknowledge and agree that 1 Atelier is not responsible for others' misuse of information publicly disclosed here. Please carefully select the type of information that you post or share, and report any abuses to us.
THE SERVICES ARE PROVIDED “AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 1 ATELIER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY 1 ATELIER OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, 1 ATELIER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 1 ATELIER OR ANYONE REPRESENTING 1 ATELIER BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR 1 ATELIER' SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 1 ATELIER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We reserve the right to terminate your right to use the Services or block or prevent your access to the Services, with or without cause, and without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
If any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
These Terms constitute the entire agreement between you and 1 Atelier and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
We are not liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver.
The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation