Terms and Conditions of Use
Welcome to the United States section of www.elisabettafranchi.com (the “Site”), the official online shop of Elisabetta Franchi in the United States. This Site is owned by Betty Blue S.p.A. (“Elisabetta Franchi”) having an address at Via Viadagola, 30, Quarto Inferiore Di Granarolo Emilia (BO), Italy 40057. The Site is operated under license by and the products sold are sold by FiloBlu USA, Corp. (“FiloBlu”), a Delaware corporation having an address at 350 Fifth Avenue, 41st Floor, New York, NY 10118.
1. License and Access
You agree by accessing, browsing or otherwise using the Site, the Site and the Content are and remain the sole and exclusive property of Elisabetta Franchi, FiloBlu, their respective affiliates and/or third-party providers, as applicable. Except as expressly permitted by us in writing, you agree that your license to access, browse and/or use the Site and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Site and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) solely to enable printing and/or offline viewing of such Content and solely for your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any Content, or copy thereof, that you download, create, generate, store and/or print, as permitted herein, you will reproduce and include all copyright and other proprietary notices included in such Content.
3. Use of the Site
You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Databases or any other information contained thereon will cause irreparable harm to us and that in such event money damages will not constitute sufficient compensation; consequently, in the event that you, directly or indirectly, misappropriate or misuse the Content, Databases or any other information contained thereon, you specifically consent to our obtaining injunctive relief against you in addition to any other legal or financial remedies to which we may be entitled.
4. Links to Third Party Sites
Unless approved by us in writing in advance, you agree not to: (i) provide or create a link to the Site; or (ii) create any frames at any other sites pertaining to any of the Content located on the Site.
5. Changes or Modifications to the Site or Site Policies
6. User Submissions
You are solely responsible for any Submissions you make and their accuracy and you agree to defend, at our option, and at your sole expense, indemnify and hold Elisabetta Franchi, Filoblu, their affiliates and subsidiaries, and each of their respective employees, agents, representatives, successors and assigns (collectively, the “Indemnified Parties”) harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which the Indemnified Parties may incur as a result of your Submissions. The Indemnified Parties take no responsibility and assume no liability for any Submissions posted by you or any third party, and the Indemnified Parties do not endorse any statement, idea or representation contained in the Submissions, nor do they guarantee the Submissions’ accuracy, integrity or quality.
7. Intellectual Property
All right, title and interest in and to the Site and the Content and all intellectual property rights embodied therein, are the property of Elisabetta Franchi, FiloBlu, or their respective licensors or content suppliers, as applicable. The Site and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use, in whole or in part, of the Site or the Content is strictly prohibited, except as otherwise provided herein or authorized in writing by Elisabetta Franchi, FiloBlu, or their respective licensors or content suppliers, as applicable.
“Elisabetta Franchi” is a trademark owned by Elisabetta Franchi. All other trademarks, service marks, domain names, logos, company names, copyrights and patents used, displayed or referred to on or in connection with the Site (collectively “Other Intellectual Property”) are the intellectual property of Elisabetta Franchi or their respective owners. The “Elisabetta Franchi” trademark and the Other Intellectual Property are protected by national intellectual property and other laws and international treaty provisions.
8. No Warranties; Limitation of Liability
THE INFORMATION AND CONTENT ON THE SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THE INFORMATION AND CONTENT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
THE SITE IS OPERATED BY US AND THE MATERIALS AVAILABLE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. ELISABETTA FRANCHI, FILOBLU AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “SITE OPERATORS”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE SITE FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE OPERATORS AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AS TO THE OPERATION OF THE SITE OR ITS FUNCTIONING OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER THE SITE OPERATORS NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SITE OPERATORS, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, REVENUE, OPPORTUNITY OR DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE MATERIALS ON THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR OTHERWISE RELATED TO THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE SITE OPERATORS NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE SITE OPERATORS DO NOT REPRESENT OR WARRANT THAT THE SITE IS SECURE, THE SITE OR THE SERVER SUPPORTING THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THE INFORMATION ON THE SITE IS ERROR-FREE, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT ANY OF THE SITE OPERATORS IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH (I) THE WEBSITE POLICIES OR ANY OF THE FEATURES OR FUNCTIONALITIES OF THE SITE OR ITS CONTENT, OR YOUR USE OR INABILITY OF USE THEREOF, THE SITE OPERATORS’ LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR USE THEREOF OR ACCESS THERETO; OR (II) ANY PRODUCT SOLD THROUGH THE SITE, THE SITE OPERATORS’ LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.
NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS. CERTAIN STATES LAWS SIMILARLY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. Force Majeure
You absolve and release us, Elisabetta Franchi and our respective officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
11. Contact Us
All requests for information, complaints or inquiries regarding orders deliveries and purchases should be directed to FiloBlu’s Customer Care department:
Telephone: (+1)8002501921 Monday to Friday, from 9 AM to 1PM and from 2PM to 6PM EST.
12. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent designated below with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For any information please contact our customer service at (+1)8002501921 Monday to Friday, from 9 AM to 1PM and from 2PM to 6PM EST or send us an email: firstname.lastname@example.org.
15. Modifications to the Services
You acknowledge and agree that the form and nature of the services which FiloBlu provides may change from time to time without prior notice to you. You further acknowledge and agree that FiloBlu may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at FiloBlu’s sole discretion, without prior notice to you.
You understand that FiloBlu grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FiloBlu reserves the right to revoke these exceptions either generally or in specific cases.
17. Entire Agreement
We may amend or update all or any part of the Website Policies at any time in our sole discretion. Any amendments or updates to the Website Policies shall be effective upon publication in their respective sections of the Site. Please access the respective sections of the Site regularly in order to check whether the Website Policies have been updated.
18. Governing Law; Jurisdiction
Any legal action or proceeding relating to your access to, or use of, the site shall be instituted only in a state or federal court located in the state of New York, County of New York, USA and you agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Effective Date: October 23rd, 2018