Effective date: 02.09.2020
DeadSeaLife (“we”, “we” or “our”) provides the content and services available on the website, DeadSeaLife (“Site”) to you subject to the following Terms of Use, our Privacy Policy , Terms of Sale and other terms and conditions and policies that may be found throughout our site in relation to certain functionality, features or promotions, as well as customer service, all of which are considered a part of and included in these terms and conditions (collectively, the “Terms and Conditions “).
In order to make a purchase on our site, you must be 18 or the age of majority in your jurisdiction. If you are under the age of 18 or of legal age in your jurisdiction, you cannot make a purchase on our site. By accessing or using the Site, you acknowledge that you have read, understood and accepted, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU CANNOT USE OUR SITE.
1. Privacy
Please review our Privacy Policy governing your use and access to this site so that you understand our privacy practices.
2. Products and services for personal use
The products and services available on the Site and all related samples that we can provide you are for personal use only. You may not sell or resell any of the products or services, or samples thereof, purchased or otherwise received by us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
3. Purchase related policies and procedures
To view the policies and procedures relating to orders placed through this site (such as order processing, shipping and handling, returns and exchanges), click here .
4. Accuracy of Information
We try to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that any product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current or error-free.
This site may contain typographical errors or inaccuracies and may not be complete or current. Therefore, we reserve the right to correct any errors, inaccuracies or omissions (including after an order has been placed) and to change or update information at any time without notice.
5. Intellectual Property
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) are owned by DeadSeaLife or owned by our parents, subsidiaries, affiliates, partners or licensees and is protected by local laws as well as by EU law and United States, including copyright and trademark laws. Our trademarks and trade dress may not be used in any way for any purpose without our express written consent.
Except for the limited licenses set forth in Section 6 below, or as required by applicable law, neither the Content nor any part of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified or otherwise exploited, in whole or in part, for any purpose without the our express prior written consent.
6. Limited Licenses; Restrictions on use
We grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site personally. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to perform any of the following in connection with your use of the site:
· Frame or use framing techniques to enclose the Site or any part of it;
Use any meta tags, “hidden text”, robots, spiders, crawlers or other tools, whether manual or automated, to collect, scratch, index, extract, republish, redistribute, transmit, sell, license or download the site, the content (other than caching or, if necessary, to view the site) or personal information of third parties without our prior written permission or permission;
Make any use of the Site or any Content other than for personal use;
Modify, reverse engineer or create derivative works based on the Site or any Content;
Impersonate any person or entity, or misrepresent or otherwise misrepresent your affiliation with any person or entity;
· “Stalk” or otherwise harass, including advocating for harassment of third parties, entrap or harm third parties, including harm to minors in any way;
Intentionally violate any applicable local, state, national or international law;
Transmit, upload, publish, email, share, distribute, reproduce or otherwise make available any virus, malware, program, code, file or other software material intended to interrupt, interrupt, alter, destroy or limit any part of the site ; and / or
· Engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings or any form of “spam”.
We also grant you a limited, revocable, non-transferable and non-exclusive license to create a hyperlink to the home page of the site for personal, non-commercial use only. A website that links to the Site (s) may link, but not replicate, any and / or all of our Content; (ii) it cannot imply that we are endorsing that website or its services or products; (iii) cannot misrepresent your relationship with us; (iv) may not contain content that could be construed as objectionable, obscene, controversial offensive or illegal or inappropriate for any age (as determined in our sole discretion); (v) cannot represent us or our products or services in a false, misleading, derogatory or otherwise offensive or objectionable manner, nor associate us with any undesirable products, services or opinions; and / or (vi) cannot link to any page of the site other than the home page. We may, in our sole discretion, request the removal of any link to the Site and upon receipt of such request, you must immediately remove such link and terminate any link, unless you have been separately and expressly authorized by us to resume the link. .
Any unauthorized use by the user of the site or any and / or all of our content automatically terminates the limited licenses set forth in this section 6 , without prejudice to any other remedies provided by applicable law or these Terms and Conditions.
7. User obligations and responsibilities
By accessing or using the Site or any Content, you agree to comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when you access or use the Site or any Content, you will act in accordance with the law, personalized and in good wedding ring. It is not possible to make any changes or alterations to the Site or to the Contents or services that may appear on this Site and cannot in any way compromise the integrity or functioning of the Site. Without limiting the generality of any other provision of these Terms and Conditions , if you negligently or intentionally default on any of the obligations set forth in these Terms and Conditions, you will be liable for all losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensees.
8. Your account
Subject to the age restrictions described above, you may view and use many features of the Site without registering, including making purchases, but to access and use certain parts of the Site, you may need to register for an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been any unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and true information about your account. You agree to accept responsibility for all activities that occur with your permission or authorization according to your account, username and / or password or because you are unable to maintain sufficient security on your account, username and / or password. If you are accessing and using the Site on behalf of someone else, you represent that you have the authority to bind that person as principal to all of the Terms and Conditions provided herein, and to the extent that you do not have such authority, you agree to be bound by them. Terms and Conditions and to accept responsibility for damages caused by unlawful use of the Site or the Content resulting from such access or use. You can cancel your online account with us at any time. To the extent permitted by applicable law, we reserve the right to refuse service and / or terminate accounts without notice if you violate these Terms and Conditions or if we decide,
9. Third Party Links
We are not responsible for the content of any third party sites even if they are linked to or from the site. The links that appear on the Site are for convenience only and do not represent an endorsement by us, our parents, subsidiaries, affiliates or partners of the content, products, services or suppliers mentioned. Your use of and access to these third party websites is at your own risk. We are in no way responsible for examining or evaluating and we do not guarantee the offerings of third party websites or other websites linked to or from the Site, nor do we assume any responsibility for the actions, contents, products, or services of such websites, including but not limited to their privacy policies and terms and conditions.
10. Special features, functionality and events
The Site may offer certain features and functionality or special events (such as contests, sweepstakes or other offers) which may (a) be subject to terms of use, rules and / or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or a third party. If so, we will notify you of this and if you choose to take advantage of these offers, you agree that your use of such offers will be subject to such additional or separate terms of use, rules and / or policies.
11. User Content
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy regarding unsolicited suggestions and ideas and subject to the terms of our Privacy Policy, when you transmit, upload, post, email, share, distribute, reproduce or otherwise provide suggestions, ideas, requests, feedback, data, text, software, music, sounds, photographs, personal information such as username / screen name, graphics, images, videos, messages or other materials (” User Content“) On the Site in any way (including through” Contact Us “), you are entirely responsible for such User Content. You hereby grant us a perpetual, worldwide, transferable and sub-licensable, irrevocable, unlimited, non-exclusive and royalty-free license to use, copy, authorize, license, adapt, distribute, display, publicly perform, reproduce, transmit, modify, modify and otherwise exploit such User Content worldwide, in all media now known or hereafter developed, for any purpose, including, without limitation, development, production, distribution and marketing of products.
You represent and warrant that you own or otherwise control the rights to User Content. You agree not to engage or assist or encourage others to engage in the transmission, uploading, posting, emailing, sharing, distribution, reproduction or otherwise making available User Content that (a) is illegal, harmful, threatening, offensive , harassing, torturous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful or racial, ethnic or otherwise objectionable; (b) you have no right to make it available under any law or contractual or fiduciary relationship; (c) is known to be false, fraudulent, inaccurate or misleading; (d) you have been compensated for or granted any consideration by a third party; or (e) infringe patents, trademarks, trade secrets,
We are in no way responsible for examining or evaluating User Content and, to the maximum extent permitted by applicable law, we disclaim any liability for User Content. We do not control User Content transmitted or posted on the Site by you or others and therefore we do not guarantee the accuracy, integrity or quality of User Content transmitted or posted on the Site by you or others. You understand that by using the Site, you may be exposed to User Content of others that is offensive, indecent or objectionable to you. In no event shall we be liable in any way for User Content, including, without limitation, for any errors or omissions in User Content,
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to modify, change, condense or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and / or terminate unannounced accounts for all users who violate these Terms and Conditions or violate the rights of others.
Deleting User Content
If you wish to delete some of your Public User Content, such as your ratings and review postings, on the Site or in connection with our mobile applications, please contact us by email and include the following information in your deletion request: first name, surname, username / screen name (if applicable), email address associated with our website and / or mobile applications, reason for deletion of the publication and date (s) of the publications you wish to delete (if you have it) . We may not be able to process your cancellation request if you are unable to provide us with this information. Please allow up to 10 business days to process your cancellation request.
12. Copyright Infringement Notices
We respect the intellectual property of others. If you believe that the copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to our designated infringing communications agent and provide the following: (i ) identification of the copyrighted works that you believe have been infringed and confirms that you are the copyright owner or authorized to act on behalf of the copyright owner; (ii) a description of the material that is claimed to be infringing and the location of such material on the Site; (iii) your address, telephone number and e-mail address.
13. Disclaimer of warranties; Limitation of Liability
The site, its contents and services are presented “as is”. Neither we nor our parents, subsidiaries, affiliates, partners or licensees make any representations or warranties of any kind, express or implied, with respect to these terms and conditions or the site or content.
You agree that, to the fullest extent permitted by applicable law, neither we nor our parents, subsidiaries, affiliates, partners or licensees will be liable or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) business interruption; (b) delays in accessing or interruptions in accessing the site; (c) non-delivery of data, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damage of any kind incurred as a result of reports or links outside the website on the site; (e) computer viruses, system failures or malfunctions that may occur in connection with the use of the site, including during the hypertext link to or from third party websites; (f) any inaccuracies or omissions in the contents; or (g) events beyond our reasonable control. We make no representations or warranties that defects or errors will be corrected.
In addition, to the fullest extent permitted by law, neither we nor our parents, subsidiaries, affiliates, partners or licensees will be liable for any indirect or consequential damages of any kind (including lost profits) relating to the site or its use and in any if our maximum aggregate liability may exceed one hundred euros (€ 100.00) or the equivalent amount in local currency.
You agree that no claim or action arising out of, or related to, use of the site or these terms and conditions may be brought to you more than one (1) year after the cause of action relating to such claim or action. If you have a dispute with us or are dissatisfied with the site, the termination of your use of the site is your only remedy and we have no other obligation, responsibility or liability to you.
14. Indemnification
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensees, officers, directors, employees and agents (the “Indemnified Parties”) harmless for any loss, damage or cost, including reasonable attorney’s fees, resulting from any third party claims, actions or requests arising from (i) use of the Sites or Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of the User Content. You further agree to indemnify the indemnified Parties for any loss, damage or cost, including reasonable legal costs, resulting from the use of software robots, spiders, crawlers or similar data collection and extraction tools,
15. Disputes
Any disputes arising from the interpretation, validity and / or execution of these Terms and Conditions will be subject to the mandatory jurisdiction of the competent court of the place of residence or domicile of the customer. These Terms and Conditions are governed and must be interpreted in accordance with the laws of the country of the competent court.
According to the EU Regulation n. 524/2013 on online dispute resolution for consumer disputes, if you reside in the EU, you can, at your discretion, submit your disputes to the online platform of the European Commission available at: https: //webgate.ec.europa. eu / odr / main / index.cfm? event = main.home.chooseLanguage .
In addition, an EU customer who has placed an order has the right (but is not required to) report disputes relating to the sale of products to the following alternative dispute resolution entity, free of charge:
country | Applicable Laws | Alternative Entity for Dispute Resolution |
Switzerland | Laws of Switzerland | Swiss Chambers’ Arbitration Institution Secretariat of the Arbitration Court c / o Zürcher Handelskammer Löwenstrasse 11 PO Box CH – 8021 Zurich Tel .: +41 44 217 40 50 Fax: +41 44 217 40 51 E-mail: zurich@swissarbitration.org |
16. Consent to receive communications electronically by publication on the site and by e-mail
You agree to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically, including, without limitation, by email or by posting notices on this Site. You agree that all Notices we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive electronic communications, you must notify us of the withdrawal of such consent by sending us an email at info@deadsealife.ch and stop using this site. If so, all rights granted to you under these Terms and Conditions, including but not limited to Section 6 of this document, will automatically expire. Unfortunately, we cannot provide the benefits of this site to any user who cannot consent to receive electronic communications.
Please note that this consent to receive communications is entirely separate from any election that may be made regarding the receipt of marketing communications. Your options for receiving marketing communications are set out in our Privacy Policy .
17. General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us regarding your use of the Site, and supersede and govern all prior proposals, agreements or other communications.
We reserve the right, to the extent permitted by applicable law, to change these Terms and Conditions at any time by posting the changes on the Site and providing such notice. Any changes take effect immediately upon posting on the site. The effective date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes acceptance of all amended Terms and Conditions. We may, with or without notice, terminate any rights granted by these Terms and Conditions. You must immediately comply with any termination or other notice, including, where applicable, ceasing all use of the Site. We also reserve the right, under applicable law,
Nothing contained in these Terms and Conditions should be construed as creating any agency, partnership or other form of joint venture between us. Our failure to demand enforcement of any provision of this document does not affect our full right to request such performance at any subsequent time, nor can our waiver of a breach of any provision of this document be considered or considered a waiver provision itself. In the event that any provision of these Terms and Conditions should be unenforceable or invalid under any applicable law or be so restrained by any applicable arbitral award or court decision, such inapplicability or invalidity will not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions will be modified, to the extent possible, by the contracting entity to more fully reflect the original intent of the parties as reflected in the provision original. The headings in the Terms and Conditions are for convenience only and should not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email info@deadsealife.ch .
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