Terms & Conditions

Terms & Conditions

Terms & Conditions

 

TABLE OF CONTENTS

1. AGREEMENT TO TERMS

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PROHIBITED ACTIVITIES

6. USER GENERATED CONTRIBUTIONS

7. CONTRIBUTION LICENSE

8. GUIDELINES FOR REVIEWS

9. SOCIAL MEDIA

10. SUBMISSIONS

11. SITE MANAGEMENT

12. PRIVACY POLICY

13. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

14. TERM AND TERMINATION

15. MODIFICATIONS AND INTERRUPTIONS

16. GOVERNING LAW

17. DISPUTE RESOLUTION

18. CORRECTIONS

19. DISCLAIMER

20. LIMITATIONS OF LIABILITY

21. INDEMNIFICATION

22. USER DATA

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

24. CALIFORNIA USERS AND RESIDENTS

25. MISCELLANEOUS

26. CONTACT US

 

1. 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 Merja Herbs, doing business

as Merja Herbs ("Merja Herbs," “we," “us," or “our”), concerning your access to and

use of the http://www.merjaherbs.com website as well as any other media form,

media channel, mobile website or mobile application related, linked, or otherwise

connected thereto (collectively, the “Site”). We are registered in New York, United

States and have our registered office at New York, New York, NY 11214. You agree

that by accessing the Site, you have read, understood, and agreed to be bound by all

of these Terms of Use. 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. Please ensure that you check the applicable

Terms every time you use our Site so that you understand which Terms apply. 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.

The Site is not tailored to comply with industry-specific regulations (Health Insurance

Portability and Accountability Act (HIPAA), Federal Information Security Management

Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may

not use this Site. You may not use the Site in a way that would violate the Gramm-

Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 13 years of age. All users who are

minors in the jurisdiction in which they reside (generally under the age of 18) must

have the permission of, and be directly supervised by, their parent or guardian to use

the Site. If you are a minor, you must have your parent or guardian read and agree to

these Terms of Use prior to you using the Site.

 

2. 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 United States,

international copyright laws, 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.

 

3. 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 13; (5) you are not a minor in the jurisdiction

in which you reside, or if a minor, you have received parental permission to use the

Site; (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; and (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).

 

4. 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.

 

5. 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:

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.

Trick, defraud, or mislead us and other users, especially in any attempt to learn

sensitive account information such as user passwords.

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.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

Use any information obtained from the Site in order to harass, abuse, or harm

another person.

Make improper use of our support services or submit false reports of abuse or

misconduct.

Use the Site in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Site.

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.

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.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of

another user.

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”).

Interfere with, disrupt, or create an undue burden on the Site or the networks

or services connected to the Site.

Harass, annoy, intimidate, or threaten any of our employees or agents

engaged in providing any portion of the Site to you.

Attempt to bypass any measures of the Site designed to prevent or restrict

access to the Site, or any portion of the Site.

Copy or adapt the Site’s software, including but not limited to Flash, PHP,

HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or

reverse engineer any of the software comprising or in any way making up a

part of the Site.

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.

Use a buying agent or purchasing agent to make purchases on the Site.

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.

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.

Use the Site to advertise or offer to sell goods and services.

 

6. 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:

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.

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.

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.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional

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