Introduction
Welcome to the Charisma Bedding® Set website, url charismas.shop (the “Site”). The Site provides an online marketplace for purchasing high-quality bedding products including sheets, duvets, comforters, blankets, pillowcases, shams, pillows, mattress pads and more.
These Terms and Conditions are entered into by and between You and Charisma Bedding® Set. The following terms and conditions, together with any documents they expressly incorporate by reference govern your access to and use of charismas.shop, including any content, functionality and services offered on or through charismas.shop, whether as a guest or a registered user.
Please read the Terms & Conditions carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you accept and agree to be bound and abide by the Terms & Conditions and our Privacy Policy, found on the Site. If you do not want to agree to the Terms & Conditions or the Privacy Policy, you must not access or use the Site.
This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Site.
Changes To The Terms & Conditions
We may revise and update the Terms & Conditions from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing The Site
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
Intellectual Property Rights
The Site and its original content, features and functionality are owned by Charisma Bedding® Set and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Charisma Bedding® Set content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of Charisma Bedding® Set and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Charisma Bedding® Set or our licensors except as expressly authorized by these Terms.
The Charisma Bedding® Set name and logo are trademarks of Charisma Bedding® Set, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Charisma Bedding® Set. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Charisma Bedding® Set, and may not be copied, imitated, or used, in whole or in part, without prior written permission from Charisma Bedding® Set.
User Content
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit relevant content and materials on the Site (“User Content”). By making available User Content on or through the Site, you hereby grant to Charisma Bedding® Set a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site.
You agree that you are solely responsible for all User Content that you make available on or through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Site or you have all rights, licenses, consents and releases necessary to grant Charisma Bedding® Set the license to the User Content as set forth above; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Charisma Bedding® Set’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or control User Content, and make no guarantee as to its accuracy, integrity or quality. You understand that by using the Site, you may be exposed to User Content that is inaccurate, misleading, indecent or otherwise objectionable to you. Under no circumstances will we be liable in any way for any User Content.
We have the right but not the obligation to monitor User Content, and to edit, remove, delete, or refuse to post any User Content, in whole or in part, that we determine at our sole discretion violates these Terms or is otherwise undesirable, inappropriate, or inaccurate.
Site Management
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of these Terms;
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
- Manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site;
- Restrict or terminate your access to the Site if we believe you are in breach of these Terms or applicable laws or regulations, or for any other reason without notice or liability;
- Terminate or suspend your registration;
- Modify or discontinue any part of the Site; and
- Refuse, restrict, or disable access to the Site to any particular person without notice for any reason.
You agree that Charisma Bedding® Set will not be liable to you or to any third party for taking any of these actions.
Disclaimers
Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. Charisma Bedding® Set expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Charisma Bedding® Set makes no warranty that (i) the Site will meet your requirements; (ii) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Site will meet your expectations; or (v) any errors in the Site will be corrected.
Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Charisma Bedding® Set or through or from the Site shall create any warranty not expressly stated in the terms.
Limitation on Liability
You understand and agree that Charisma Bedding® Set will not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use of or inability to use the Site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to this Site.
In no event shall Charisma Bedding® Set’ total aggregate liability to you for all claims relating to the Site exceed the amount paid, if any, by you to Charisma Bedding® Set for the services during the twelve-month period preceding the date the claim arose.
Because some states or jurisdictions do not allow certain limitations of liability, some or all of the above limitations may not apply to you. In such states or jurisdictions, Charisma Bedding® Set’ liability shall be limited to the greatest extent permitted by law.
Indemnification
You agree to defend, indemnify and hold harmless Charisma Bedding® Set and its subsidiaries, agents, vendors, licensors, licensees, service providers, contractors, officers, directors, employees, representatives, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of or access to the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property rights or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms.
Assignment
You cannot assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction or notification to you. This Terms binds your successors and permitted assignees.
Governing Law
These Terms and any dispute of any sort that might arise between a user of the Site and Charisma Bedding® Set shall be governed by the laws of the state of Tennessee, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Nashville, Tennessee, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Nashville, Tennessee.
Dispute Resolution
In the interest of resolving disputes between you and Charisma Bedding® Set in the most expedient and cost effective manner, you and Charisma Bedding® Set agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Charisma Bedding® Set ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Modification
Charisma Bedding® Set reserves the right, in its sole discretion, to modify or replace the entirety of these Terms or any portion thereof, at any time. It is your responsibility to check this page periodically for changes. Your continued use of the Site following the posting of changes to these Terms will mean you accept those changes.
Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:
Charisma Bedding® Set
PO Box 1234
Nashville, TN 37221
Email: [email protected]
