The following terms and conditions shall govern your use of the VarVara website, located at https://varvara.io (the " Website"), as well as the download, installation and use of any software files made available from time to time through or in connection with the Website (the “ Software”, and together with the Website itself, the “ Services”).
By using the Services, you (the "User") accept and agree to be bound by these terms and conditions. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS, YOU ARE REQUIRED TO REFRAIN FROM USING THE SERVICES.
This Agreement constitutes the entire agreement between you and us, Varvara Fashion Limited (the " Owners"), with respect to the use of the Services, and shall replace any and all other agreements.
You are granted permission to use the Services subject to your full compliance with the provisions of this Agreement.
You may not use any of the Services if you are under the age of 18 or lack the legal capacity to do so.
While using the Website or the Software, you may not perform, intentionally or carelessly, any of the following:
We reserve the right to bar you from using any of the Services, and suspend or cancel any action carried out on the Website or through the Software, at our sole decision and for any reason we deem fit, including, for example, due to any suspicion regarding violation of this Agreement or any applicable law or regulation.
3. Registration to Services
At our sole decision, the access to certain Services may be subject to additional terms and conditions or limited to Users who have subscribed to the Services (the “ Account”), who maintain a 3rd Party Account (as defined below), who have provided certain information and details, or who are current in the payment of certain subscription fees.
It is clarified that information submitted by User must not contain partial or inaccurate data – only the full, true and accurate details required.
If User is required to set or change a password for the Account, and so as to avoid any unauthorized access to the Account as well as any possible damage in the event such password is illegally obtained:
User shall notify Owners immediately of any suspicion regarding unauthorized access to the Services through User’s Account or through a 3rd Party Account.
Without limiting from Owner’s rights under Section 2.4, the Owners reserve the right to suspend any Account and condition access to Account on presentation of proof that these terms and conditions have not been violated.
For the avoidance of doubt, User’s Account, and any privileges granted with respect to such Account, is personal and non-transferrable. User may not assign, transfer or share access to the Account or to any Services which are subject to additional terms and conditions or which are limited to User’s who have subscribed to the Services.
THOUGH OWNERS MAINTAIN REASONABLE MEASURES TO SECURE AND PROTECT ACCOUNT CONTENTS AND INFORMATION REGARDING USER’S ACCESS TO SERVICES, OWNERS CAN NOT ENSURE DEFINITE PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND SHALL NOT BE LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS OR INFORMATION REGARDING USER’S ACCESS.
4. 3rd Party Login Services
As specified in Section 3 above, use of or access to certain Services may be subject to registration or login via OpenID, Facebook Connect or similar third party services (the " 3rd Party Login Services").
Owners expressly disclaim any liability or responsibility to the use of 3rd Party Login Services in connection with the Services, and must assume you have been made familiar with the nature of these 3rd Party Login Services prior to registration or login. For more information regarding 3rd Party Login Services, their operation or the information they may share and exchange with the Owners, please visit the applicable 3rd Party Login Service website.
By connecting with or logging in via 3rd Party Login Services:
5. Suitability of Services
Services are provided As-Is. The Owners cannot guarantee the suitability of the Services to your needs or the availability of any of the Services.
You are responsible to verify, prior to using the Services, their suitability to your needs, and you will have no claim against the Owners due to any mismatch of the Services.
6. Responsibility for Information
Information presented through the Services (the " Information") shall not constitute advice or professional opinion but rather the personal opinion of the Services’ users, the Owners, officers or their employees. The Owners do not represent in any way that any Information is accurate, complete or error free.
In the course of the Services User may be presented with images simulating how User could appear wearing certain items of clothing (“ Simulations”). For the avoidance of doubt, Simulations are generated through combining photographs uploaded by User with images of such clothing items, are intended for illustration only and shall not be deemed to depict how User would actually look wearing such items.
7. EXCLUSION OF LIABILITY. LIMITATION OF LIABILITY
SUBJECT TO THE APPLICABLE LAW, THE OWNERS, AS WELL AS THEIR OFFICERS AND EMPLOYEES, SHALL NOT BE LIABLE TO ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHATSOEVER, INCURRED BY USER DUE TO USE OF THE SERVICES OR DUE TO THE NON-AVAILABILITY OF THE SERVICES. WITHOUT DEROGATING FROM THE ABOVE, SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO USE OF THE SERVICES OR DUE TO THE NON-AVAILABILITY OF THE SERVICES, INCLUDING ANY EXPOSURE OF ACCOUNT OR 3RD PARTY ACCOUNT CONTENT OR INFORMATION, SHALL NOT EXCEED THE HIGHER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE SERVICES (IF PAID) OR $100.
8. External Links
Advertisements to third party products may be presented on the Services by an external service, matching the advertisements to the content. It is clarified that the Owners have no control over the selection of the advertisements displayed, the order of their presentation or their accuracy and are not a direct party to any transaction resulting from such advertisements.
Certain adverts or Hyper-Links used in the Services, including in connection with clothe items, may refer or direct to websites managed or owned by third parties. It is clarified that any links to such websites are supplied solely for the convenience of the User, and that the Owners did not examine these websites and do not support them or their content and can not verify their security. You are solely responsible and are required to use full caution when browsing, purchasing products, submitting information or otherwise using these websites.
It is emphasized that there is no distinction between internal links and external links, and it is your sole responsibility to verify the URL a link refers to before following it.
9. Lack of Liability for Actions of Other Users
In the course of the Services, and subject to the provisions of Section 10 below, users may upload content of their own creation (" User’ Content") to be displayed on the Services, including, for example, comments and pictures.
It is clarified the process of registration and User’ Content upload is, fully or partially, an automatic process, thus the Owners cannot verify the identity of users nor examine the content uploaded, and shall not be held liable for any User’ Content displayed in the Services.
In the course of the Services, certain content, including User’ Content, may be rated by Services’ users or in conjunction with such users’ actions and behavior. It is clarified such rating does not represent the Owners opinion or impression, but rather that of the Services’ users, and User explicitly waives any claim against the Owners with respect thereof.
If User has cause to believe one person or entity is responsible for affecting the ratings of a specific content, User is obliged to notify Owners which reserve the right to nullify actions carried out in violation of these terms.
10. Content Uploaded by You
In addition to the terms stated under Section 2.3.4 above, User explicitly warrants and represents that uploading User's User’ Content to Services and displaying such User’ Content by Owners, in accordance with these terms, shall not constitute or result in violation of applicable law or regulation, including copyright or trademark infringement, violation of privacy, obscenity or slander.
Without derogating from Section 9.2, the Owners reserve the right to deny presentation of User’ Content and to suspend or remove User’ Content, as stipulated in Section 2.4.
User reserves all rights to User’ Content created by User and uploaded by User to the Services. Despite the above, User hereby grants Owners a non-exclusive, non-revocable and non-limited license to display such User’ Content in the ordinary course of the Services. It is clarified that the User, as owner of rights to the User’ Content, is responsible for enforcing any intellectual property rights.
For the avoidance of doubt, User permits Owners to edit User’ Content prior to or following its display so as to conform to the Services editing policies, and undertakes to comply with any such policies presented by the Owners.
11. Notice of Infringement
If you have cause to believe any Services’ content to be in violation to the terms hereunder or in infringement of any applicable law, we would appreciate it if you would notify us of such content via email to email@example.com , stating the violating content and the nature of violation.
User reserves all rights to photographs uploaded by User to the Services; User nevertheless grants Owners a non-exclusive and non-limited (revocable) license to display photographs, along with corresponding Simulations, in the promotion or demonstration of the Services on any medium.
Without derogating from the above, User acknowledges and confirms all rights to the Simulations, as a derivative creation, are reserved by the Owners, and undertakes not to copy, publish or present the Simulations in any medium, unless all watermarks and copyright notices accompanying the Simulations are properly preserved and displayed.
All rights, title and interest in and to the Website and Software, their design, source code, and content elements are held exclusively by the Owners or the content creator, as applicable, and unless explicitly permitted by the Owners, may not be subjected to any action which may be considered copyright infringement, including, without limitations, copying, transferring, selling, providing access to or otherwise using any such proprietary material outside of the specifically permitted uses herein.
Regarding Software, it is clarified such is not sold or granted – rather, User may be granted a non-exclusive, non-transferrable, limited license to download, install and use the Software in accordance with these terms. In addition to the prohibitions above, User may not reverse engineer, decompile, modify, alter, reprogram or disassemble the Software or any part of it (nor may User allow such actions), not may User redistribute, sublicense, assign, pledge, rent, share or otherwise transfer any rights granted to User with respect to the Software.
For the avoidance of doubt, such license shall immediately terminate upon breach of any of the terms and conditions of this Agreement.
14. Amendment to Services and Terms of Agreement
The Owners may make Non-substantial Changes to the services or the terms of the Agreement, at any time, without having to give prior notice.
The Owners may make Substantial Changes to the services or the terms of the Agreement, providing adequate notice will be displayed in the webpage of this Agreement, at least 7 days prior to the amendment taking effect, and providing the following conditions are met:
It is solely your responsibility to check the terms of this agreement, every once in a while, for amendments.
15. Waiver of Rights to Recommendations and Suggestions
In order to avoid any unpleasantness, you agree and acknowledge that in sending suggestions or comments regarding the Services (the " suggestions") YOU WAIVE ANY AND ALL RIGHTS TO THE SUGGESTIONS AND SHALL HAVE NO CLAIM REGARDING IMPLEMENTATION OF THE SUGGESTIONS OR LACK THEREOF, TRANSFER OF THE SUGGESTIONS TO A THIRD PARTY, OR REGARDING LACK OF ANY ATTRIBUTION, ACKNOWLEDGEMENT, CREDIT, REMUNERATION, OR COMPENSATION WITH RESPECT TO ANY IMPLEMENTATION OF THE SUGGESTIONS BY OWNERS OF ANY THIRD PARTY. The Owners will exclusively own any rights to suggestions which, at their sole discretion, they have chosen to adopt.
You undertake to indemnify the Owners for any losses or damages resulting from any 3rd party claims or complaints arising from, or in connection with your actions on the Services or breach of this Agreement.
17. Governing Law and Jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the substantive law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).