Effective March 24, 2019
The Agreement: The use of this website and services on this website provided by Amborela are subject to the following terms and conditions. This agreement shall govern the use of all pages on this website and any services provided by or on this website.
1) Assent & Acceptance
By using amborela.com, you warrant that you have read and reviewed this agreement and that you agree to be bound by it. If you do not agree to be bound by this agreement, please exit amborela.com immediately. Amborela only agrees to provide use of this website to you if you assent to this agreement.
2) Intellectual Property
You agree that amborela.com and all services provided by Amborela are property of Amborela, including all copyrights, trademarks, trade secrets, and other intellectual property. Purchasing a painting at Amborela does not transfer rights to you to reproduce the design. The intellectual property of Amborela remains with Amborela, and paintings will no be reproduced in any way without written consent by Amborela. Surface patterns are licensed through Spoonflower. You may use Amborela designs printed at Spoonflower for products you sell. Purchasing a printed design does not grant a license to reproduce said design. All images of artwork on amborela.com are copyrighted and will not be reproduces without written permission by Amborela.
You agree that Amborela owns all right, title and interest in and to Amborela, and that you will not use Amborela for any unlawful or infringing purposes. You agree not to reproduce or distribute Amborela in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from Amborela.
3) User Obligations
As a user of amborela.com, you may be asked to register and account. If you register an account, you will choose an identifier, which may be your email address or another item, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the website and services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify Amborela immediately in writing by email at [email protected]. You are responsible for maintaining the safety and security of your identifying information as well as keeping Amborela apprised of any changes to your identifying information. Providing false or inaccurate information, or using amborela.com to further fraud or unlawful activity is grounds for immediate termination of this agreement.
4) Acceptable Use
You agree not to use amborela.com for any unlawful purpose or any purpose prohibited under this clause. You agree not to use amborela.com in any way that could damage the website or general business of Amborela.
You agree not to use amborela.com for the following:
- to harass, abuse, or threaten others or otherwise violate any person’s legal rights
- to violate any intellectual property rights
- to upload or disseminate any computer viruses or software that may damage the property of another
- to perpetuate fraud
- to engage in or create any unlawful gambling, sweepstakes, or pyramid scheme
- to publish or distribute any obscene or defamatory material
- to publish or distribute any material that incites violence, hate, or discrimination towards any group
- to unlawfully gather information about others
5) Privacy Information
6) Assumption of Risk
Amborela.com is provided for communication purposes. You acknowledge and agree that any information posted on amborela.com is not intended to be advice. You further agree that your purchase of any product at amborela.com is at your own risk. Amborela does not assume responsibility or liability for any advice or other information given on amborela.com.
Amborela sells goods on amborela.com. Amborela undertakes to be as accurate as possible with all information regarding the goods, including product descriptions and images. However, Amborela does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase products at your own risk. If there is a discrepancy between the listing description/images and the purchased product you receive, let me know at [email protected] and I’ll help you through the return process. See the complete return policy.
You agree to ensure payment for any items your purchase from Amborela, and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide Amborela with a valid email and shipping address, as well as valid billing information to PayPal. Amborela reserves the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to Amborela. If your order is cancelled after payment has been processed, a refund will be issued in the amount of the purchase price. Shipping dates you are quoted are subject to change due to unforeseen circumstances. For any questions, concerns, or disputes you agree to contact [email protected].
You agree not to violate the security of amborela.com thorough any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user or network.
10) Data Loss
Amborela does not accept responsibility for the security of your account or content. You agree to protect your password, and use your account at your own risk.
You agree to defend and indemnify Amborela and hold Amborela harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of amborela.com, your breach of this agreement or your conduct or actions. You agree that Amborela shall be able to select its own legal counsel and may participate in its own defense, if Amborela wishes.
12) Spam Policy
You are strictly prohibited from using amborela.com for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
13) Third-Party Links & Content
Amborela.com may occasionally post links to third party websites or other services. You agree that Amborela is not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from amborela.com
14) Modification & Variations
Amborela may, from time to time and at any time without notice to you, modify this agreement. You agree that Amborela has the right to modify this agreement or revise anything contained herein. You further agree that all modifications to this agreement are in full force and effect immediately upon posting on amborela.com, and that modifications or variations will replace any prior version of this agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this agreement.
To the extent any part or sub-part of this agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this agreement shall be considered enforceable and valid to the fullest extent.
You agree to routinely monitor this agreement and refer to the effective date posted at the top on this agreement to note any modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this agreement. You agree that your continued use of amborela.com after any modifications to this agreement is a your assent to this agreement.
15) Entire Agreement
This agreement constitutes the entire understanding between Amborela and you with respect to any and all use of amborela.com. This agreement supersedes and replaces all prior agreements or understandings, written or oral, regarding the use of amborela.com.
16) Service Interruptions
Amborela may need to interrupt your access to amborela.com to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to amborela.com may be affected by unanticipated or unscheduled downtime, for any reason. Amborela shall have no liability for an y damage or loss caused as a result of such downtime.
17) Termination and Suspension
Amborela may terminate this agreement with you at any time for any reason, with or without cause. If you have registered for an account with Amborela, you may also terminate this agreement at any time by contacting [email protected] and requesting termination. At the termination of this agreement, any provisions that survive regardless of termination, such as intellectual property rights, shall remain in full force and effect.
18) No Warranties
Amborela.com is provided “as is,” with all faults, and Amborela express no representations or warranties, of any kind related to amborela.com or the materials contained on this website. Also, nothing contained on amborela.com shall be interpreted as advising you.
19) Limitation of liability
In no event shall Amborela, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of amborela.com whether such liability is under contract. Amborela, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of amborela.com.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Amborela is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
22) Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Iowa, and you agree to jurisdiction of the state and federal courts located in Polk County, Iowa, United States for the resolution of any disputes. Amborela and you agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.
Amborela and you will first attempt to resolve any dispute personally and in good faith. If personal resolution fails, the dispute will be submitted to binding arbitration. The arbitration shall be conducted in Polk County, Iowa. The arbitration shall be conducted by a single arbitrator with no authority to add parties, vary provisions of this agreement, award punitive damages, or certify a class. The arbitrator will be bound by applicable federal law as well as Iowa law. Amborela and you waive any rights they may have to a jury trial in regard to arbitral claims.
23) No Waiver
In the event that Amborela fails to enforce any provision of this agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this agreement will not constitute a waiver of any other part or sub-part.
24) Force Majeure:
Amborela is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other unforeseen circumstances.
For any questions or concerns, contact [email protected]