RESTRICTIONS ON USE OF MATERIALS
You may be required to create an account and specify a password to use certain features on our Website. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing firstname.lastname@example.org or calling 1.512.800.1391. You agree to indemnify and hold harmless Chachimomma for losses incurred by Chachimomma or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
CONTENT POSTED OR SUBMITTED BY YOU
By submitting or posting Content to the Website, you grant Chachimomma the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Website, Chachimomma does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Chachimomma owns all right, title, and interest in any compilation, collective work, or other derivative work created by Chachimomma using or incorporating Content posted to the Website.
You are solely responsible for anything you may post on the Website and the consequences of posting anything on the Website.
CONTENT POSTED BY OTHER USERS
Chachimomma is not responsible for, and does not endorse, Content in any posting made by other users on the Website. Under no circumstances shall Chachimomma be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Website. If you become aware of misuse of the Website by any person, please contact Chachimomma by emailing email@example.com or calling 1.512.800.1391. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Terms of Sale; Risk of Loss
By placing an order with Chachimomma, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Chachimomma's acceptance of an order. We retain the right to refuse any request made by you.
Prior to Chachimomma's acceptance of an order, verification of information may be required. Chachimomma reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Chachimomma, for any reason whatsoever. Chachimomma reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Chachimomma shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has has already been charged for the purchase and the order is cancelled, Chachimomma shall credit your account in the amount of the incorrect price.
All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.
Please see our Help webpage and all related webpages for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, gift cards, product availability, no resale policy, and other helpful information. Chachimomma reserves the right to restrict delivery to addresses within or outside of the United States. Shipping and handling fees and applicable sales/use tax will be added by Chachimomma as necessary (please see our USA Shipping, International Shipping, and Ordering & Payment webpages and all related webpages for further information).
The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.
USE OF WEBSITE
Impersonation of others, including a Chachimomma employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others for any other commercial online service or other organization.
You may not without the prior written permission of Chachimomma, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; or flood this Website with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to this Website without the prior written consent of Chachimomma.
ACTIVITIES PROHIBITED ON THE WEBSITE
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Website. Chachimomma reserves the right to investigate and take appropriate legal action against anyone who, in Chachimomma's sole discretion, engages in any of the prohibited activities.
Prohibited activities include - but are not limited to - the following:
- Using the Website for any purpose in violation of local, state, or federal laws or regulations;
- Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Chachimomma in its sole discretion or pursuant to local community standards;
- Posting Content that constitutes cyber-bullying, as determined by Chachimomma in its sole discretion;
- Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
- Posting telephone numbers, street addresses, or last names of any person;
- Posting URLs to external websites or any form of HTML or programming code;
- Posting anything that may be "spam," as determined by Chachimomma in its sole discretion;
- Impersonating another person when posting Content;
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Harassing, threatening, stalking, or abusing any person;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the sole discretion of Chachimomma, exposes Chachimomma or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
- Encouraging other people to engage in any prohibited activities as described herein.
Chachimomma reserves the right - but is not obligated - to do any or all of the following:
- Monitor, edit, or disclose any Content on the Website; and
- Edit or delete any Content posted on the Website, regardless of whether such Content violates these standards.
If you believe any Content on the Website infringes your copyright, you may request removal of such Content (or access thereto) from this web Website by contacting Chachimomma as set forth below and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to:
4103 Norfolk St.
Houston, Texas 77027
In an effort to protect the rights of copyright owners, Chachimomma maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.
All content included on this Website, such as text, graphics, code, logos, button icons, images, audio clips, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Chachimomma or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on this Website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website is strictly prohibited. All other product names contained in this Website are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Chachimomma enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact Chachimomma Inc. at firstname.lastname@example.org
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Chachimomma through this Website becomes the exclusive property of Chachimomma, and Chachimomma is entitled to use the information submitted for any purpose without restriction or compensation to the user sending the submission. The user acknowledges the originality of any submission communicated to Chachimomma and accepts responsibility for its accuracy, appropriateness and legality.
This Website and the materials on this Website are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Chachimomma disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Chachimomma does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. Chachimomma does not warrant or make any representations regarding the use or the results of the use of the materials in this Website in terms of their correctness, accuracy, reliability or otherwise. You (and not Chachimomma) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Chachimomma be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use this Website even if Chachimomma or authorized representatives of Chachimomma have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Chachimomma's total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website.
As a condition of use of this Website, you agree to indemnify, defend, and hold harmless Chachimomma, its officers, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Website including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
In the event that a product sold is mistakenly listed at an incorrect price, Chachimomma reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Chachimomma shall issue a credit to your credit card account.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
These terms shall be governed by and construed in accordance with the laws of the state of Texas, U.S.A., without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Harris County and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Chachimomma's failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.