TERMS OF SERVICE
This website is operated by MAVARI LLC. Throughout the site, the terms “we”, “us” and “our” refer to MAVARI LLC. MAVARI LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and other intellectual property laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services and potential legal action.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is exclusive to this site and void anywhere else or where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content, or otherwise (collectively, “Proprietary Information”), and all Intellectual Property Rights related, are the exclusive property of MAVARI LLC and its licensors. Except as explicitly provided, nothing in these terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of Proprietary Information or materials on the Service for any purpose not expressly permitted by these terms is strictly prohibited.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, solutions, suggestions, proposals, plans, sketches, images or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - MAVARI CODE
MAVARI code may provide mavari.xyz and/or mavaricode.com account owners and members rewards that may be awarded to the referrer when the referee completes purchases as part our site. In order for a referrer to be eligible to receive rewards, the referee must complete a purchase via the referring member's unique referral link. Rewards are based on completed purchases. If the referee returns the purchase for a refund, no reward will be granted. MAVARI code may also provide mavari.xyz and/or mavaricode.com account owners and members rewards that may be awarded to the referrer when he/she provides MAVARI LLC creative ideas, solutions, suggestions, proposals, plans, sketches, images, other materials, whether online, by email, by postal mail, by word of mouth or otherwise (collectively, 'comments'), to develop new products or enhance existing products. Rewards are based on the assessed value of the comments. Account owners and members of mavari.xyz and/or mavaricode.com assign and transfer MAVARI LLC all of their right, title and interest in and to any and all data, information, patent applications, copyrights, trademarks, including, but not limited to creative ideas, solutions, suggestions, proposals, plans, sketches, images, other materials, and know-how developed or otherwise acquired by him/her in connection with the Service sold or provided by MAVARI LLC.
MAVARI codes are loyalty or promotional discounts, rebates or credits offered by MAVARI LLC, and do not constitute an account, a payment instrument, a contractual agreement or other property owned by any mavari.xyz and/or mavaricode.com account owner or member. MAVARI code may only be used in connection with a qualifying purchase on the mavari.xyz and/or mavaricode.com website. All rewards are granted at MAVARI LLC’s sole discretion. The nature of the rewards are determined at MAVARI LLC’s sole discretion. MAVARI LLC reserves the right to revoke any account, MAVARI code or rewards if we determine that you have engaged in fraudulent referral activity (e.g. inviting fake people to join mavari.xyz and/or mavaricode.com, forming groups to commit fraud) or otherwise violated our Terms of Service, or if we terminate your account or membership.
Rewards will be paid out 15 days after the day they were earned by the referrer. Rewards expire 6 months after they are granted. Rewards are not transferable or sellable, and are not gift cards. MAVARI LLC reserves the right at any time without notice to you to change the terms applicable to the MAVARI code, including expiration period and/or your ability to redeem existing rewards.
U.S. Citizens: If you earn six hundred dollars USD ($600.00 USD) or more, MAVARI LLC is legally required to file Form 1099 Misc with the IRS and report your earnings in box 7 as Non-employee compensation. MAVARI LLC will provide you with a copy of the 1099 Misc for for income tax purposes. You may be asked to complete Form W-9 as part of your sign up procedure.
Foreign Persons including Non-resident Aliens: MAVARI LLC is legally required to withhold 30% of the gross amount of US source income paid to Foreign Persons. This withholding, as well as the gross amount paid, will be reported to the IRS and the individual on Form 1042-S after yearend. You may be asked to complete Form W-8BEN as part of your signup procedure.
MAVARI LLC reserves the right and may not reward commissions to any MAVARI code participant until the above US and International tax documents are properly completed and returned to MAVARI LLC for its records.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall MAVARI LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MAVARI LLC and our members, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 747 41st Ave Santa Cruz California US 95062.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - TEMPORARY PROMOTIONS
MAVARI October T-shirt Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. All federal, state, local, and municipal laws and regulations apply. Promotion is voided where prohibited.
THE PROMOTION. MAVARI LLC (“Sponsor”) is sponsoring the MAVARI October T-shirt Giveaway (the “Promotion”). MAVARI LLC is located at 28 2nd Street, 3rd Floor #3205 San Francisco, California 94105 United States.
PARTICIPATION IN THE PROMOTION. By entering the Promotion, each entrant fully and unconditionally agrees to and accepts these Official Rules.
ELIGIBILITY. The Promotion is open worldwide, to people who are 21 years of age or older at the time of entering the Promotion. Employees of the Sponsor and their immediate family members (parents, children, siblings or spouse, regardless of where they live) or persons living in the same household (whether related or not), are not eligible. Residents of countries and/or jurisdictions prohibiting the Promotion should consider this offer void.
PROMOTION PERIOD. The Promotion begins at 7:00am Pacific Standard Time (PST) on October 15, 2016 and ends at 7:00am PST on October 30, 2016 (the “Promotion Period”).
HOW TO ENTER:
Follow @studiomavari on Instagram® (accessible at http://www.instagram.com/studiomavari).
Tag three other Instagram® users (e.g., your friends) in the comments section of the sweepstakes post available at @studiomavari on Instagram®.
After you have tagged three other Instagram® users, you will be automatically entered into the random drawing. Limit of one entry per person. Entrants must be following @studiomavari at the time of the drawing to be eligible to receive the prize. Entries received or originating after the end of the Promotion Period will not be eligible to win. Subject to any governmental approval that may be required, the Sponsor reserves the right to, without prior notice and at any time, terminate the Promotion, in whole or in part, or modify the Promotion in any way, should any factor interfere with its proper conduct as contemplated by these Official Rules.
THE PRIZE. The prize (“Prize”) of the Promotion is one (1) T-shirt and one (1) Long Sleeve T-shirt currently sold by the Sponsor at www.mavari.xyz. The actual retail value of the Prize is sixty dollars ($60.00 USD). Delivery of the Prize is expected to occur in November 2016. No cash or other prize substitutions are permitted. The Prize is nontransferable. Any and all expenses, including without limitation, any and all federal, state, and/or local taxes, shall be the sole responsibility of the Winner.
SELECTION OF THE WINNER. The Winner will be determined on October 30th, 2016 at 12:00pm PST by random drawing from all eligible entries received during the Promotion Period (“Drawing”). The Winner does not need to be present at the Drawing in order to win. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the Instagram® account is registered.
NOTIFICATION OF THE WINNER. The Sponsor will notify the Winner of the Promotion via a direct message sent to the Instagram® account of the Winner (“Account”). The direct message will be sent to the Account of the Winner by 12pm PST on October 30, 2016. All decisions are final and binding. Should the Sponsor receive a notification that the direct message was unsuccessfully sent to the Account, two more attempts will be made via direct messages sent to the Account. The Winner must contact the Sponsor via the Winner’s Account within five (5) business days from the date the first notification is sent by the Sponsor in order to claim the Prize. Failure to contact the Sponsor within the five (5) business days will result in immediate disqualification of the selected entrant and a new Winner will be selected by random drawing from the remaining eligible entries. No exceptions will be made to this rule. The Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the Winner. As a condition of receiving the Prize, the Winner may be required to sign and return a release of liability, a declaration or affidavit of eligibility, and/or a prize winner agreement form within five (5) business days from the day on which the Winner claims the Prize. If the Winner fails to timely return the completed and executed declaration, release, and prize-winner agreement form (if required), the Prize may be forfeited and an alternative winner selected. As a further condition of receiving the Prize, the Winner must agree to the use of his/her name, voice, photograph, likeness, opinion, hometown, and state for the purpose of trade, advertising, or promotion in any media without further compensation or consideration, unless prohibited by law.
PRIVACY. Personal information of entrants in the Promotion will be used to conduct the Drawing and to notify the Winner. In addition, personal information may be sent to or collected by another company acting under the Sponsor’s authorization for the sole purpose of allowing the Sponsor to facilitate the Drawing and to enable notification to the Winner and sending the Prize. Entrants agree to the processing of personal information for the purposes and in the manner set out above (including the disclosures of such information or transfer of it to jurisdictions, which may not provide the same legal protection as in the Winner’s country or state of residence).
ODDS OF WINNING. The odds of winning depend on the number of eligible entries received.
ANNOUNCEMENT OF THE Winner. The Winner will be publicly announced on the Sponsor’s Instagram® Account on October 30th, 2016, accessible at http://www.instagram.com/studiomavari
Other Terms and Conditions of the Promotion:
Other conditions. Conduct of the Promotion and selection of the Winner are in the Sponsor’s sole discretion, and the Sponsor’s decisions are final and binding. Delivery of the Prize is conditioned on the availability of the desired size and model of t-shirts. In case the desired sizes and models requested by winner are not available, the Sponsor will give winner option to choose other sizes. If the winner does not want the alternative options provided by Sponsor, this Promotion shall be deemed impracticable or impossible and shall be excused. Agents and representatives of the Sponsor, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; (ii) any condition caused by events beyond the control of the Sponsor that may cause the Promotion to be disrupted or corrupted; (iii) any printing or typographical errors in any materials associated with the Promotion; (iv) any injuries, losses, or damages of any kind arising in connection with or as a result of the Prize, or acceptance, possession, or use of the Prize, or from participation in the Promotion. By participating in the Promotion, the entrants agree to release and hold the Sponsor and the Sponsor’s employees, officers, directors, shareholders, agents, representatives of the Sponsor, its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, harmless from any and all losses, damages, rights, claims and actions of any kind in connection with the Promotion or resulting from entrant's participation in, acceptance, possession, or use of the Prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Entrants agree to abide by these Official Rules and by the decisions of the Sponsor, whose decisions are final. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights obligations of entrants and the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any other jurisdiction other than the State of California. The entrants hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the United States Superior Court for California for the County of San Francisco for any actions, suits, or proceedings arising out of or relating to these Official Rules of the Promotion (and agree not to commence any action, suit or proceeding relating thereto except in such courts), and waive and agree not to plead or claim that proceedings brought in such court have been brought in an inconvenient forum.
Copies of the Official Rules. To obtain a copy of these Official Rules, send a stamped, self-addressed envelope to: MAVARI October T-shirt Giveaway: Official Rules, MAVARI LLC, 28 2nd Street, 3rd Floor #3205 San Francisco, California 94105 United States.
MAVARI is a trademark of MAVARI LLC, in the United States and/or other countries. All other trademarks are those of their respective owners.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.