By accessing and utilizing the posternirvana.com website (“Website” or “Service”) and any associated products and services (collectively referred to as “Services”), you agree to adhere to the following terms and conditions (“Agreement”). This Agreement establishes a legally binding relationship between you (“User”, “you” or “your”) and the operator of this Website (“Operator”, “we”, “us” or “our”). You signify that you have perused, comprehended, and consented to be bound by the provisions of this Agreement upon accessing and utilizing the Website and Services. Should you be acting on behalf of a business or other legal entity when entering into this Agreement, you affirm that you possess the authority to bind said entity to these terms. Lack of such authority or disagreement with the terms of this Agreement necessitates your refusal of this Agreement, thereby precluding your access to and use of the Website and Services. It is acknowledged that this Agreement constitutes a contractual agreement between you and the Operator, governing your utilization of the Website and Services, despite its electronic nature and absence of a physical signature from you.
Accuracy of Information
On occasion, the Website may contain information that includes typographical errors, inaccuracies, or omissions, particularly in relation to promotions and offers. We retain the right to rectify any such errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information on the Website or Services is found to be inaccurate at any time, without prior notification (even after you have placed your order). We are not obligated to update, amend, or clarify information on the Website, including pricing information, except as required by applicable law. The absence of a specified update or refresh date on the Website should not be construed to imply that all information on the Website or Services has been altered or updated.
Usage of Third-Party Services
Your engagement with and utilization of third-party services are governed solely by their specific terms and conditions if you choose to enable, access, or utilize them. We neither endorse nor accept any responsibility or liability for these third-party services, and we make no representations regarding their content or their handling of data, including your own. Additionally, any interactions between you and the provider of these services are beyond our control. By accessing or using these third-party services, you waive any claims against the Operator related to such services. We assume no liability for any damages or losses, whether actual or alleged, arising from your use, access, or enabling of these third-party services, or from your reliance on their privacy practices, data security measures, or other policies. It may be necessary for you to register for or log into these third-party services on their respective platforms. By enabling any third-party services, you explicitly authorize the Operator to disclose your data as required to facilitate the use or activation of such services.
Billing and Payment
All fees or charges to your account must be settled in accordance with the fees, charges, and billing terms effective at the time the fee or charge becomes due and payable. If, in our assessment, your transaction presents a high risk, we may request a copy of your valid government-issued photo identification, and potentially a recent bank statement for the credit or debit card utilized for the transaction. We retain the right to modify products and their pricing at our discretion and to decline any order you place with us. We may, at our sole discretion, impose limits on quantities purchased per individual, household, or order. Such limitations may apply to orders placed under the same customer account, the same credit card, and/or orders using identical billing and/or shipping addresses. Should we modify or cancel an order, we will make reasonable efforts to notify you by contacting the email and/or billing address/phone number provided at the time of purchase.
Prohibited Uses
You are prohibited from using the Website and Services or Content for any unlawful purpose, soliciting others to perform unlawful acts, or violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances, among other terms outlined in the Agreement. Additionally, you are prohibited from harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. False or misleading information submission, uploading or transmitting viruses or malicious code, spamming, phishing, pretexting, spidering, crawling, or scraping are also strictly prohibited. Furthermore, using the Website and Services for any obscene or immoral purpose, or interfering with or circumventing their security features or those of third-party products and services or the Internet, is not allowed. Violating any of these prohibited uses may result in termination of your use of the Website and Services.
Intellectual Property Rights
The term “Intellectual Property Rights” encompasses all existing and future rights granted by statute, common law, or equity pertaining to copyright and related rights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing off. It includes rights to inventions, rights to use, and all other intellectual property rights, whether registered or unregistered, and covers applications and rights to apply for and be granted such rights, rights to claim priority from, and all similar or equivalent rights or forms of protection. This also encompasses any other results of intellectual activity that currently exist or will exist in the future anywhere in the world. This Agreement does not transfer any intellectual property owned by the Operator or third parties to you, and all rights, titles, and interests in such property remain solely with the Operator. The trademarks, service marks, graphics, and logos associated with the Website and Services are either trademarks or registered trademarks of the Operator or its licensors. Any other trademarks, service marks, graphics, and logos associated with the Website and Services may belong to third parties. Your use of the Website and Services does not grant you the right or license to reproduce or use any of the Operator’s or third party’s trademarks.
Limitation of Liability
Under applicable law, the Operator, its affiliates, directors, officers, employees, agents, suppliers, or licensors shall not be liable to any person for indirect, incidental, special, punitive, cover, or consequential damages, regardless of the theory of liability. Such damages may include lost profits, revenue, sales, goodwill, business interruption, or loss of anticipated savings, even if the liable party has been advised of the possibility of such damages. The aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers, and licensors concerning the services shall be limited to the greater of one dollar or the total cash amounts paid by you to the Operator in the prior one-month period preceding the first event giving rise to liability, as permitted by applicable law. These limitations and exclusions apply even if this remedy fails to fully compensate you for any losses or fails of its essential purpose.
Indemnification
In connection with your Content or your use of the Website and Services, you agree to indemnify and hold harmless the Operator, its affiliates, directors, officers, employees, agents, suppliers, and licensors from any liabilities, losses, damages, or costs, including reasonable attorneys’ fees. This indemnification extends to any third-party allegations, claims, actions, disputes, or demands asserted against any of the aforementioned parties as a result of or relating to your actions or willful misconduct.
Severability
This Agreement’s rights and restrictions are exercisable and enforceable to the extent permitted by applicable laws. They are designed to be limited to prevent rendering this Agreement illegal, invalid, or unenforceable. If any provision or portion thereof is deemed illegal, invalid, or unenforceable by a court of competent jurisdiction, the parties intend for the remaining provisions or portions to constitute their agreement regarding the subject matter herein. These remaining provisions or portions shall continue to be valid and enforceable to the fullest extent permitted by law.
Links to External Resources
We do not, directly or indirectly, imply any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein, despite the Website and Services potentially linking to other resources such as websites, mobile applications, etc. We are not responsible for examining or evaluating the offerings of any businesses or individuals, nor do we warrant the content of their resources. Any actions, products, services, or content provided by other third parties are not under our responsibility or liability. It is advisable for you to thoroughly review the legal statements and other terms of use of any resource accessed through a link on the Website and Services. Your decision to link to any off-site resources is at your own risk.
Disclaimer of Warranty
Your use of the Website and Services is solely at your own risk, as such Service is provided on an “as is” and “as available” basis. We explicitly disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free. Additionally, we do not guarantee the accuracy or reliability of any information obtained through the Service, nor do we warrant that defects in the Service will be corrected. Any material and/or data downloaded or obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any resulting damage or loss of data. We do not provide any warranty regarding goods or services purchased or obtained through the Service or any transactions entered into through the Service, unless explicitly stated otherwise. Any advice or information obtained from us or through the Service, whether oral or written, shall not create any warranty not expressly made herein.
Assignment
Without our prior written consent, which shall be solely at our discretion and without obligation, you are prohibited from assigning, reselling, sublicensing, or otherwise transferring or delegating any of your rights or obligations under this Agreement, whether in whole or in part. Any such unauthorized assignment or transfer shall be deemed null and void. Conversely, we retain the freedom to assign any of our rights or obligations under this Agreement, whether in whole or in part, to any third party. This assignment may occur as part of the sale of all or substantially all of our assets or stock, or as part of a merger.
Dispute Resolution
The formation, interpretation, and performance of this Agreement, as well as any disputes arising from it, shall be governed by the substantive and procedural laws of France, without regard to its rules on conflicts or choice of law. Additionally, the laws of France shall apply to the extent applicable. Any actions related to the subject matter of this Agreement shall be subject to the exclusive jurisdiction and venue of the courts located in France. By agreeing to this Agreement, you consent to the personal jurisdiction of such courts. Furthermore, you waive any right to a jury trial in any proceeding arising from or related to this Agreement. It is noted that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Amendments and Modifications
At any time, we retain the right to modify this Agreement or its terms regarding the Website and Services. These modifications become effective upon posting an updated version of this Agreement on the Website. Upon making changes, we will update the date at the bottom of this page. Your continued use of the Website and Services following any modifications indicates your consent to these changes.
Acknowledgment of Terms
By accessing and utilizing the Website and Services, you affirm your acknowledgment of this Agreement and your agreement to comply with all its terms and conditions. Your access and usage of the Website and Services constitute your acceptance and binding agreement to this Agreement. If you do not consent to adhere to the terms of this Agreement, you are not permitted to access or utilize the Website and Services.
Contact Information
For further clarification regarding this Agreement or any matter related to it, please feel free to reach out to us. You can contact us via email at hello@posternirvana.com
Last updated: March 26, 2024