Last update: November 21, 2014.
TERMS AND CONDITIONS
MACATE Group, Corppration (“MACATE“) operates the PHOTOLENZER.com website and service (the “Website“). MACATE is sometimes hereinafter referred to as “we” or “us.” PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. This is a legal agreement between MACATE and you, the individual or entity using or accessing the Website. BY USING OR ACCESSING THE WEBSITE, OR CLICKING “ACCEPT”OR “I AGREE BELOW,”YOU ARE CONFIRMING YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.
1. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
2. Product Orders. All orders placed through the Website are subject to MACATE’s acceptance, which is in its sole and absolute discretion. Without limitation, this means that MACATE may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole and absolute discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, MACATE shall issue a credit to your credit card account.
3. Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. In some cases, shipping insurance may be available from the carrier, and we encourage our customers to purchase such shipping insurance when available.
4. Accuracy of Information. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
5. Use of the Website. The Website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Website are either the property of, or used with permission by, MACATE and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on the Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. No portion or element of the Website or its content may be copied or retransmitted via any means. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
6. Copyrights. The copyright in all content is and remains owned by MACATE. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the information and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content. Except as authorized under the law relating to copyright, you may not reuse any content without first obtaining the written consent of MACATE. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Website. In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (the “Software“) are licensed to you by MACATE. MACATE does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but MACATE retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
7. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on the Website are registered and unregistered trademarks, trade names and service marks of MACATE and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Website without our written permission or the written permission of such third party owner. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify MACATE trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without MACATE’s prior written consent. The use of MACATE trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet site or the creation of links, hypertext, links or deep links between the Website and any other internet site, is prohibited without the express written consent of MACATE.
8. Linking to the Website. Creating or maintaining any link from another website to any page on the Website without our prior written permission is prohibited. Running or displaying the Website or any material displayed on the Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to the Website must comply will all applicable laws, rules, and regulations.
10. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, infringing, false, misleading, inflammatory, invasive of privacy, abusive, discriminating, illegal, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, violate the rights of any party or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
11. User Information.
11.2 We do not guarantee the accuracy, integrity or quality of User Communications, and cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Communications will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Communications on the Website, MACATE is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Communications or activities of users on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Communications are not necessarily those of MACATE or its affiliated or related entities or content providers. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. MACATE does not, and you agree that MACATE has no obligation to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications.
11.3 Notwithstanding the foregoing, you acknowledge and agree that MACATE has the absolute right to monitor User Communications posted to the Website in its sole discretion. In addition, MACATE reserves the right to alter, edit, refuse to post or remove any such User Communications, in whole or in part, for any reason or for no reason, and to disclose such User Communications and the circumstances surrounding their transmission to any third party.
11.4 You agree that you shall immediately notify MACATE in writing of any objectionable content appearing on the Website. MACATE will make good-faith efforts to investigate allegations that any User Communications violate these Terms and Conditions but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Communications, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Communications whatsoever.
11.5 Any use of any content on the Website, including, without limitation, User Communications will be at your own risk. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT MACATE IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT THAT PURPORTS TO GIVE MEDICAL ADVICE OR ADVICE REGARDING PERSONAL, GROUP OR CORPORATE SAFETY AND SECURITY, FITNESS TRAINING, EXERCISE, OR DIET. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR A PHYSICAL FITNESS PROGRAM.
12.1 YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE ARE PROVIDED “AS IS”WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THE WEBSITE. NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS AND SERVICES ON OR THROUGH THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. NEITHER WE NOR ANY OF OUR AFFILIATES REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. THE INFORMATION ON THE WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE. WE RESERVE THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT INCURRING ANY LIABILITY.
12.2 ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS”IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
12.3 WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MACATE OR ITS AFFILIATES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
13. Limitations of Liability. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Website or your downloading of any materials from the Website.
13.1 IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, THE RESULTS OF USE OF THE WEBSITE, THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
13.2 IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES ( see Return Policy) POSTED ON THE WEBSITE.
14. Indemnification. You agree to indemnify, defend, and hold harmless MACATE, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees and paraprofessional fees, arising from or relating in any way to your use of the Website.
16. Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Website. You agree to review the these Terms and Conditions periodically to be aware of such modifications and that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Terms and Conditions.
17. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that you will not assert any objection to the court’s personal jurisdiction over you, or to the convenience of the forum. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Website (including but not limited to the purchase of MACATE products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Miami-Dade County, Florida. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of MACATE products) must be commenced within one (1) year after the claim or cause of action arises. By using the Website, you agree to receive electronic communications from MACATE. You agree that any notice, agreement, disclosure or other communication that MACATE sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. MACATE’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. MACATE may assign its rights and duties under this Agreement to any party at any time without notice to you.
18. Termination. We may suspend or terminate your account or your use of the Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Website at any time without notice.
19. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our customer service department at (+1) 305-371-5858.