Condition of use

CONDITIONS OF USE

If you visit the Site, you accept these Terms of Use (“Agreement”) so please read them carefully. This Agreement is between you and seemenscloth.com pursuant to which seemenscloth.com is prepared to grant to you access to this Site.

seemenscloth.com reserves the right to change this Agreement from time to time, in its sole discretion, and your rights under this Agreement will be subject to the most current version of this Agreement posted on this page at the time of your use or purchase. If you do not agree with these terms of use, do not use this Site. This Agreement is in addition to your obligations and rights under the Privacy Policy and Terms and Conditions of Sale posted on the Site. If you are unsure of your rights under this Agreement, please contact us as set forth below.

PROPRIETARY RIGHTS

seemenscloth.com and its affiliated companies own, solely and exclusively all rights, title and interests (including, without limitation, copyrights and trademarks) in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), functionality, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Sites, and the compilation and organization of the Site Content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to any Site Content or any other part of the Site, nor does it grant you any license to use or display the same except as expressly permitted herein.

Excluding references to the Products, all materials on this Site and the Site itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned, co-owned or licensed by seemenscloth.com or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Site, as well as the software used in the design and development of this Site. All rights are reserved, worldwide.

The name and mark seemenscloth.com and the seemenscloth.com logos and all other seemenscloth.com-related marks depicted in this Site, whether registered or unregistered, are trademarks or service marks belonging to seemenscloth.com.

The materials contained in this Site are displayed for informational and promotional purposes only. This Site is solely for private, personal, and non-commercial use. You may not download or copy materials in this Site for any reason. You do not obtain any right, title or interest in any material or software as a result of any downloading or copying. You may not reproduce, publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, any of the materials in this Site, or any related software. Any other use of materials on this Site, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of seemenscloth.com, is strictly prohibited.

If Client prints, copies, modifies, downloads or otherwise uses or provides any other person with access to any part of the Site in breach of the Terms and Conditions, the right to use the Site will cease immediately and Client must, at our option, return or destroy any copies of the materials made. No right, title or interest in or to the Site or any content on the Site is transferred to Client and all rights not expressly granted are reserved by seemenscloth.com. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

LIMITED LICENSE TO USE THIS SITE

seemenscloth.com grants to you a limited license to access and to make personal use of this Site and not to download or modify it, or any portion of it, except with the express written consent of seemenscloth.com. This license does not include any commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of seemenscloth.com.com or its contents; or any use of data mining or similar data gathering tools. The Site or any portion of the Site may not be reproduced, visited, duplicated, copied, resold, or otherwise exploited for any commercial purpose without the express written consent of seemenscloth.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of seemenscloth.com and its affiliates without the express written consent of seemenscloth.com. Any unauthorized use terminates the license granted by seemenscloth.com for you to utilize or to access the Site.

You are permitted to use the Site and the Content for your private, personal and non-commercial use only and always in compliance with these Terms and Conditions. You may not and may not permit, assist or allow any third party to:

(i) copy, reproduce, publish, transmit, distribute, perform, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute this Site or any Content, including but not limited to mirroring, framing or linking to any other computer, server or web site;

(ii) access or use this Site or any Content for any commercial purposes, including any advertising or advertising revenue generation activity on Your own web site;

(iii) use anyone else’s password or Account at any time without the express permission and consent of the holder of that password or Account;

(v) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site. You may not reverse look-up, phish, trace or seek to trace any information on any other user of, or visitor to, the Site, or any other customer, or exploit the Site or any service or information made available or offered by or through the Site, nor use the Site or the Content for any unlawful purposes or for any purposes not allowed by these Terms and Conditions or for soliciting the performance of any illegal activity or for any other activity which infringes the rights of seemenscloth.com or others;

(vi ) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or any systems or networks connected to the Site. You agree not to use any device, software or routine to interfere, or attempt to interfere, with the proper working of the Site, any transaction being conducted on the Site, or with any other person’s use of the Site.

Any other use of the Content or material on this Site, including reproduction for the purposes other than your private, personal and non-commercial use, modification, distribution or republication, without the express prior written consent of seemenscloth.com, is strictly prohibited.

seemenscloth.com reserves the right to delete actions and messaging considered to be (but not limited to) flooding, harassment or otherwise specified. seemenscloth.com takes no responsibility for the content or actions of the users whom access and engage with the Site.

MINORS NOT AUTHORIZED TO USE THIS WEBSITE

seemenscloth.com does not knowingly request or collect personally identifiable information online from any person under the age of Eighteen. If you are under the age of Eighteen, you are not permitted to use the Website or its services.

COMMUNICATIONS AND OTHER CONTENT

Users may submit suggestions, ideas, comments, questions, or other information, to seemenscloth.com as may be requested from time-to-time or to seemenscloth.com’s Customer Service Department so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. If you do submit material, you automatically grant seemenscloth.com and its Affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media throughout the world. seemenscloth.com has the right but not the obligation to monitor and edit or remove any activity or content. seemenscloth.com takes no responsibility and assumes no liability for any content shared by you or any third party through the Site.

PERSONAL DATA

Personal data shall be collected by seemenscloth.com on the www.seemenscloth.com Site with a goal of allowing the Client to set up an account and/or to purchase Products from www.seemenscloth.com and, otherwise, in accordance with seemenscloth.com’s Privacy Policy.

MY ACCOUNT

Certain personal data is essential for setting up a Client account and making purchases; such information includes Title, First Name, Last Name, Email Address, Password, Birthday, and Telephone. Failure to provide this mandatory information may mean that the Client’s account cannot be set up and used. In creating this account, the Client authorizes www.seemenscloth.com to store their name and email, which shall be maintained in accordance with seemenscloth.com’s Privacy Policy.

seemenscloth.com permits one (1) email address per account. Accounts are authenticated after a user validates their email through the email to which they registered the account.

EMAIL

Email registration for the seemenscloth.com online newsletter is optional. To register an email for the seemenscloth.com online newsletter, the Client can submit it through the “Email Address” field on the bottom of the page. The Client can also sign up when creating a www.seemenscloth.com account by checking the Email Newsletter option during registration. In both circumstances, information provided to seemenscloth.com shall be held in accordance with seemenscloth.com’s Privacy Policy.

PURCHASES

Credit card information will be collected when placing an order. If you are a registered seemenscloth.com user, we will securely store your tokenized credit/debit card details on our systems. This information will be fully encrypted and only used to process card transactions which you have initiated. You can remove your payment details by logging into your account and clicking “remove.” In accordance with Personal Privacy Protection laws, in regards to information technology, files and rights, the Client shall have the right to access, change, correct and delete personal data. This right may be exercised, where applicable, via the Client account. To make changes to a www.seemenscloth.com profile, you may go to the My Account page and choose “Edit” or “Remove” to change home address, email address, etc. information and save to finish updating.

The security, confidentiality or integrity of information sent via the Internet cannot be guaranteed on account of the nature of the internet, other than to assure that seemenscloth.com shall take all reasonable and appropriate measures to protect your personal information from theft and fraud. However, we are not accountable and may not be held liable in the event of loss, communication to a third party or fraudulent uses of login details.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SEEMENSCLOTH.COM, ITS PARENT COMPANY AND/OR AFFILIATES, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE SITES, LOST BUSINESS OR LOST SALES, PROFITS, OR GOODWILL, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE SITES, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES. IN NO EVENT SHALL THE TOTALAGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITES EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO SEEMENSCLOTH.COM FOR YOUR USE OF ANY SITE, OR (B) ONE HUNDRED DOLLARS ($100). ALL USERS OF THE SITES UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS AND CONDITIONS WITHOUT THESE LIMITATIONS ON LIABILITY.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SEEMENSCLOTH.COM, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY USE OF THE SITE'S CONTENT, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS AND CONDITIONS OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.