Terms & Conditions

Effective June 2020

1.0  OVERVIEW 

These Terms and Conditions (“Terms”) apply to the website shopnadiamirkazemi.com. Throughout this site and in these Terms, “we,” “us,” “our,” and/or “I” refers to Nadia Mirkazemi or NM. 

Your access to and use of this site is conditioned on your acceptance and compliance with these Terms. These Terms and Conditions apply to all users including, but not limited to, browsers, customers, vendors, merchants, and/or contributors to content. By accessing and/or purchasing through this Site, you agree to be bound by these Terms and Conditions. If you do not consent to these Terms and Conditions, please discontinue access or use of this Site immediately. 

We reserve the right to update, change, alter, and/or replace components of this Site and its Terms and Conditions. It is the responsibility of the user to check periodically for changes. Continued use of this Site post-changes constitutes consent and acceptance of said changes. 

ARBITRATION NOTICE: Except in the instance that you opt-out or that your interaction involves a certain type of dispute described below, you agree to resolve any and all disputes between you and NM by individual arbitration and hereby waive your right to participate in class action lawsuits. 

Disclaimer: This store and brand is hosted on Squarespace, providing us with the online platform to sell our products and services. 

We reserve the right to deny service to anyone at any time for any reason. 

1.1 USE OF THIS SITE

To accept the Terms and Conditions and use this Site, you must be at least 18 years of age. By agreeing to the Terms set forth, you affirmatively represent that you are:

(a)  At least 18 years of age; or

(b)  Have the Consent of a parent if you are under 18 years of age; and 

(c)  Have read, understood, and agree to be bound by these Terms. 

If you do not meet the above stipulations, you must immediately terminate use of this Site. 

1.2 RESTRICTED USE OF THIS SITE

You acknowledge and accept that all information and material appearing on this Site are owned by NM and/or its affiliates. You are expressly prohibited from using any of the information and material on this Site without the express written consent of NM and/or its affiliates. None of the material and information may be reproduced, redistributed, republished, downloaded, displayed, posted, transmitted, or copies in any form by any means without prior written consent of NM and/or its affiliates. Permission will only be granted for noncommercial, personal use provided you make no modifications or changes to the materials. Upon breaching any of the above terms and conditions, you forfeit and automatically terminate any permission granted and thus agree to immediately destroy any downloaded and/or printed materials. You may not use our products, images, videos, or other materials for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction. 

1.3 CHANGE IN TERMS

The Terms and Conditions are subject to change, modification, and/or removal from time to time. If such changes are material to the terms and conditions, we will notify you immediately through email and a message posted to the Site. Continued use of the Site constitutes acknowledgement of and consent to such changes. 

1.4 SUBMISSION OF CONTENT 

For any content you provide to NM via email or social media including, but not limited to, photographs, ideas, comments, images, video clips, audio clips, graphics, tags, data, material, information, etc., you specifically grant NM the non-exclusive, transferable, sublicensable, royalty-free, fully paid up, worldwide license to use such content in connection with NM. 

NM is not under any obligation to:

(a)  Maintain such content in confidence;

(b)  Pay royalties or compensation for such content;

(c)  Credit or acknowledge you for such content; or

(d)  Respond to such content.

It is your obligation when submitting such content to make sure the content does not violate the rights of any copyright, trademark, privacy, or other personal or proprietary rights of third parties. It is further your obligation and sole responsibility to ensure the content you submit does not contain libelous, unlawful, abusive, obscene, or otherwise objectionable material. 

By participating in Site sweepstakes, giveaways, contests, and promotions, you consent and agree that NM may use your information for marketing and promotional purposes. 

If you do not want to grant NM such permission as outlined above, do not submit user content. 

1.5 COMMUNICATIONS TO USERS 

By using this Site, you agree that NM may send you e-mails for the purpose of advising you of changes or additions to the Terms and Conditions, products or services, or for such other purposes deemed appropriated by NM. 

1.6 PRODUCT INFORMATION 

Products by NM are displayed on this Site and its affiliates while supplies last. Prices displayed on this site are in U.S. dollars and are valid and effective in the United States and its territories. Prices are subject to change at any time. 

Any designs produced by us for you will remain our intellectual property and may not be used in any other form without prior written consent. 

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 any time 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 void where prohibited. 

1.7 DISPLAY OF COLORS AND IMAGES

NM has made every effort to display, as accurately as possible, the colors and images that appear on this Site. NM cannot guarantee that your monitor or mobile devise is displaying the color or image accurately. 

1.8 ACCURACY OF INFORMATION 

We are not responsible if the information made available on this site is not accurate, complete or current. The material provided on this Site should not be relied on or used as the sole basis for making decisions without consulting primary, more accurate and complete information. Reliance on such information is at your own risk. 

1.9 PERSONAL INFORMATION 

Your submission of personal information and its use by this Site is governed in our Privacy Policy. View it here. 

1.10 THIRD PARTY LINKS

To the extent this Site contains links to third parties, outside services, and outside resources, the availability and content of which NM does not control, any concerns or issues should be directed to such third party, outside service, or outside resource. 

NM is not responsible for the accuracy of the information found at third party links nor is NM liable for any harm or damages related to contact with such third-party links. 

1.11 WARRANTIES AND DISCLAIMERS 

This Site and all contents available and provided on it are done so on an ‘as is’ basis without warranties of any kind, either expressed or implied. By using this Site, you acknowledge that your use of this Site is at your own sole risk, and you thus assume full responsibility for all costs associated with necessary services and repairs of equipment you sue in connection with this Site. NM shall not be liable for any damages of any kind related to your use of this Site. 

There may at times be information on this Site that contains errors, inaccuracies, or omissions. We reserve the right to correct such without prior notice at any time. NM is not bound by any errors or omissions in posting information to this Site. 

1.12 LIMITATION OF LIABILITY 

SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER CALIFORNIA LAW, IN NO EVENT SHALL NM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS 

(A)  BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM NM), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO NM’S RECORDS, PROGRAMS OR SERVICES; AND 

(B)  BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES.

1.13 INDEMNIFICATION 

You (and also any third party for whom you operate an account or activity on the Site or any other third party platform such as social media that may interact with the Site) agree to defend (at NM’s request), indemnify and hold NM harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): 

(i)            your Content or your access to or use of the Site; 

(ii)           your breach or alleged breach of these Terms of Use; 

(iii)         your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; 

(iv)          your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

(v)           any misrepresentation made by you. You will cooperate as fully required by NM in the defense of any claim. NM reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of NM.

1.14 SEVERABILITY 

In the even that any above or below provision is determined to be unlawful, void, or unenforceable, such provisions shall nonetheless be enforceable to the fullest extent permitted via applicable law. Such unenforceable portion shall be deemed severed from these Terms and Conditions and such determination shall not affect the validity and enforceability of the remaining provisions. 

1.15 GOVERNING LAW 

These Terms and Conditions are governed by and construed in accordance with the laws of the State of California. 

1.16 TERMINATION 

The Terms are effective unless and until terminated by either you or NM. You may terminate the Terms at any time. NM may terminate or suspend access to this Site at any time and may do so immediately without notice, if in NM’s sole discretion, you fail to comply with any term or provision of these Terms. 

Upon any termination of the Terms by either you or NM, you must promptly destroy all materials, downloaded or otherwise, obtained from this Site, as well as all copies of such materials, whether made under the terms of this these Terms or otherwise.