Terms of Service
Welcome to Pampered Srl By using our services or web sites, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms").
1. USE OF SERVICES
Pampered Srl, offer services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Pampered Srl services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Pampered Srl of any unauthorized use of your password or account or any other breach of security. Pampered Srl cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
2. APPROPRIATE CONDUCT
Pampered Srl reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via Pampered Srl services. You understand that by using Pampered Srl services you may be exposed to Content that is offensive, indecent or objectionable, and that you use Pampered Srl services at your own risk. You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Pampered Srl services and for any consequences thereof. You agree to use Pampered Srl services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Pampered Srl services or servers or networks connected to Pampered Srl services.
By using Pampered Srl services, you acknowledge and agree that Pampered Srl may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Pampered Srl, its users or the public as required or permitted by law.
4. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Pampered Srl has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Pampered Srl services. You acknowledge that Pampered Srl may have set no fixed upper limit on the number of transmissions you may send or receive through Pampered Srl services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice. Upon the termination of your use of Pampered Srl services, including upon receipt of a certificate or other legal document confirming your death, Pampered Srl will close your account and you will no longer be able to retrieve content contained in that account.
5. PERSONAL NON-COMMERCIAL USE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Pampered Srl services, use of Pampered Srl services, or access to Pampered Srl services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
6. MODIFICATIONS TO SERVICE
Pampered Srl reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Pampered Srl services (or any part thereof) with or without notice. You agree that Pampered Srl shall not be liable to you or to any third party for any modification, suspension or discontinuance of Pampered Srl services.
You may discontinue your use of Pampered Srl services at any time. You agree that Pampered Srl may at any time and for any reason, including a period of account inactivity, terminate your access to Pampered Srl services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Pampered Srl services, your account or any files or other content contained in your account.
You agree to hold harmless and indemnify Pampered Srl, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Pampered Srl and Partners") from and against any third party claim arising from or in any way related to your use of Pampered Srl services, violation of the Terms or any other actions connected with use of Pampered Srl services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Pampered Srl will provide you with written notice of such claim, suit or action.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF PAMPERED SRL SERVICES IS AT YOUR SOLE RISK. PAMPERED SRL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAMPERED SRL AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PAMPERED SRL AND PARTNERS DO NOT WARRANT THAT (i) PAMPERED SRL SERVICES WILL MEET YOUR REQUIREMENTS, (ii) PAMPERED SRL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PAMPERED SRL SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH PAMPERED SRL SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PAMPERED SRL SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAMPERED SRL OR THROUGH OR FROM PAMPERED SRL SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAMPERED SRL AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAMPERED SRL OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE PAMPERED SRL SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM PAMPERED SRL SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON PAMPERED SRL SERVICES; OR (v) ANY OTHER MATTER RELATING TO PAMPERED SRL SERVICES.
10. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
11. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that Pampered Srl may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Pampered Srl services.
13. GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Pampered Srl and govern your use of Pampered Srl services, superceding any prior agreements between you and Pampered Srl for the use of Pampered Srl services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Pampered Srl services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and Pampered Srl shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Pampered Srl agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of Pampered Srl to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Pampered Srl services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.