termes et conditions
1. Introduction
Welcome to Apollo Moda (“Company,” “we,” “our,” “us”)!
These Terms of Service (“Terms,” “Terms of Service”) govern your use of our website located at https://www.apollomoda.com/ (together or individually “Service”) operated by Apollo Moda.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information resulting from your web page use.
Your agreement includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements and agree to be bound by them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing support@apollomoda.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.
2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you can opt out of receiving all communications from us by following the unsubscribe link or emailing support@apollomoda.com.
3. Purchases
Suppose you wish to purchase any product or service made available through Service (“Purchase”). In that case, you may be asked to supply certain information relevant to your Purchase, including but not limited to your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or another payment method (s) in connection with any Purchase; and that (ii) the information you supply to us is accurate, correct, and complete.
We may employ third-party services to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We'd like to let you know that we reserve the right to cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes, and Promotions
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through Service may be governed by rules separate from these Terms of Service. If you participate in any Promotions, please review the applicable laws and our Privacy Policy. If the restrictions for a Promotion conflict with these Terms of Service, Promotion rules will apply.
5. Refunds
We issue refunds for Contracts within 30 days of the original purchase of the Contract.
6. Content
The content found on or through this Service is the property of Apollo Moda or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or personal gain, without our express advance written permission.
7. Prohibited Uses
You may use the Service only for lawful purposes and by the Terms. You agree not to use Service:
0.1. Anyway, that violates applicable national or international law or regulation.
0.2. To exploit, harm, or attempt to exploit or harm minors by exposing them to inappropriate content.
0.3. To transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others or in any form is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service or which, as determined by us, may harm or offend the Company or Service users or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in actual time activities through Service.
0.2. Use any robot, spider, or another automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of the Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify the Company rating.
0.9. Otherwise, could you try to interfere with the proper working of Service?
8. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
9. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you would like to warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and follow all of the terms and conditions of the Terms. You are prohibited from accessing and using the Service if you are not at least eighteen (18) years old.
10. Accounts
When you create an account with us, you guarantee that you are above 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
I want you to know that you are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and account. You agree to take responsibility for any activities or actions under your account and password, whether your password is with our Service or a third-party service. Please let us know immediately after you become aware of any security breach or unauthorized account use.
You may not use the name of another person or entity as a username or that is not lawfully available for use, a name or trademark subject to any rights of another person or entity other than you without appropriate authorization. In addition, you may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
11. Intellectual Property
Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Apollo Moda and its licensors. Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Apollo Moda.
12. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on any person or entity's copyright or other intellectual property rights (“Infringement”).
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@apollomoda.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and through Service on your copyright.
13. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification under the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at support@apollomoda.com.
14. Error Reporting and Feedback
You may provide us directly at support@apollomoda.com or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) Company may have developed ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality concerning the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
15. Links To Other Web Sites
Our Service may contain links to third-party websites or services not owned or controlled by Apollo Moda.
Apollo Moda has no control over and assumes no responsibility for any third-party websites or services' content, privacy policies, or practices. Accordingly, we do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
We strongly encourage you to read the terms of service and privacy policies of any third party we say we should be doing.
16. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE PRECEDING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
I can tell you that the formatting doesn't affect warranties, WHICH CANNOT BE EXCLUDED OR LIMITED UNDER the APPLICABLE LAW.
17. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE. HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
18. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
You can stop using the Service if you want to terminate your account.
All provisions of Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
19. Governing Law
These Terms shall be governed and construed by the laws of the USA, which governing law applies to an agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
20. Changes To Service
We're right to withdraw or amend our Service and any service or material we provide via Service, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some features of the Service, or the entire Service, to users, including registered users.
21. Amendments To Terms
We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions are made, you agree to be bound by the revised terms, if you don't mind. You can no longer use the Service if you disagree with the new terms.
22. Waiver And Severability
No waiver by the Company of any term or condition outlined in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
Suppose any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, il, legal or unenforceable for any reason. In that case, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
23. Acknowledgement
BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY THE US, YOU COULD KNOW THAT YOU HAVE READ THESE SERVICE TERMS AND AGREE TO BE BOUND BY THEM.
24. Contact Us
Please send your feedback, comments, and requests for technical support by email: support@apollomoda.com.