TERMS AND CONDITIONS
The following Terms and Conditions of use apply to the Shimansky Website found at www.shimansky.com and all associated Shimansky websites, its subsidiaries and affiliates. Please read these Terms and Conditions of use carefully. By using this Website you agree to be bound to these terms.
These Terms and Conditions of use govern your use of the Shimansky Website (hereafter referred to as the ‘Website’) and constitute an agreement between you and Shimansky. Shimansky reserves the right to change or modify any of these Terms and Conditions of use or any policy or guideline of the Website at any time, and in its sole discretion without prior notice. Any change or modification will be effective immediately upon posting of the revisions on the Website. Your continued use of the Website following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions of use and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended Terms and Conditions of use, you must stop using the Website.
PRODUCT PRICING AND INFORMATION
While every effort has been taken to ensure that the information and prices displayed on the Website are true and current, it is possible that there may be errors whether due to data-entry or system errors. We reserve the right to correct any and all errors when they do occur, and we do not honour inaccurate or erroneous prices. If you have any questions, please do not hesitate to contact us via our contact page.
IMAGES AND CONTENT
Some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, colour and size may vary.
The Website and all content and other materials, including, without limitation, the Shimansky logo, and all designs, text, graphics, pictures, images, selection, coordination, ‘look and feel’, information, data, software, copy, content, other files and the selection and arrangement thereof (collectively, the “Website Materials”) are the proprietary property of Shimansky or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
All trademarks of Shimansky and its licensors may not be copied, imitated or used, in whole or in part, without the prior written permission from Shimansky. You may not use any meta tags or any other “hidden text” utilising “Shimansky” or any other name, trademark or product or service name of Shimansky without our prior written permission. All other trademarks, registered trademarks, product names and Shimansky names or logos mentioned in our Website are the property of their respective owners.
USE OF WEBSITE
You are granted a personal, limited, non-sub-licensable license to access and use our Website and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Website Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions of use and does not include:
(a) any resale or commercial use of our Website or the Website Materials therein;
(b) the collection and use of any product listings, pictures or descriptions for commercial purposes;
(c) the distribution, public performance or public display of any Website Materials;
(d) modifying or otherwise making any derivative uses of our Website and the Website Materials, or any portion thereof;
(e) use of any automated means to access, monitor or interact with any portion of our Website, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods;
(f) downloading (other than the page caching) of any portion of our Website, the Website Materials or any information contained therein, except as expressly permitted on our Website;
(g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimises, covers, or frames or inhibits the full display of our Website;
(h) use our Website in any way which interferes with the normal operation of our Website and business; or
(i) any use of our Website or the Website Materials other than for its intended purpose. Any use of our Website or the Website Materials other than as specifically authorised herein, without the prior written permission of Shimansky, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions of use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Shimansky may provide links to web pages and content of Third Parties (‘Third Party Content’) as a service to those interested in this information. Shimansky does not monitor or have any control over any Third Party Content or Third Party Website. Shimansky does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Shimansky does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Should Shimansky run any promotions or special offers in conjunction with Third Parties on the Website, your business dealings or correspondence with, or participation in promotions of, advertisers other than Shimansky, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Third Party. Shimansky is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Shimansky advertisers on our Website.
If you post User Content to our Website, unless we indicate otherwise, you grant Shimansky and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Shimansky and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that:
(a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to our Website;
(b) the User Content is accurate and not misleading; and
(c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify and hold harmless Shimansky, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Content you post, store or otherwise transmit on or through our Website or your use of or inability to use our Website, including without limitation any actual or threatened suit, demand or claim made against Shimansky and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions of use or your violation of the rights of any Third Party.
DISCLAIMER OF WARRANTY
This Website, the content contained herein and the products and services offered are provided on an “as is” basis without warranties of any kind, either expressed or implied (unless otherwise stated). Shimansky disclaims all other warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content and materials on our Website. Shimansky does not represent or warrant that products, materials or the services are accurate, complete, reliable, current or error-free. Shimansky does not represent or warrant that our Website and/or servers are free from viruses or other harmful components.
LIMITATION OF LIABILITY
Shimansky, its directors, members, employees or agents shall not be liable for any direct, indirect, special or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, loss of data whether in an action of contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected to the use of our Website, the products and services including without limitation any damages caused by or resulting from reliance by user on any information obtained from Shimansky, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether resulting from an act of God or not, communications failure, theft, destruction or unauthorised access to Shimansky’s records, programs and/or services.