Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE. THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE. THESE TERMS OF USE HAVE A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES.

 

Welcome to KorinaPapoulis. We (“KorinaPapoulis,” “our” or “we”) provide you access and use of this website (the “Site”) subject to these Terms of Use (the “Terms”). By accessing or using the Site, you agree to abide by these Terms, as they may be amended by KorinaPapoulis from time to time in its sole discretion, and that such agreement constitutes a binding contract between you and KorinaPapoulis. In addition, when visiting or using certain Site features, you may be subject to additional posted agreements, guidelines, rules or terms of service. All such agreements, guidelines, rules or terms of service, as they may be amended by KorinaPapoulis from time to time in its sole discretion, are hereby incorporated by reference into these Terms. It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable or you do not have authority to agree or accept these Terms, you may not use the Site.

LICENSE AND ACCESS TO SITE

KorinaPapoulis grants you a limited noncommercial, nonexclusive, nontransferable license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of KorinaPapoulis.

REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY

In consideration of your use of the Site, you represent and agree that you: (i) are of legally sufficient capacity to form a binding contract; (ii) are at least 18 years of age; and (iii) you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. If you make a purchase on the Site, you agree to complete the checkout process by providing true, accurate and complete information requested on the checkout page (“Checkout Data”).

MERCHANDISE DESCRIPTIONS AND PRICING

KorinaPapoulis strives for the Site to be as accurate as possible. However, KorinaPapoulis does not represent or warrant that merchandise descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. For example, merchandise included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell merchandise or services. We reserve the right, without prior notice, to limit the order quantity on any merchandise or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. Despite our best efforts, a small number of the items on our Site may be priced incorrectly. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the merchandise ordered will be used only in a lawful manner. The Gemological Institute of America, American Gem Society Laboratory and the European Gemological Laboratory are established and respected specialists in the analysis and grading of diamonds and gem stones, but it is possible that they can make a mistake. KorinaPapoulis DOES NOT REPRESENT, WARRANT OR CERTIFY THE ACCURACY OF ANY DIAMOND GRADING REPORT OR ANY OTHER THIRD PARTY REPORTS.

PAYMENT TERMS; INTEREST; ORDERS

Terms of payment are within KorinaPapoulis sole discretion, and unless otherwise agreed to by KorinaPapoulis, payment must be received by KorinaPapoulis prior to KorinaPapoulis acceptance of an order. Payment for merchandise orders will be accepted via credit/debit card and wire transfer. Your order is subject to cancellation by KorinaPapoulis at KorinaPapoulis sole discretion. All amounts due are payable in EURO. Any amount not paid when due will be subject to a finance charge of one and one-half percent (1-1/2%) per month, or the maximum amount allowed by law if lower, for the unpaid balance due. You shall be responsible for any expenses and/or fees (including but not limited to attorneys’ fees), incurred by KorinaPapoulis in collecting past due amounts from you.

SHIPPING; RISK OF LOSS; TITLE; TAXES; INTERNATIONAL SALES

Shipping and handling charges are included for sales into the U.S. and Canada. Shipping and handling charges are not included for sales outside of the U.S. and Canada; however, KorinaPapoulis provides a $50.00 shipping credit. Shipping dates are estimates only. Risk of loss and title for all items purchased from KorinaPapoulis pass to you upon delivery by the carrier. You are responsible for any sales, use, GST, value-added, personal property or other tax or levy imposed on all orders. Title to all intellectual property rights remain with the applicable licensor(s). Sales outside of the U.S. and Canada are subject to our International Buyer Policy, which is incorporated herein by this reference.

PRIVACY POLICY

KorinaPapoulis is committed to maintaining the privacy and security of information that you provide to Fuller’s Jewelry through the Site. Checkout Data and certain other information about you are subject to our Privacy Policy. By using the Site you consent to the collection and use of this information (as set forth in the Privacy Policy), including the transfer of this information to or from the United States and/or other countries for storage, processing and use by KorinaPapoulis.

USE OF SOFTWARE

KorinaPapoulis may make certain software available to you from the Site. If you use software on or from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by KorinaPapoulis, or its licensors, for your limited, personal, nonexclusive, nontransferable use only. Using the Software is at your sole risk.

 

USE RESTRICTIONS

KorinaPapoulis imposes certain restrictions on your permissible use of the Site. You represent and agree that you will not:
(i) use the Site in connection with any commercial endeavor, unless you have a prior written agreement with KorinaPapoulis signed by an representative of KorinaPapoulis;
(ii) market or distribute access to the Site or any portion thereof;
(iii) assign; sublicense, sell, lease or otherwise transfer or convey your rights under these Terms;
(iv) violate or attempt to violate any security feature of the Site;
(v) access or attempt to access any content, data, programs or other KorinaPapoulis systems not intended for you, or log onto a server or account that you are not expressly authorized to access;
(vi) attempt to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization;
(vii) damage, disable, overburden or impair the Site or interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(viii) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by KorinaPapoulis in providing the Site;
(ix) attempt to modify, copy, distribute, transmit, display, perform, reproduce, publish, rent, lease, loan, license, or create derivative works based on the Site;
(x) frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases, KorinaPapoulis IP (as defined below) or other lists, merchandise or services provided through or obtained from the Site, or engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information from the Site;
(xi) use any meta tags or any other “hidden text” utilizing KorinaPapoulis IP (as defined below) without the express written consent of KorinaPapoulis;
(xii) engage in, encourage others to engage in, or provide instructional information about, conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or any regulation having the force of law;
(xiii) harm minors in any way or solicit personal information from or about a minor;
(xiv) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(xv) send email messages or use the Site in any manner which intentionally or unintentionally violates any applicable local, state, national or international law or regulation (including without limitation, policies and laws related to spamming, privacy, obscenity or defamation);
(xvi) send email messages or make posts that contain falsified or misleading routing information, a return address that is either invalid or belongs to a third party and is used without permission, a misleading subject line and/or body copy, or promote a fraudulent scheme; and
(xvii) upload, download, post, email, transmit or otherwise make available any materials that: (a) are inappropriate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, offensive, sexually explicit, promote gambling, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or (e) infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party. You are solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your user identification. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
You further agree that you will not create links from any website or web page to the Site, except that you are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site (“Homepage”); provided that (i) the link does not portray KorinaPapoulis, or its merchandise or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) except as provided herein, you may not use any KorinaPapoulis logo or other proprietary graphic or trademark as part of the link without express written permission; and (iii) the link to the Homepage must be accompanied by a clear and prominent attribution at the point of origin indicating that the link is connected to the Homepage. For example, prominently positioning the KorinaPapoulis ™ trademark such that there is clear association between the trademark and the destination of the link would be acceptable. You agree that you will not juxtapose the KorinaPapoulis ™ mark and the link with your name or any other material(s) in a manner which might create any confusion that there is any affiliation or association between KorinaPapoulis, and you or any other person or entity. If KorinaPapoulis, for any reason in its sole and absolute discretion, requests in writing that you remove any link or links to the Site, you agree to promptly comply. You agree that if you create any link to the Site that you will not employ any technology that results in the placement of content from the Site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the Site content from how it normally appears in a browser.
KorinaPapoulis reserves the right to investigate suspected violations of these Terms; provided, however, KorinaPapoulis is under no obligation to do so. If KorinaPapoulis becomes aware of a possible violation, KorinaPapoulis may initiate an investigation which may include gathering information from you or companies involved and the complaining party. If KorinaPapoulis believes, in its sole discretion, that a violation of these Terms has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of your access to the Site and/or deleting any materials from KorinaPapoulis system. KorinaPapoulis, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Terms could also subject you to criminal or civil liability. KorinaPapoulis reserves the right to release the contact information of users involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. KorinaPapoulis intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
If you breach these Terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site, you acknowledge that you will have caused substantial harm to KorinaPapoulis, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay KorinaPapoulis $50.00 for each such unsolicited email or other unsolicited communication you send through the Site.

USER SUBMISSIONS

Any comments, feedback, suggestions and ideas disclosed, submitted or offered to KorinaPapoulis in connection with your use of the Site (collectively “Submissions”) shall be owned exclusively by KorinaPapoulis. You agree that KorinaPapoulis shall: (i) not be under any obligation of confidentiality, express or implied, with respect to the Submissions; (ii) be entitled to use or disclose Submissions for any purpose, without restriction worldwide; and (iii) not owe you any compensation or reimbursement of any kind under any circumstances for use or disclosure of Submissions.

THIRD PARTY SERVICES AND SITES

The Site may provide links to other websites or resources. Your business dealings with any third party, third party website or third party content (collectively “Third Party”) found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such Third Party. KorinaPapoulis makes no endorsement or guarantee about the content, goods or services provided by such Third Party. KorinaPapoulis shall not be responsible for any loss or damage of any sort incurred as the result of: (i) any dealings or transaction between you and any Third Party or as the result of the presence of such Third Party on the Site; (ii) any insufficiency of or problems with any such Third Party’s background, insurance, credit or licensing; or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release KorinaPapoulis, its parent, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Unless expressly provided otherwise, these Terms govern your use of any and all third party content.

STORAGE AND ACCESS

KorinaPapoulis shall have no responsibility or liability for the deletion or failure to store any account, messages, postings, communications or other content maintained or transmitted by the Site.

MODIFICATIONS

KorinaPapoulis may, in its sole discretion and without prior notice, (i) revise these Terms; (ii) modify the Site; and (iii) discontinue any of the Site, or any of its constituent parts, including, without limitation, any merchandise featured on the Site, at any time. KorinaPapoulis shall post any revision to these Terms, and the revised Terms shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. Your continued use of any of the Site shall constitute your acceptance of the revised Terms. If you do not agree to any of such changes, you may terminate these Terms and immediately cease all access and use of the Site. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to these Terms.

TERMINATION

You acknowledge and agree that KorinaPapoulis may at any time in its sole discretion terminate your access to and use of the Site, or any part thereof, with or without notice. You agree that upon termination KorinaPapoulis may delete all files and information related to your use, if any, and may bar your access to the Site, and that you will immediately destroy any KorinaPapoulis Software in your possession or control.

PROPRIETARY RIGHTS

The design of the Site and all text, graphics, images, information, content, and other material displayed on or that can be downloaded from the Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of the owner of such material. The software, technology components and contents of the Site are copyright 2020, KorinaPapoulis, Inc. or its licensors. All rights reserved. You agree that as between the parties, KorinaPapoulis is the exclusive owner of the Site, Software and all constituent parts, including without limitation, all software code, all photographs, videos and any other content on the Site, HTML scripts, the uniform resource locators (URL’s) for the Site, the organization and layout of the Site, all KorinaPapoulis trademarks (including without limitation KorinaPapoulis ™ and the KorinaPapoulis ™ logo), trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively the “KorinaPapoulis IP”). Any goodwill attached to, or generated by, such KorinaPapoulis IP is owned exclusively by KorinaPapoulis, or its licensors, and shall inure solely to the benefit of KorinaPapoulis, or its licensors. Nothing contained herein or on the Site should be understood as granting you any right or license to any of the KorinaPapoulis IP, except as expressly granted herein. All rights not expressly granted herein are reserved by KorinaPapoulis, or its licensors. KorinaPapoulis, or its licensors, retains full and complete title to the KorinaPapoulis IP. Except as expressly allowed by governing law, you shall not: (i) use or copy the KorinaPapoulis IP in any manner not specifically set forth herein; (ii) include KorinaPapoulis IP in your corporate name, within a domain name or within any part of URL’s; (iii) obtain, use, register, or otherwise acquire any trade names, trademarks, service marks, and/or trade dress that are confusingly similar to KorinaPapoulis IP; (iv) have any claim of ownership in the KorinaPapoulis IP; or (v) sell, redistribute, transfer, sublicense or reproduce the KorinaPapoulis IP, nor may you decompile, reverse-engineer, disassemble, or otherwise convert any of the KorinaPapoulis IP to a human-perceivable form. These Terms do not limit any rights that KorinaPapoulis may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any sponsor advertisements or information that may have been presented to you through the Site, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE MERCHANDISE AVAILABLE THEREIN ARE AT YOUR SOLE RISK. THE SITE AND THE MERCHANDISE AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INFORMATION, SOFTWARE, MERCHANDISE, AND SERVICES CONTAINED ON THE SITE MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, KorinaPapoulis, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS: (A) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) MAKE NO WARRANTY THAT (I) THE SITE OR THE MERCHANDISE AVAILABLE THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY MERCHANDISE, SERVICE OR INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT OR TIMELY, (IV) THE QUALITY OF ANY MERCHANDISE, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE FIXED; AND (C) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE AGREEMENT OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KorinaPapoulis MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. KorinaPapoulis IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KorinaPapoulis OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KorinaPapoulis, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR OTHER WEBSITE(S) YOU ACCESS THROUGH THE SITE, CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF KorinaPapoulis HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) ANY INFORMATION, MERCHANDISE AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SITE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (VI) MERCHANDISE DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, MERCHANDISE MISUSE, ABUSE, MERCHANDISE MODIFICATION, IMPROPER MERCHANDISE SELECTION, NON-COMPLIANCE WITH ANY REGULATIONS OR CODES, OR MISAPPROPRIATION; (VII) PERSONAL INJURY RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND/OR MERCHANDISE; (VIII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IX) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (X) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE; (XI) AND/OR (XI) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE MERCHANDISE.
IN NO EVENT SHALL KorinaPapoulis, ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS, HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY. YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM KorinaPapoulis, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF THE AGREEMENT OR TERMINATION OF YOUR ACCESS TO THE SITE, ALL OF WHICH YOU EXPRESSLY WAIVE. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION 17 HAS MATERIALLY INDUCED KorinaPapoulis TO ENTER INTO THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, KorinaPapoulis LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

INDEMNITY

You agree to defend, indemnify and hold KorinaPapoulis, its parent, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors, harmless from and against any and all claims, demands, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Site, your connection to the Site, your violation of the terms of these Terms, or your violation of any third party’s rights, including but not limited to infringement of any intellectual property right, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of these Terms.

 

GENERAL INFORMATION

Entire Agreement

These Terms and any documents referenced herein constitute the entire agreement between you and KorinaPapoulis and govern your use of the Site (including, without limitation, all purchases made through the Site), superseding any prior agreements between you and KorinaPapoulis (including, but not limited to, any prior versions of these Terms) with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other KorinaPapoulis services or merchandise, third-party content or third-party software. In the event any term contained in these Terms conflicts with any other term contained in any other agreement referenced in these Terms, the terms of this agreement shall control. Except as otherwise provided in these Terms, these Terms may only be modified in a writing signed by an authorized officer of KorinaPapoulis.

Consent to Email Communications

You consent to receive communications from KorinaPapoulis electronically and agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Assignment; Waiver

You may not assign these Terms or any rights granted herein. KorinaPapoulis may assign or transfer these Terms or its rights or obligations hereunder without notice and without your prior approval. These Terms are for the sole benefit of the parties hereto and do not create any third-party beneficiaries, whether intended or incidental. These Terms will inure to the benefit of KorinaPapoulis and its successors and assigns. The failure of KorinaPapoulis to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Governing Law

THE VALIDITY, CONSTRUCTION, INTERPRETATION, AND PERFORMANCE OF THIS AGREEMENT WILL BE EXCLUSIVELY GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE DOMESTIC LAWS OF THE STATE OF MICHIGAN, EXCEPT AS TO ITS PRINCIPALS OF CONFLICTS OF LAWS, AND WITHOUT REGARD TO THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.

Injunctive Relief

You hereby acknowledge that a breach of these Terms may cause irreparable harm and significant injury to KorinaPapoulis that may be difficult to ascertain, and that a remedy at law may be inadequate. Accordingly, you agree that KorinaPapoulis shall be entitled, without waiving any additional rights or remedies otherwise available to KorinaPapoulis at law or in equity and without the necessity of posting bond, to seek injunctive and other equitable relief in the event of a breach or intended or threatened breach by you.

Arbitration

Except in the case of legal action brought by KorinaPapoulis to obtain injunctive or other equitable relief of whatsoever kind, all of which may be brought in any court or other tribunal of competent jurisdiction, ANY CONTROVERSY, CLAIM, DISPUTE OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THEIR SUBJECT MATTER SHALL BE SUBMITTED TO THE COURT OF GREECE LOCATED IN, OR CLOSEST TO, ATHENS, AND WILL BE SETTLED BY ARBITRATION TO OCCUR IN ATHENS, GREECE, SAID ARBITRATION TO BE ADMINISTERED BY THE GREEK COMMERCIAL ARBITRATION RULES, IN EFFECT AT THE TIME OF THE ARBITRATION, THE LAWS OF GREECE GOVERNING SUCH ARBITRATIONS, AND IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. SUCH ARBITRATION MUST BE FILED WITHIN TWELVE (12) MONTHS OF THE FIRST ACCRUAL OF THE CAUSE OF ACTION, AND THE PARTIES AGREE THAT THE STATUTE OF LIMITATIONS FOR ANY CAUSE OF ACTION BROUGHT PURSUANT TO, IN CONNECTION WITH, OR RELATING TO A DISPUTE WILL BE TWELVE (12) MONTHS FROM THE FIRST ACCRUAL OF THE CAUSE OF ACTION, NOTWITHSTANDING ANY STATUTE TO THE CONTRARY.

Legal Compliance

You agree to comply with all local laws and rules regarding online conduct and acceptable content. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms. The Site is controlled and operated by KorinaPapoulis from its offices in the Rhodes, in Greece. KorinaPapoulis makes no representation that any of the Site (including, without limitation, any merchandise or services available on or through the Site) are available or appropriate for use outside of the United States of America. If you access the Site from outside the United States of America, you do so on your own initiative and must bear all responsibility for compliance with local laws, if applicable. Your use of or access to the Site should not be construed as KorinaPapoulis purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Athens,Greece.