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Please read these User “Terms and Conditions” which govern this Website.
Do not use this Site if you disagree with any portion of its Terms and Conditions.
These “Terms and Conditions” constitute the terms and conditions between you
("you", "your", "customer") and Monda Studio® (referred to as the "Company," "we," or "us") with respect
to your use of this www.mondastudio.com web site (“Site”). The Company operates this Site as on-line ecommerce
store for beauty supplies. This includes all information, data, materials, documents, products,
images, graphics, logos, button icons, and the underlying intellectual property rights thereto collectively
the "Content".
When you access, use or download any Content from this Site, you are agreeing to be bound by these
Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, we advise that
you do not access this Site or otherwise use or download Content from this Site. We reserve the right to
update or modify these Terms and Conditions as needed, and without prior notice to you. As such, we
advise that you review these Terms and Conditions each time you access the Site: your use of the Site
following such modifications or updates constitutes your acceptance to be bound by these Terms and
Conditions.
A. Copyright.
All website Content is owned exclusively by the Company and Company reserves all copyrights and
other intellectual property rights with respect thereto. Be aware that the collection and arrangement of all
Content is protected by U.S. and international copyright laws. You are permitted to electronically copy
and print portions of this Site in hard copy, for the sole purpose of placing an order with us and/or using
this Site solely as a shopping resource. Any other reproductions from this Site, for purposes other than
those permitted above, is strictly prohibited.
B. Trademarks
www.mondastudio.com and all custom designed page headers, custom graphics and button icons and
custom concepts and collections are service marks and/or trademarks of Company and may not be used
in connection with any product or service that is not offered by Company in any manner that is likely to
cause confusion among consumers, or in any manner that discredits Company. All other trademarks,
product names and company names or logos cited herein are the property of their respective owners.
C. Applicable Law
This Site is created and managed by Company in the State of California, U.S.A. Thus, the laws of
the State of California will govern these Disclaimers, Terms and Conditions, without giving effect to
any principles of conflicts of laws. Company reserves the right to make changes to its Site and these
disclaimers, terms and conditions at any time.
D. Disclaimers
Content: All Content presented by Company is intended to be used for educational or informational
purposes only.
Geographic: This Site is administered by the Company in the County of Los Angeles, California and is
intended solely for users who are U.S. residents. Access to the Site and the Content as well as the terms
of our Privacy Policy may not be legal for some persons or in some countries outside the United States.
If you decide to access and use the Site and Content from outside of the United States, you do so at your
own risk and are solely responsible for complying with all applicable laws and regulations.
Warranty: This Site and the Content are provided “As Is” without any warranties of any kind, expressed
or implied, including without limitation, all implied warranties of merchantability, fitness for a specific
purpose, title and non-infringement, with regard to the Content, products, and all other information
contained on and/or made available through this Site, including but not limited to the availability of this
Site, lack of viruses, Trojan or other code that introduce contaminating or destructive properties, or
any failure to provide the Site or access thereto by users. We do not guarantee the timeliness, validity,
completeness or accuracy of the Content, since we reserve the right to update the Content on this
Site from time to time. As such, information contained on this Site may be out of date and/or contain
inaccuracies or typographical errors. All prices and availability information are subject to change without
notice, the latter due to fluctuating inventory levels once orders are placed.
E. User Representation
You represent and warrant that you are at least 18 years of age and that you possess the legal right and
ability to enter into these Terms and Conditions and to use the Site in accordance with these Terms and
Conditions. You agree to be financially responsible for your use of the Site (as well as for use of your
account by others (whether authorized or unauthorized), including use by any minors living with you) and
to comply with your responsibilities and obligations as stated in these Terms and Conditions.
F. User Rules
We reserve the right to deny you access to any and all parts of this Site and terminate your account,
for any reason or no reason, and at our sole discretion. In addition, the Company does not and cannot
review, and is therefore not responsible for, any communications posted or uploaded to the Site by users.
The following rules shall govern your conduct regarding the use of the Site.
1. Unlawful Purposes. In order to create a hospitable environment for all of our users, certain types of
activities and communications are prohibited. As a condition of your use of the Site, you agree that you
will not use the Content for any purpose that is unlawful or prohibited by these Terms and Conditions.
You also agree that you are responsible for any postings that are sent through your account to any blogs
or forum or any other part of the Site. You may not post or transmit any message which is defamatory to
the Company or which discloses private or personal matters concerning any person other than yourself.
You may not post or transmit any message, data, image or program which is indecent, obscene or
pornographic.
2. Unsolicited Information. This Site may provide opportunities to provide us feedback regarding the Site
and our various offerings and other unsolicited submissions (collectively “Unsolicited Information”). You
may only provide Unsolicited Information that conforms to these Terms and Conditions. We welcome your
comments and feedback concerning the Site, but we do not accept or consider other unsolicited ideas,
including ideas for new advertising campaigns, new promotions, new technologies, processes, materials
or marketing plans. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free,
fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute,
transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited
Information.
3. Prohibition on Use by Minors Age 13 and under. This Site is intended for an adult audience and
CHILDREN AGED 13 AND UNDER ARE NOT PERMITTED TO SUBMIT ANY POSTINGS, PERSONAL
DATA OR UNSOLICITED INFORMATION.
4. Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf
and subject to your direct supervision) to access the Site using your account for any purpose.
5. Infringing user content. You shall not post or transmit any content that would violate the intellectual
property, trade secrets or privacy rights of others, including unauthorized copyrighted text, images
or programs, photographs, signatures, images, likenesses, voice, trade secrets or other confidential
proprietary information, and trademarks or service marks used in an infringing fashion.
6. Interference with Other Users’ Use. You shall not interfere with other users’ use of the Site, including,
without limitation, disrupting the normal flow of dialogue in a communities or forum discussion,
spamming or otherwise using abusive tactics to deter others from participating in the forums or blogs.
Notwithstanding this, users can voluntarily form closed prayer forums, which are inaccessible by other
users without violating this provision.
7. Harmful Code. You may not post or transmit any file to this Site or to any other user which contains
viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
8. Abusive Conduct. You may not post or transmit any message which is harmful, threatening, abusive or
hateful. It is not our intent to discourage users from taking controversial positions or expressing vigorously
what may be unpopular views; however, we reserve the right to take such action as we deem appropriate
in cases where user posted content is being used to disseminate statements which are deeply and widely
offensive and/or harmful. However, we are not obligated to take any action.
9. Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions
for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any
advertising, promotional materials or any other solicitation of other users to use goods or services.
G. Indemnification
You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors,
employees, agents, information providers, partners, advertisers and suppliers (the "The Protected
Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees,
resulting from (a) provision of Unsolicited Information or posting content by you on the Site, or (b) your
use of the Content or Site; and/or (c) your breach of the terms of these Terms and Conditions, (including
infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you
or any other person accessing the Site using your account.
H. Waiver, Release and Limitation of Liability
You agree that none of The Protected Parties shall have any liability to you under any theory of liability
or indemnity in connection with your use of the Site. You hereby release and forever waive any and all
claims you may have against The Protected Parties (including but not limited to claims based upon the
negligence of any of The Protected Parties) for losses or damages you sustain in connection with your
use of this Site. Thus, the total liability of The Protected Parties, if any, for losses or damages shall not
exceed the fees paid by you, the user, to the Company for the particular information, service or product
provided. Under no circumstance shall any of The Protected Parties be liable to you for any indirect,
special, incidental, consequential or punitive damages arising from any use of this Site or its Content.
In addition, none of The Protected Parties will be liable or have any responsibility of any kind for any
losses, damage or destruction of data, including, without limitation, loss of all your user generated
content, that and damages or losses you incur in the event of any failure or interruption of this Site or our
equipment, or resulting from the act or omission of any other party involved in making this Site available
to you or collecting the data contained therein, or from any other cause relating to your access to or your
inability to access the Site, the Content, or your posted content whether or not the circumstances giving
rise to such cause may have been within the control of any of The protected Parties.
Some States do not permit the exclusion of damages or limitation of liability as described above, so
this limitation of liability may not apply to you. If any part of this limitation does not apply to be invalid or
unenforceable, then the aggregate liability of The Protected Parties shall not exceed one hundred ($200)
dollars. Despite the foregoing, any remedy determined to have failed its essential purpose, all Limitations
of Liability, Disclaimers of Liability, and Exclusions of Liability shall remain in effect.
I. Third Party Rights
The provisions of paragraphs G and H are for the benefit of the Protected Parties. Each of the Protected
Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
J. Fraud Protection Program
In an effort to control unauthorized and/or illegal activity, Company screens incoming orders to protect
our customers as well as our company from fraud. If there is reasonable cause to suspect such activity,
Company also reserves the right to decline the order. You will however be notified by our Customer
Service department and may be asked to verify and/or provide information for further verification.
K. Product Information
Availability: Most products displayed on this Site can be ordered and delivered within the U.S. as well as
overseas. In the event that you place an order that cannot be delivered overseas in whole or part, you will
be notified via email.
Pricing: All prices quoted on this Site are in U.S. Dollars. Company has no control over and makes no
guarantees with regard to exchange rates and fees that may be used by financial institutions outside the
continental U.S. for orders placed through them.
Product Information & Use: All of the products purchased from Company should be used in accordance
with the Company’s instructions, precautions and guidelines.
Color Information: Company has taken reasonable measures to ensure accuracy of colors. The manner
in which colors are displayed may vary depending on your monitor.
L. Miscellaneous.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the
State of California, without regarding provisions relating to conflicts of law. You agree that any legal action
or proceeding between the Company and you in regards to these Terms and Conditions or the parties'
obligations hereunder shall be brought exclusively in the state or federal courts located in the County
of Los Angeles, California, USA, and we both expressly consent to such jurisdiction. These Terms and
Conditions constitute the entire Agreement between Company and you with respect to your access and
use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of these
Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify any provision of these Terms and
Conditions. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall
be reformed to the extent necessary to make such provision valid and enforceable when so applied. We
may assign our rights and duties under these Terms and Conditions to any party at any time without
notice to you.
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