LAST UPDATED: (01/10/2021)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://womanandthoughts.com website (“the website”, “service”) operated by Zahra Pedram Jafari (“I”, me”, “my”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the website and using service is offering through the website.
I reserve the right, in my sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. I will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the website after the date such revised Terms and Conditions are posted.
The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject me to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The website is intended for users who are at least 18 years old. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the website. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the website.
By accessing or using the website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Privacy Policy
I care about data privacy and security. By using the website, you also agree to be bound by the website’s Privacy Policy, which found at Privacy Policy and are incorporated herein by reference.
If you access the website from the United States, European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Australia, then through your continued use of the website, you are transferring your data to the WordPress’s servers , and you expressly consent to have your data transferred to and processed by WordPress.com (Automattic Inc) .
Intelectual Propert Rights
Unless otherwise indicated, the website is my proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by me or licensed to me, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Australia, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the website “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without my express prior written permission.
Provided that you are eligible to use the website, you are granted a limited license to access and use the website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. I reserve all rights not expressly granted to you in and to the website, the Content and the Marks.
User Presentations, Terms Of Sales and Payment
By using the website and/or placing an order to purchase a product, you represent and warrant that:
(1) you are of legal age to form a binding contract;
(2) all registration information you submit will be true, accurate, current, and complete;
(3) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(4) you have the legal capacity and you agree to comply with these Terms and Conditions;
(5) you are not under the age of 13;
(6) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the website;
(7) you will not access the website through automated or non-human means, whether through a bot, script, or otherwise;
(8) you will not use the website for any illegal or unauthorized purpose;
(9) your use of the website will not violate any applicable law or regulation;
(10) The credit card information you supply to us is true, correct and complete;
(11) you are duly authorized to use such credit card for the purchase;
(12) charges incurred by you will be honored by your credit card company;
(13) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Prices and Payment Terms
Prices posted on this Website may be different than the prices for the products that are offered on other websites or in physical retail establishments. All prices, discounts and promotions posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes, duties, charges for shipping and handling or other similar expenses. All such taxes and charges will be added to your order total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within my sole discretion and payment must be received by me before my acceptance of an order. I accept most major credit/debit cards, as well as PayPal , Google Pay and Apple Pay, for all purchases.
Order Acceptance and Cancellation
To receipt by you of an order confirmation does not constitute of an acceptance of an order. I retain the right to refuse any order request made by you. Prior to my acceptance of an order, verification of information may be required. I reserve the right at any time after receipt of your order to accept, modify or decline your order or any portion thereof, even after your receipt of an order confirmation, for any reason whatsoever. I reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, I have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. if payment has already been made or if your account has already been charged for the purchase and the order is cancelled, I will credit your account in the amount of the incorrect price.
If you provide any information that is untrue, inaccurate, not current, or incomplete, I have the right to suspend or terminate your account and refuse any and all current or future use of the website or any portion thereof.
Warranty Disclaimers
ALL PRODUCTS OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Shipments AND Delivery
We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order.
Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Please refer to Shipment & Delivery for more details.
Refund AND Return
I aim to provide my customers with premium quality products and ensure that you are fully satisfied with your purchase and my services. If your order seems incorrect or damaged when received, I will offer a replacement (if product is in stock) or refund, at my discretion. So that I could process your request, please:
let me know that you’ve received an incorrect or damaged product by email within 48 hours of receipt of the relevant order;
Any refunds we issue will be credited to the original payment method. Refunds will be in the amount of the product price paid. Please note that refunds can take up to 5 working days to appear in your account due to varying processing times between payment providers.
If you would like to change or cancel an order after purchase, contact me immediately after placing the order and within 12 hours. You would be responsible to pay for any transaction fees charged by financial institutions (Banks, Paypal, etc.)
Please refer to Refund & Returns Policy for more details about return conditions and return and refund process before going ahead.
USER REGISTRATION
You may be required to register with the website. You agree to keep your password confidential and will be responsible for all use of your account and password. I reserve the right to remove, reclaim, or change a username you select if I determine, in my sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the website for any purpose other than that for which I make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by me.
As a user of the website, you agree not to:
- systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from me.
- make any unauthorized use of the website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- use a buying agent or purchasing agent to make purchases on the website.
- use the website to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the website and/or the Content contained therein.
- engage in unauthorized framing of or linking to the website.
- trick, defraud, or mislead me and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of my support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the website in order to harass, abuse, or harm another person.
- use the website as part of any effort to compete with me or otherwise use the website and/or the Content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website.
- attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website.
- harass, annoy, intimidate, or threaten any of my employees or agents engaged in providing any portion of the website to you.
- delete the copyright or other proprietary rights notice from any Content.
- copy or adapt the website software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the website, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in my opinion, me and/or the website.
- use the website in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The website may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the website
Contributions may be viewable by other users of the website and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize me, the website, and other users of the website to use your Contributions in any manner contemplated by the website and these Terms and Conditions.
- you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the website and these Terms and Conditions.
- your Contributions are not false, inaccurate, or misleading.
- your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- your Contributions do not violate any applicable law, regulation, or rule.
- your Contributions do not violate the privacy or publicity rights of any third party.
- your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the website in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the website.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the website or making Contributions accessible to the website by linking your account from the website to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to me an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes my use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
I do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. I am not liable for any statements or representations in your Contributions provided by you in any area on the website.
You are solely responsible for your Contributions to the website and you expressly agree to exonerate me from any and all responsibility and to refrain from any legal action against me regarding your Contributions.
I have the right, in my sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the website; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. I have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
I may provide you areas on the website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements;
(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
I may accept, reject, or remove reviews in my sole discretion. I have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by me, and do not necessarily represent my opinions or the views of any of my affiliates or partners. I do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to me a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
SOCIAL MEDIA
As part of the functionality of the website, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the website; or (2) allowing the website to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to the website and/or grant the website access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating me to pay any fees or making m subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting the website access to any Third-Party Accounts, you understand that (1) the website may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the website via your account, including without limitation any friend lists and (2) the website may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the website.
Please note that if a Third-Party Account or associated service becomes unavailable or the website access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the website. You will have the ability to disable the connection between your account on the website and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
I make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and I am not responsible for any Social Network Content.
You acknowledge and agree that the website may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the website.
You can deactivate the connection between the website and your Third-Party Account by contacting me using the contact information below or through your account settings (if applicable). I will attempt to delete any information stored on the website servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website (“Submissions”) provided by you to the website/me are non-confidential and shall become my sole property. I shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against me for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The website may contain (or you may be sent via the website) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by me, and I are not responsible for any Third-Party Websites accessed through the website or any Third-Party Content posted on, available through, or installed from the website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by me. If you decide to leave the website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the website or relating to any applications you use or install from the website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and I take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that I do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold me harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
ADVERTISERS
I allow advertisers to display their advertisements and other information in certain areas of the website, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the website and any services provided on the website or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the website, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
As an advertiser, you agree that such advertisements are subject to the Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. I simply provide the space to place such advertisements, and I have no other relationship with advertisers.
SITE MANAGEMENT
I reserve the right, but not the obligation, to:
(1) monitor the website for violations of these Terms and Conditions;
(2) take appropriate legal action against anyone who, in my sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
(3) in my sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in my sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to the systems;
(5) otherwise manage the website in a manner designed to protect my rights and property and to facilitate the proper functioning of the website.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY NOTIFICATION
I respect the intellectual property rights of others. If you believe that any material available on or through the website infringes upon any copyright you own or control, please immediately notify me using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the website infringes your copyright, you should consider first contacting an attorney.
Even though this website is an Australian owned, the hosting is managing by WordPress.com (Automattic Inc) which is an American global distributed company and all Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the website are covered by the Notification, a representative list of such works on the website;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit me to locate the material;
(4) information reasonably sufficient to permit me to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
COUNTER NOTIFICATION
If you believe your own copyrighted material has been removed from the website as a result of a mistake or misidentification, you may submit a written counter notification to me using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which I are located;
(3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
(6) your physical or electronic signature.
If you send me a valid, written Counter Notification meeting the requirements described above, I will restore your removed or disabled material, unless I first receive notice from the party filing the Notification informing me that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
My contact information:
Zahra Pedram Jafari
Subject: Copyright
zahrapedramjafari@gmail.com
COPYRIGHT INFRINGEMENTS
I respect the intellectual property rights of others. If you believe that any material available on or through the website infringes upon any copyright you own or control, please immediately notify me using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the website infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, I RESERVE THE RIGHT TO, IN MY SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. I MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN MY SOLE DISCRETION.
If I terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, I reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
I reserve the right to change, modify, or remove the contents of the website including prices, product descriptions, stock quantities at any time or for any reason at my sole discretion without notice. However, I have no obligation to update any information on my website. I also reserve the right to modify or discontinue all or part of the website without notice at any time.
I will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website.
I cannot guarantee the website will be available at all times. I may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors.
I reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the website at any time or for any reason without notice to you. You agree that I have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website during any downtime or discontinuance of the website.
Nothing in these Terms and Conditions will be construed to obligate me to maintain and support the website or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms and Conditions and your use of the website are governed by and construed in accordance with the laws of Australia applicable to agreements made and to be entirely performed within Commonwealth of Australia, without regard to its conflict of law principles.
ACCURACY OF INFORMATION AND CORRECTIONS
I do my best to make sure that information on the website is complete. Despite my effort, however, there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to the website, including descriptions, pricing, availability, and various other information. I reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
The inclusion of any products or services on the website at a particular time doesn’t imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
I also make all reasonable effort to accurately display the attribute of the products, including the applicable colors. However, the actual color you see will depend on your computer system, and I cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the website.
DISCLAIMER
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND the SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND I WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE (7)DELAY OR DENIAL OF ANY PRODUCTS OR SERVICES. I DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND I WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL I OR SUCCESSOR, EMPLOYEES, JOINT VENTURE PARTENERS, OR ANYONE ELSE WORKING WITH ME BE LIABLE TO YOU OR ANY THIRD PARTY FOR A ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE INCLUDING BUT NOT LIMITED TO ALL THE CONTENT, INFORMATION, PRODUCTS, SERVICES AND GRAPHICS PRESENTED HERE AND/OR ANY INACCESSIBILITY OF, INTERRUPTION TO OR OUTAGE OF THE WEBSITE AND/OR ANY LOSS OR CORRUPTION OF DATA AND/OR THE FACT THAT THE CONTENT IS INCORRECT, INCOMPLETE OR OUT-OF-DATE.
INDEMNIFICATION
You agree to defend, indemnify, and hold me harmless, including my subsidiaries, affiliates, and all of my respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1)your Contributions; (2) use of the website; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website.
Notwithstanding the foregoing, I reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify me, and you agree to cooperate, at your expense, with my defense of such claims. I will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
The website will maintain certain data that you transmit to the website for the purpose of managing the website, as well as data relating to your use of the website. Although Hosting service provider (“WordPress.com”, ” Automattic Inc”) perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website.
You agree that I shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against me arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the website, sending me emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications I provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY ME OR VIA THE WEB.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by me on the website constitute the entire agreement and understanding between you and me. My failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. I may assign any or all of my rights and obligations to others at any time. I shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond my reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and me as a result of these Terms and Conditions or use of the website. You agree that these Terms and Conditions will not be construed against me by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
CONTACT ME
If you have any questions about these Terms, you can reach me through options provided on the Contact page. Don’t forget to mention word “Terms” on the subject line.
For creating these terms and conditions Termly has been used.
