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Mochabride.com


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

TYPOGRAPHICAL ERRORS
In the event a mochabride.com product is listed at an incorrect price due to a typographical error, a system error, or information received from a supplier, mochabride.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged mochabride.com shall issue you a credit to your credit card in the amount of the incorrect price.

CORRECTION OF ERRORS AND INACCURACIES
The information of the mochabride.com web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

LIMITATION OF LIABILITY
Mocha Bride Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if  Mocha Bride Inc. has been advised of the possibility of damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.  

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mocha Bride Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, Mocha Bride Inc. may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with Mocha Bride Inc., Mocha Bride Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Mocha Bride Inc.  Mocha Bride Inc. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Mocha Bride Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).

TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the site and /or completing the registration or shopping process. These terms and conditions, or any of them may be terminated by mochabride.com without notice at anytime, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE
Mochabride.com may deliver notice to you by electronic mail (e-mail), a general notice on the site, by written communication, or other dependable methods to the address you have provided or that is on record at mochabride.com

COPYRIGHT
All content included in this site, including but not limited to text, graphics or website design is copyrighted as a collective work under the United States and other copyright laws, and is the property of Mocha Bride Inc. The collective work includes works that are licensed to Mocha Bride Inc. Copyright 2011, Mocha Bride Inc.  ALL RIGHTS RESERVED.

The content of the mochabride.com web site, and the site as a whole, are intended solely for the personal, non-commercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, non-commercial use, (2) use these materials for the sole purpose of placing an order with mochabride.com or purchasing mochabride products (3) do not copy or post the content on any network computer or broadcast the content in any media, and (4) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any content or materials is transferred to you as a result of any such activities. Mocha Bride Inc. reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site.

Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written authorization from Mocha Bride Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site

TRADEMARKS
The trademarks, names, logos, and service marks and other marks indicated on our site are trademarks of Mocha Bride Inc. The entire content on this website including, without limitation to the text, graphics, website design, code, icons, and images is the property of or licensed to Mocha Bride Inc. and Mocha Bride, Inc. owns or licenses the copyrights and trade dress rights in the content, the selection, arrangement and compilation thereof.

USE OF SITE
Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Mocha Bride Inc. or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, racially offensive, sexually orientated, pornographic, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.

By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.

SEVERABILITY
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

CONFLICT
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

USE RESTRICTIONS
All of the content you see and hear on the mochabride.com web site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Mocha Bride, one of its affiliates or by third parties who have licensed their materials to Mocha Bride, Inc. The entire content of the mochabride.com web site is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement and enhancement of the content.

WARRANTY DISCLAIMER
This site and the materials and products on this site are provided "AS IS" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Mocha Bride Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Mocha Bride Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Mocha Bride Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.  The above limitations may not apply to you as some states do not permit limitations or exclusions on warranties.

PARTICIPATION DISCLAIMER
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to mochabride.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Mocha Bride Inc. property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Mocha Bride Inc. of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Mocha Bride Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Mocha Bride Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

Mocha Bride Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Mocha Bride Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Mocha Bride Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Mocha Bride Incorporated  in its sole discretion.

DISCLAIMER OF LIABILITY
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

COLORS/DESCRIPTIONS
We have done our best to display as accurately as possible the colors of the products shown on the mochabride.com web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

We will periodically add, change, modify and update this website, including without limitation these Terms of Use and the privacy policies. We try to be as accurate as possible, but we make no warranties or representations that (a) the content, including product descriptions, prices and depictions, are accurate, complete, reliable, current or error-free, (b) any merchandise has any particular approvals, certifications, characteristics, uses, ingredients, or benefits, or (c) any merchandise is of or meets any particular standard, certification, quality or grade, We assume no liability with respect to any of the forgoing.

VARIATIONS
Many of our products are handmade, Mocha Bride Inc. cannot be responsible for variations in color, size, shape, weight or to any accessories added to the product in assembly (stones, crystals, pearls etc). Our customers can be assured that we make every effort possible to control the quality of our products. Package color may also vary and exact coloring cannot be guaranteed since items may have been ordered at different times. Mocha Bride Inc. will not be held responsible for any claim made regarding variations of color of the item or its packaging, or any fees that may arise to remedy any such claims.

ENFORCEMENT OF TERMS AND CONDITIONS
By accessing and using the mochabride.com website you agree to the Terms and Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of New York, United States of America.

MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Mocha Bride Inc. products) shall be in the state or federal courts located in New York City, NY. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Mocha Bride Inc.) must be commenced within one (1) year after the claim or cause of action arises. Mocha Bride Inc.’s failure 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 of these terms and conditions. MochaBride Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.