Terms and Conditions

1. INTRODUCTION

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

2. INTELLECTUAL PROPERTY RIGHTS

Other than content you own, which you may have opted to include on this Website, under these Terms, Cat Apolinar and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

3. RESTRICTIONS

You are expressly and emphatically restricted from all of the following:

1. publishing any Website material in any media;

2. selling, sublicensing and/or otherwise commercializing any Website material;

3. publicly performing and/or showing any Website material;

4. using this Website in any way that is, or may be, damaging to this Website;

5. using this Website in any way that impacts user access to this Website;

6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Cat Apolinar may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4.   Website Content

“Cat Apolinar” and “Cat Apolinar Vintage” are trademarks or trade dress of Cat Apolinar. All other trademarks appearing on the website are the property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent in each instance. Patents used in connection with the website are the property of their respective owners, which may include us. The website contains copyrighted material, including, without limitation, text, software, photos, images and logos (collectively, the "Content"). This website is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Cat Apolinar and third party content providers also own copyrights in the content original to it.

The website and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content or the website.

Unless otherwise specified, the website and the Content are intended to promote Cat Apolinar Vintage’s products available in the United States of America. 

5. YOUR CONTENT

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Cat Apolinar a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Cat Apolinar reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

6. Errors, Inaccuracies, and Oversights

Dealing with such a vast amount of products, there are times (very rarely) where there are misspellings, inaccuracies or oversights unintentionally. This may be in reference to articles, blog posts, product descriptions, measurements and photos, age of the product, product pricing, inaccurate sales prices and any other possible errors within the description of the product.  We reserve the right to correct any errors, inaccuracies or oversights and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).

7.   Colors of Products

We take great pride in the photography and accuracy of the colors and look of our products. However, we are not able to guarantee that your computer monitor's display of any color will be accurate.

8. NO WARRANTIES

This Website is provided “as is,” with all faults, and Cat Apolinar makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

9. LIMITATION OF LIABILITY

In no event shall Cat Apolinar, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Cat Apolinar, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

10. INDEMNIFICATION

You hereby indemnify to the fullest extent Cat Apolinar from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

11.   Disclaimer

The materials on the website are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Cat Apolinar expressly disclaims any duty to update or revise the materials on the website, although Cat Apolinar may modify the materials at any time without notice. Your use of the website is at your sole risk, and you assume full responsibility for any costs associated with your use of the website. Cat Apolinar shall not be liable for any damages of any kind related to your use of the website.

8. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

12. VARIATION OF TERMS

Cat Apolinar is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

13. ASSIGNMENT

Cat Apolinar shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

14. ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Cat Apolinar and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

15. GOVERNING LAW & JURISDICTION

These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts and you submit to the non-exclusive jurisdiction of the state and federal courts located in Massachusetts for the resolution of any disputes.