Terms and Conditions

 

AGREEMENT

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and NEOMANN, on behalf of Neoruby, (“Company”, “we”, “us” or “our), concerning your access to and use of the www.neomann.com website as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected to (the “Site”). You agree that by accessing the Site, you have read, understood and agreed to be bound by all these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY. 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms from time to time where you waive the right to receive specific notice of such change. We advise that you check the applicable terms upon each use of our Site so that you understand which terms apply. You will be subject to, and will be deemed to have been made aware of and accepted these changes in any revised Terms of Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted. 

The information provided on the Site 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 us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws and regulations, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (HIPAA, FISMA etc) so if your interactions would be subjected to such laws, you may not use this site. You may not use the site in a way that would violate the Gramm-Leach-Bliley Act (GLBA.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (collectively, the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, International copyright laws and International conventions. The Content and the Marks and provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the site 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 our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site to download or print a copy of any portion of the Content to which you have properly gained access to solely for your personal, non-commercial use. We reserve the rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Sitee for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username that you select if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable. 

PRODUCTS

We make every effort to display as accurately as possible the colours, features, specifications and details of the products available on the Site. We, however, do not guarantee that the colours, features, specifications and details of the products will be accurate, complete, reliable, current or free of other errors and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• Paypal

You agree to provide current, complete and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update your account and payment information, including email address, payment method and payment card expiration date so that we can complete your transactions and contact you, as necessary. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. 

You agree to pay all chargers at the prices then in effect for your purchases and any applicable shipping fees and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

RETURN POLICY

Please review our Return Policy posted on the Site prior to making any purchases.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

As a user of the Site, you agree not to:

• Systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.
• Trick, defraud or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Disparage, tarnish or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempted to upload or 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 Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation or maintenance of the Site.
• 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.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• 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”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “psms”). 
• Interfere with, disrupt or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimate or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site. 
• Copy or adapt the Site’s software, including but not limited to, Flash, PHP, HTML, JavaScript or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up part of the Site. 
• 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 Site, or using or launching any unauthorized script or other software. 
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Site, 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 the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavors or commercial enterprise.
• Use the Site to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or on this Site including but not limited to, text, writing, video, audio, photographs, graphics, comments, suggestions, personal information or other material (collectively “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, Contributions you transmit may be treated in accordance with the Site Privacy Policy. 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 us, the Site and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of 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 Site and these Terms and Conditions.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable, as determined by us. 
• Your Contributions are not used to harass or threaten, in the legal sense of those terms, any other person and to promote violence against a specific person or class of people.
• 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 violate any applicable law concercing 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 material that violates any provision of these Terms and Conditions, or any applicable law and regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms and Conditions may result in, among other things, termination and suspension of your rights to use the Site and Marketplace Offerings.

CONTRIBUTION LICENSE

You and Site agree that we may access, store, process and use information and personal data that you provide following the terms of the Privacy Policy and your choices, including settings.

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. 

We 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. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Sitee or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We 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 acknowledgement or compensation to you. You hereby waive all moral rights to such Submissions and you hereby warrant that any such Submissions aree original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion, 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 our sole discretion and without limitation, notice or liability to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

PRIVACY POLICY

We care about your data privacy and security. By using the Site or Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms and Conditions. Please be advised the Site and the Marketplace Offerings are hosted in Germany. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use or disclosure that differ from applicable laws in Germany then through your continued use of the Site, you are transferring your data to Germany and you expressly consent to have your data transferred to and processed in Germany. 

TERM AND TERMINATION

These Terms and Conditions shall remain in effect while you use the Site. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Marketplace offerings, 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 of Conditions or of any applicable law or regulation. We may terminate your use or participation in the Site and the Marketplace Offerings or delete your account and any content or information that you posted at any time, without warning or notice, at our sole discretion. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, fake or borrowed, 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, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress. 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or remove the contents of the Site at any time or for any reason at our sole discretion without notice; however, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site or the Marketplace at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Site or Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates or releases in connections therewith. 

GOVERNING LAW

These Terms and Conditions are governed by and interpreted following the laws of Germany and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. You may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Germany, or in the EU country in which you reside. 

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control thee cost of any dispute, controversy or claim related to these Terms and Conditions (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. 

Binding Arbitration

Any dispute arising from the relationship between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration, being party of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the applicable for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Berlin, Germany. The language of the proceedings shall be in English. Applicable rules of substantive law shall be the law of Germany. 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. 

Exceptions to Informal Negotiations and Arbitration

The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court. 

CORRECTIONS 

There may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to the Marketplace Offerings including descriptions, pricing, availability or various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

The Site is provided on an As-is and As-available basis. You agree that your use of the site services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including without limitation, the implied warranties of the merchantability, fitness for a particular purpose, and non-infringement. 

We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to this Site and we will assume no liability or responsibility for any (1) errors, mistakes or inaccuracies of content and material (2) personal injury or personal damage from your access to and use of the site, (3) any unauthorized access to or use of our 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 Site, (5) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Site 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 Site. 

We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website or any website or mobile application featured in any banner or other advertising material and will not be a party to or in any way responsible for monitoring any transaction between you and 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

In no event will we or our directions, employees or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, punitive or special damages, including lost profit, lost revenue, loss of data or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause of the action, will at all times be limited to the amount paid, if any, by you to us. Certain US state laws and international laws do not allow limitations of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you and you may have additional rights. 

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our 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) use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to, intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of such.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data and hereby waive any right of action against us arising from any such loss or corruption of such data. 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Site, sending us 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 we provide to you electronically, via email and on the site, 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 us via the Site. You hereby waive any rights or requirements under any statutes, regulations, rupees, 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. 

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. 

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate to the fullest extent permissible by law. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our 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 us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us 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 US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us.