WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to the Website of Porcelanosa New York, Inc. (“Porcelanosa”) www.porcelanosa-usa.com (“Website”). This Website intends to be a reliable source for you to learn about Porcelanosa’s products and services. Porcelanosa may modify this Legal Notice at any time, at its discretion and without notice. The use of this Website means acceptance of its terms and conditions. If you do not agree to these terms and conditions, please do not use this Website.
Please review our Privacy Notice, which also governs your visit to this site, to understand our practices.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under age 18, you may use this site only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Porcelanosa 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 the site any content which is libelous, defamatory, obscene, threatening, 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 other organization.
Porcelanosa 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 or liable 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, Porcelanosa 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, Porcelanosa 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 Porcelanosa in its sole discretion. If you do post content or submit material, you grant Porcelanosa a nonexclusive, perpetual, royalty-free, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world and in any media
All content included on this Website, such as text, graphics, logos, button icons, images, digital downloads, power point presentations, data compilations, and software, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Porcelanosa. This Website is intended for personal, non-commercial use. You may print, copy or download any information of this Website for your own non-commercial use or to place an order with Porcelanosa. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site, is strictly prohibited, unless authorized by Porcelanosa. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Porcelanosa respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact us at firstname.lastname@example.org.
Porcelanosa’s trademarks, service marks, trade names and trade dress are protected by applicable law and may not be used in connection with any product or service that is not Porcelanosa’s without written permission by Porcelanosa. All other trademarks not owned by Porcelanosa that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Porcelanosa.
You are hereby consenting to receive communications from us electronically. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
This Website is provided by Porcelanosa on an “as is” and “as available” basis. Porcelanosa makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included in it. You expressly agree that your use of this Website is at your sole risk. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PORCELANOSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Porcelanosa does not warrant that this Website, its servers, or e-mail sent from here are free of viruses. If you believed that you received viruses or other harmful components from this Website please report it emailing email@example.com. In no event, in regard to this website or any other hyperlinked web site, will Porcelanosa be liable to any party of any damages or injury caused by (including but not limited to) any failure of performance, error, omission, direct, indirect, special or other consequential damages.
Certain state laws do not allow limitations in implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you might have additional rights.
License and Site Access
Porcelanosa grants you a limited license to access and make personal use of this Website and its contents. This license does not include any resale or commercial use of this Website or its contents. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of Porcelanosa. Framing techniques to enclose any trademark, logo, images or other proprietary information are strictly prohibited. You may not use any meta-tags or any other “hidden text” utilizing Porcelanosa’s name or trademarks without the express written consent of Porcelanosa. Any unauthorized use terminates the permission or license granted by Porcelanosa under this agreement. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any of the pages of this Website, which will be revoked if the link is portrayed in a false, misleading, derogatory, or otherwise offensive matter. The use of any Porcelanosa logo or image is strictly forbidden.
To obtain written permission to use materials from this Website to promote Porcelanosa products on your own site, you may email firstname.lastname@example.org.
If you are about to make a personal use of the content presented in this Website you are doing it at your own risk. While Porcelanosa uses reasonable efforts to include accurate and up-to-date information on the Site, Porcelanosa makes no warranties or representations as to its accuracy. Porcelanosa assumes no liability or responsibility for any errors or omissions in the content on the Site. The information and material in this side may contain typographical errors or inaccuracies. Porcelanosa may discontinue or change any product or service described in or offered on this Website at any time.
Porcelanosa makes no representations whatsoever about any other Website which you may access through this one. When you access a website other than this Website, please understand that Porcelanosa has no control over the content on that website. In addition, a link to a non-Porcelanosa website does not mean that Porcelanosa endorses or accepts any responsibility for the content, or the use, of such Website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses and other items of a destructive nature.
Limitation of Liability
PORCELANOSA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF PORCELANOSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Porcelanosa, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ 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.
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 part of them, may be modified or terminated by Porcelanosa without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Your use of this site, and any claims or disputes arising hereunder or in connection herewith, 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 Porcelanosa products) shall be in the state or federal courts located in New York, and you hereby waive any claim of improper venue or inconvenient forum to the full extent permitted by law. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Porcelanosa products) must be commenced within one (1) year after the claim or cause of action arises. Porcelanosa’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. Porcelanosa may assign its rights and duties under these terms and conditions to any party at any time without notice to you.
Copyright 2016 Porcelanosa
ALL RIGHTS RESERVED