Effective March 1, 2020
Welcome to ZaharahZahairah. Web Sites, which include but are not limited to ZaharahZahairah.com and any ZaharahZahairah mobile applications (the "Sites"). Please review the following terms and conditions that govern your use of and purchase of products from our Sites, including the ARBITRATION AGREEMENT. Please note that your use of our Sites constitutes your agreement to follow and be bound by these terms (the "Agreement").
We may change the terms of this agreement. Those changes will go into effect on the effective date shown in the revised Agreement. Your use of our Sites following any such change constitutes your agreement to follow and be bound by the Agreement as changed. We may change, move or delete portions of, or may add to our Sites from time to time.
You must be at least 15 years old to use the Sites. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to this Agreement on your behalf and you may only access and use the Sites with permission from your parent or legal guardian.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of these Sites (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by ZaharahZahairah. collectively and/or its subsidiaries and affiliates ("ZaharahZahairah"). The Sites as a whole are protected by copyright and trade dress. All worldwide rights, title and interests are reserved. , and all other ZaharahZahairah trademarks appearing on these Sites are trademarks of ZaharahZahairah. The Contents of our sites, and the Sites as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from our sites) use by the users of our Sites. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded materials or software 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 participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Sites, or any related software.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
We welcome your feedback on the Sites. All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to ZaharahZahairah on or by these Sites or otherwise disclosed, submitted or offered in connection with your use of these Sites (collectively, "Comments") shall be and remain 's property. Such disclosure, submission or offer any Comments shall constitute an assignment to ZaharahZahairah of all worldwide rights, title and interests in all copyrights and other intellectual property in the Comments. ZaharahZahairah 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. ZaharahZahairah is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any user Comments. You represent that no Comments submitted by you to the Sites will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further represent that no Comments submitted by you to the Sites 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.
ZaharahZahairah SOCIAL MEDIA CODE OF CONDUCT
The ZaharahZahairah social media page (including our Facebook page, Instagram and APP account) are intended to be online communities where customers can learn about new arrivals, promotions, events, contests, and more. We want to maintain a positive and supportive community so that everyone who visits the page feels comfortable. Please keep conversation respectful. We ask that all posted material including comments, questions, links, images and videos be both appropriate and relevant to ZaharahZahairah and craft supplies. We are not responsible for the opinions or claims of other platform users posted to the ZaharahZahairah social media pages; other users' posts are not representative of the opinions of ZaharahZahairah. We do not typically confirm the accuracy of postings.
We require that all users comply with the platforms' Statement of Rights and Responsibilities or other community and acceptable use guidelines. Accordingly, please do not post anything that would violate any of those terms, or any material that may be spam, abusive, profane, hurtful, or defamatory toward a person, entity, belief, or symbol. Additionally, please avoid posting personal information such as an email address, phone number, or mailing address. We reserve the right to delete content, block you from accessing our profile, posts and stories and/or commenting on our posts and stories at our sole discretion.
If you have any questions or concerns, please contact customer service.
PRODUCT AVAILABILITY & PRICING
Most ZaharahZahairah products displayed on our Sites are available through ZaharahZahairah.com, Instagram invoice request or Paypal invoice request and in select Kreativaz live events in the United States. In some cases, merchandise displayed for sale on our Sites may not be available in all sizes and colors, including when the merchandise has been marked down. Product availability, styles, promotions, and prices may vary from day to day and between online market and ZaharahZahairah.com. The prices displayed at ZaharahZahairah.com are quoted in U.S. Dollars and can only be paid in U.S. Dollars.
We introduce multiple lines of products each week. On our Sites, our "Reg." price refers to the price we sold the product when the line was first introduced. The 'Sale" prices on our Sites is the current price we are offering to our customers for those products. The "Now" prices on our Sites may change over time, or be combined with other promotions, if permitted by the terms of those other promotions.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, ZaharahZahairah shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. ZaharahZahairah 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 for the purchase and your order is cancelled, ZaharahZahairah shall immediately issue a credit to your credit card account in the amount of the incorrect price.
We have made every effort to display as accurately as possible the colors of our products that appear on our Sites. However, as the actual colors you see will depend on your computer monitor, we cannot guarantee that your monitor's display of any color or texture or detail of actual merchandise will be accurate.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that these Sites contain links to outside services and resources, the availability and content of which ZaharahZahairah does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. ZaharahZahairah makes no representation or warranty that any web site links contain suitable, appropriate materials.
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE SITES AND ALL CONTENTS OF THESE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTEND PERMITTED BY LAW. YOU ACKNOWLEDGE BY YOUR USE OF THESE SITES THAT YOUR USE OF THESE SITES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITES.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY LAW, ZAHARAHZAHAIRAH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THESE SITES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THESE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, ZAHARAHZAHAIRAH WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THESE SITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF SARIAH CUSTOM DESIGNS SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THESE SITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THESE SITES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THESE SITES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZAHARAHZAHAIRAH BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ZAHARAHZAHAIRAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZAHARAHZAHAIRAH TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID ZAHARAHZAHAIRAH DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold ZaharahZahairah harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your wrongful use of these Sites in violation of this Agreement or any claim by a third party that your Comments infringe the third party's rights.
GOVERNING LAW & VENUE
This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Florida, County of Osceola and/or the District of Kissimmee , subject to the agreement to arbitrate below.
ZaharahZahairah may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to these Sites, if in ZaharahZahairah you fail to comply with any term or provision of this Agreement.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions.
The failure by ZaharahZahairah to enforce any right or provision of this Agreement will not prevent ZaharahZahairah from enforcing such right or provision in the future.
We may assign our rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.