Terms and Conditions

Last Updated:  30 June  2015

 

The oldewe.com Web site (the "Site") is created, owned and operated by Oldewe UE .   Unless otherwise stated herein, any reference to " Oldewe UE"  “we” or “us” refers to Oldewe UE, and all of their respective direct or indirect parent entities, subsidiaries, affiliates and licensors.


PLEASE REVIEW ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SITE.  THE CONTENT, PRODUCTS AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF SITE USE AND THE OLDEWE.COM PRIVACY POLICY, WHICH IS HEREBY INCORPORATED INTO THESE TERMS AND CONDITIONS OF SITE USE. BY ACCESSING OR USING THE SITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW AND TO COMPLY WITH ALL APPLICABLE LAWS RELATING TO USE OF THIS SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.   FURTHER, IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, OR ANY PORTION HEREOF, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS, USE OR PURCHSE PRODUCTS FROM THE SITE.  OLDEWE OU RESERVES THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS ON THE SITE. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.


1. Intellectual Property.

The contents of the Site are protected by copyright, trademark and other intellectual property laws. This Site and all names, trademarks, logos, service marks, graphics, designs, brand identifiers, characters and all other intellectual property appearing in, or materials available on, the Site are the property of, or are licensed for use by, OLDEWE OU reserves all rights associated therewith. The use or misuse of any content on this Site, except as provided in these Terms and Conditions of Site Use, is strictly prohibited.


1.1 Copyright.

You may not use the Site, or the materials available on the Site, in a manner that constitutes infringement of our rights or that has not been authorized by us. Unless explicitly authorized in these Terms and Conditions of Site Use or otherwise in writing by the owner of these materials, YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, SELL, CREATE DERIVATIVE WORKS OF, EXPLOIT OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT WRITTEN PERMISSION OF OLDEWE OU. However, you may print and/or download individual pages of the Site solely for your personal, non-commercial use, provided that (a) you do not modify any page or change or delete any copyright or proprietary notices from the materials on any such page within the Site, and (b) these Terms and Conditions of Site Use and any notices in such pages regarding use or ownership are included with reproduced or stored pages.


1.2 Trademarks.

OLDEWE and other trademarks and service marks used in the Site are the exclusive property of, or are licensed for use by, OLDEWE OU, or one or more of its direct or indirect parents, subsidiaries, affiliates or licensors, and such parties reserve all rights associated therewith. No rights to the use of these trademarks or service marks are licensed by these Terms and Conditions of Site Use.

1.3  Changes to the Site.

OLDEWE OU reserves the right, at any time in its sole discretion, to modify, suspend or discontinue the Site, any portion thereof, or any service or product offered through the Site, with or without notice.  We also reserve the right to charge fees in connection with the use of the Site, and to modify or waive any fees charged in connection with the Site.  You agree that OLDEWE OU shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service or product offered through the Site.

1.4  Site Transactions.

OLDEWE OU reserves the right to refuse, limit or cancel any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
 

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by OLDEWE and its affiliate brands, OLDEWE OU does not operate, control or endorse any information, products or services on the World Wide Web in any way. You may establish a hypertext link to the Site provided that the link does not state or imply any sponsorship of your site by the Site or by OLDEWE OU. To the fullest extent permitted by law, OLDEWE OU disclaims any warranties for viruses or other harmful components in connection with the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. OLDEWE OU PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY REPRESENTATIONS, ENDORSEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,(INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE WORLD WIDE WEB GENERALLY, AND OLDEWE OU SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE WORLD WIDE WEB GENERALLY. OLDEWE OU DOES NOT WARRANT THAT THE SERVICE PROVIDED THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF THE IMPLIED WARRANTIES REFERRED TO HEREINABOVE; AS SUCH, THE DISCLAIMER ABOVE REGARDING IMPLIED WARRANTIES MAY NOT APPLY TO YOU IN THIS RESPECT.


2.1  LIMITATION OF LIABILITY.

IN NO EVENT WILL OLDEWE OU BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE PRODUCTS OR SERVICES PROVIDED BY THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR THE CONTENT OF ANY OTHER SITE OR SITES LINKED TO THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF OLDEWE OU OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICES PROVIDED BY THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; AS SUCH, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OLDEWE OU LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

2.2  Related Websites.

OLDEWE OU make no representations whatsoever about any other Web site which you may access through the Site or which may link to the Site. Any links provided on this Site are provided as aids to help identify and locate other resources that may be of interest to you, and they are not intended to imply or state that OLDEWE OU is associated with or sponsors the owners or publishers of such resources, or that OLDEWE OU is authorized to use any logo, copyrighted symbol, tradename or registered trademark that may be shown in the linked Web site. A link to another Web site does not mean that OLDEWE OU or any of its affiliated brands endorses or accepts any responsibility for the content, or the use, of such Web site.  OLDEWE OU has no control over such Web sites or resources, and you acknowledge and agree that OLDEWE OU is not responsible for the availability of such external Web sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.  OLDEWE OU assumes no responsibility for the content, privacy policies or practices by such third-party Web sites. By using this Site, you expressly waive any rights, claims or liability against OLDEWE OU from your use of any third-party Web site.

2.3  Security.

You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. OLDEWE OU reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting customers who have participated in such violations.

2.4  Right to Access

In order to use the Site, you must be fourteen (14) years of age or older. By using this Site, or by registering with OLDEWE OU, you represent and warrant that you are fourteen (14) years of age or older.

2.5  Colors.

We make every effort to display the colors of our products as accurately as possible; however, we cannot guarantee that your computer's display of any color will be accurate.

 

2.6  Site Errors.

There may be information on our Site that contains typographical errors or other errors that may relate to products, descriptions, pricing, promotions, availability, or offers.  We reserve the right to, at any time and without prior notice, correct any such errors and to correct information or cancel orders for any and all such inaccurate information, including but not limited to after an order has been placed.

3. Indemnification.

You agree to indemnify, defend and hold harmless OLDEWE OU and any of its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions of Site Use (including negligent or wrongful conduct) by you or any other person accessing the Site on your behalf or at your request.


4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Site), and 3 (Indemnification) are for the benefit of OLDEWE OU and any of its licensors, distributors, agents, representatives, third party information providers to the Site, other third party service providers, including any resellers, distributors, service providers and suppliers thereof, and any of the foregoing entities’ respective officers, directors, owners, employees, agents, partners, contractors, representatives, licensors, suppliers, successors and assigns. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Termination.

We may cancel or terminate your right to use the Site or any part of the Site at any time without cause and without notice to you in our sole discretion. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Site Use shall survive any such termination or cancellation.  OLDEWE OU may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, without notice to you.  Further, you agree that OLDEWE OU shall not be liable to you or to any third party for any termination of access to the Site. 


6. OLDEWE Facebook Terms & Conditions

At OLDEWE we've been a family for over 10 years and we have no intention to change. You, our fans are part of that family and our Facebook page is a place for us all to talk about our products and promotions. Therefore, we reserve the right, in our sole discretion, to take down photos, comments and other material deemed 'non-family oriented' by OLDEWE teams. This includes, but is not limited to, vulgar language, disturbing photos, angry or aggressive behavior toward fellow fans, famous fans or our team members, and posting anything in violation of any intellectual property right of another. If someone persists in offensive behavior or continually violates any of our house rules, we may block that person from further participation on our Facebook page or on any other social media platform operated by OLDEWE OU. So please, just remember to respect your family.


All users must comply with Facebook's Terms of Use and Terms of Use for the OLDEWE Facebook Page. OLDEWE does not monitor every posting of user content on the OLDEWE Facebook Page. OLDEWE expects, however, that users will not post any materials that fall into any of the following categories and we may remove any materials that:

·         Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

·         Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, misleading or unlawful material or information;

·         Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

·         Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

·         Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; and/or

·         Falsify the origin or source of software or other material contained in a file that is uploaded.

7. Miscellaneous.

The Site is operated and controlled by OLDEWE OU. Your viewing of any materials on the Site constitutes your approval of these Terms and Conditions of Site Use and consent to jurisdiction in a court of competent jurisdiction in the county Harju, Republic of Estonia, without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between OLDEWE OU and you for any purpose concerning the Site or these Terms and Conditions of Site Use or the parties' obligations hereunder shall be brought exclusively in a county court of competent jurisdiction in the county Harju, Republic of Estonia. You agree that any cause of action against OLDEWE OU arising out of or related to the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred. OLDEWE OU failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Site Use 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 provision of these Terms and Conditions of Site Use. OLDEWE OU may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

COPYRIGHT NOTICE. © 2015 OLDEWE OU. All rights reserved.

 

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