Terms and Conditions of Use
Welcome to omelle.com, the OMELLE web site ("Site").
This Site is designed and published by Angelle + LaFave, LLC ("Angelle + LaFave"), a California limited liability company. Access to the Site is provided by Angelle + LaFave. The Site is accessible via the Internet to all Internet users ("Users" or "you"). Your use of the Site is subject to the following terms and conditions of use ("Terms" or "Agreement"). The Terms include, but are not limited to, any other agreements and policies incorporated by reference herein. If you do not agree with each of the Terms, please exit the Site now. By entering the Site, you agree to comply with and to be bound by these Terms and Agreement. Angelle + LaFave may revise these Terms from time to time by updating this Internet post, with the revised terms taking effect for all Users as of the date of its posting. Consequently, you should consult the Terms regularly for changes.
A. INTELLECTUAL PROPERTY RIGHTS
This Site, in its entirety, as well as its component parts, including but not limited to all text, information, data, images, icons, photographs, illustrations, multimedia (graphic, audio and video), charts, indices, reports, data, software, HTML code and screens contained therein and the like, trademarks, registered or otherwise, and written and other materials (collectively, "Content") is owned by or licensed to Angelle + LaFave, and subject to protection by intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.
All trademarks, logos, and service marks, registered or otherwise, which appear on the Site, including, but not limited to, the OMELLE mark (collectively, "Trademarks"), are owned by Angelle + LaFave or its affiliates, or are licensed by third parties for use by Angelle + LaFave. Other trademarks are proprietary marks and may be registered by their respective owners. Reproduction, distribution, transmission, modification or use of any Trademark appearing on the Site, or any other Content on the Site except as provided herein, is strictly prohibited. The Trademarks may not be used in connection with any product or service that does not originate with Angelle + LaFave in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Angelle + LaFave.
All Content of this Site is owned by Angelle + LaFave or its affiliates, © 2008 Angelle + LaFave, or is licensed by third parties for use by Angelle + LaFave. All rights are reserved.
B. USE OF MATERIALS ON THIS SITE
Angelle + LaFave created and maintains this Site to provide information to you about our company and products, including OMELLE luxury footwear, for your personal information.
You may access the Content included in the Site for your own personal, non-commercial use only. For the limited purpose of promoting our company and products, including OMELLE luxury footwear, You may link to, use or display the Content on another web site, in a networked computer environment or other digital support. You may not alter or modify the Content used or displayed in any manner, and You may not delete or alter any legal notice therefrom. Should Angelle + LaFave request that You remove the Content from any other web site, networked computer environment or other digital support, for any reason, You shall do so immediately.
You may not copy, perform, publish, modify, transfer, create derivative works from, commercially exploit or otherwise use in whole or part any content, software, products or services obtained from this Site, without prior written authorization from Angelle + LaFave. No right, title or interest in any Content may be deemed assigned to you as a result of any such download or copying. You may not delete or alter in any way any copyright, trademark, intellectual property or other legal notices from any part of this Site. In the event of breach of any of these Terms, the violating User’s permission to use the Content will automatically terminate and any copies made of the Content must immediately be destroyed. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publication, and communications regulations and statutes, U.S. and foreign.
Links to other websites operated by third parties not affiliated with Angelle + LaFave may be provided on the Site. The inclusion of any link to such third party sites does not imply endorsement by Angelle + LaFave of those sites.
You may not create and/or establish a link to the Site or any pages of the Site without prior written authorization from Angelle + LaFave. Linking to any other off-site pages or third party sites is at User’s own risk.
Any third party site with links to the Site shall not be under the control of Angelle + LaFave. We decline any liability concerning access to and content of such sites.
This policy describes the personal information we collect about you, why we collect it, and how we use it. Our policy is intended to provide you with all of the information that you need to understand our privacy practices. However, if you have any question regarding our privacy practices and this policy, please contact us at the following email address, .
What is Personal Information?
"Personal Information" means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. If you choose to provide us with your Personal Information on the Site, we may transfer that information within Angelle + LaFave or to our third-party service providers.
What do we do with your Personal Information?
Angelle + LaFave may collect your Personal Information when you use this Site. This can be accomplished only when you voluntarily submit such information to the Site, e.g., when you purchase a product from the Site, when you subscribe to our email promotions, newsletter, special announcements, or when you order our catalogue, you are supplying us with your Personal Information. We use this information to communicate with you regarding your account, including your billing information, to send you our newsletter and announcements, to post your journal entries or blogs, to display content and products that we think may be of interest to you, to personalize your online experience and to improve the quality of the Content that we provide to you on the Site. From time to time, we may share such information with our business partners or affiliates, who might also wish to offer their products or services to you. Whenever we request that you provide Personal Information to us, we will give you the opportunity to "opt out" of receiving future communications from us or others. By providing such Personal Information to Angelle + LaFave, you agree that, unless you expressly opt out of receiving such information, we may use your Personal Information to fulfill the activity you signed up for, such as purchasing a product, sending you our catalogue, and contacting you with updates regarding the Site. Whether or not you provide such information is completely your own choice. You are not obligated to answer any question that is presented to you. Please note that if you choose not to provide the Personal Information we request, you may be unable to access certain options, offers, and services that involve our interaction with you. Angelle + LaFave does not intend to transfer Personal Information without your consent. However, Angelle + LaFave will disclose your Personal Information when required by law or court order.
If you have provided Personal Information, but later you object to the use that is being made of that information (for example, you no longer wish to receive promotional or marketing information about products, services, and offerings from Angelle + LaFave or any third parties), you can request that we stop using that information. In order to unsubscribe from email promotions, special announcements or our newsletters, simply follow our instructions included in the mailing or on our Site. Your request will be processed as soon as possible. Please bear in mind that cessation of use of your Personal Information may result in your being unable to continue to access some relevant services, offers or Content.
How do we protect children?
We take special care to protect the safety and privacy of children. Our site is a general audience site. Nevertheless, we do not collect or solicit Personal Information about users under age 13. Children under age 13 should always ask their parents or guardians for permission before providing any Personal Information to anyone online. We urge parents and guardians to participate in your children’s online activities and to use parental control or other internet filtering technology to supervise your children’s access to the internet.
Tracking technologies, like cookies and pixel tags, may record information such as Internet domain and host names, Internet protocol addresses; browser software and operating system types; click-stream patterns; and dates and times that the Site is accessed. These tracking technologies allow us to improve the Site and your Site experience. We may also use these tracking technologies to analyze information that does not contain Personal Information for trends and statistics.
What type of security do we use?
Angelle + LaFave understands the utmost importance of protecting the security of the Personal Information that you share with us. We implement a variety of security measures to maintain the safety of your Personal Information. Your Personal Information is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information supplied by users is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot guarantee or warrant the security of any information you transmit to or from the Site, and you do so at your own risk.
Does this policy apply to third party sites?
Your California Privacy Rights
E. USER SUBMISSIONS
Any unsolicited communication or material that you transmit to Angelle + LaFave via the Site or by email or otherwise, excluding Personal Information, including, but not limited to, any data, questions or answers, comments, suggestions or the like ("Submission") will be treated as non-confidential and non-proprietary by Angelle + LaFave. By sending communications to us, you automatically grant to Angelle + LaFave a royalty-free, perpetual, irrevocable, non-exclusive license under all intellectual property rights in the Submission, to use, reproduce, modify, publish, edit, translate, distribute, perform and display such Submissions, alone, or as part of other works in any form, media or technology whether now known or hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by Angelle + LaFave or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
Furthermore, Angelle + LaFave enjoys an extensive reputation for both the design and manufacture of high quality footwear. To this end, we possess our own sources of creativity, in particular, highly skilled designers who conceive and perfect our creations. As a result, we cannot agree to or accept being the receiver of unsolicited proposals of collaboration. In fact, we may already be working on similar ideas. You are advised that we are not interested in receiving designs, ideas or other proposals that you may wish to submit.
The Content on this Site is intended for general information purposes only. Angelle + LaFave tries to insure that the information on this site is accurate and complete. We do not warrant or represent that the Content is accurate, error free or reliable, or that your use of the Content will not infringe the rights of third parties.
Your use of the Site is at your own risk. Angelle + LaFave does not warrant that the functional aspects of the Site or the Content will be error free or that the Site, the Content or the server that makes them available will, at all times, be free from viruses or other harmful components. If your use of the Site or the Content results in the need for servicing or replacing property, material, equipment or data, Angelle + LaFave is not responsible for those costs.
Without limiting the foregoing, the Site and the Content are provided to you strictly on an "as is" and "as available" basis, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL OR NON-INFRINGEMENT. Angelle + LaFave and its suppliers make no warranties about the Content, software text, downloads, graphics and links, or about results to be obtained from using the Site. Because some jurisdictions may not allow the exclusion of implied warranties, the above exclusions may not apply to all Users.
Any reference to any product or service which has been or may be provided by Angelle + LaFave or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Angelle + LaFave may terminate, at any time, your use of the Site if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of Angelle + LaFave or any third party, or for any reason without prior notice to you.
Angelle + LaFave reserves the right at any time, and from time to time, to modify or discontinue temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site. The provisions entitled "Disclaimer," "Limitation of Liability," and "General Provisions" will survive termination of this Agreement.
H. LIMITATION OF LIABILITY
IN NO EVENT, SHALL ANGELLE + LAFAVE, OR ANY OF ITS AFFILIATES, AND ITS AND THEIRS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS OR SUCCESSORS OR ASSIGNS OF EACH BE LIABLE HEREUNDER, UNDER ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, DATA OR PROGRAMMING, (WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE (EVEN IF ANGELLE + LAFAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (A) USERS’ USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE SITE, (B) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE SITE, (C) YOUR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THROUGH THE SITE, (D) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, (E) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, (F) UNAUTHORIZED ACCESS TO THE SITE AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (H) ANY OTHER MATTER RELATING TO THE SITE.
Because some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, the above exclusions may not apply to all Users.
The waiver by Angelle + LaFave of a breach of any provision of this Agreement will not operate as a waiver of any other or subsequent breach.
If any portion of these Terms is held to be void or unenforceable by a court of competent jurisdiction, such terms shall be null and void, and shall be deemed deleted from this Agreement. All remaining terms of the Agreement shall remain in full force and effect.
K. GENERAL PROVISIONS
Unless otherwise specified, the Content of the Site is presented solely for the purpose of promoting the products and services of Angelle + LaFave. We make no representation that the Content is appropriate or available for use in every country of the world. You use the Site at your own risk, and you are responsible for compliance with applicable local laws, keeping in mind that access to the Site and Content may not be legal by certain persons or in certain countries. This Site may describe products that are not available worldwide.
You agree to indemnify and hold harmless, and at Angelle + LaFave’s option, defend Angelle + LaFave, and any of its affiliates, and its and theirs officers, directors, partners, members, managers, shareholders, employees, agents, representatives and licensors and successors or assigns of each from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any breach of these Terms or any use of the Site by you.
M. GOVERNING LAW; JURISDICTION
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Los Angeles and/or the Central District of California.© 2008 Angelle + LaFave, LLC
Last updated March 5, 2008