POLICY & TERMS OF USE

TERMS OF USE
 
Welcome to www.stivali.us, the United States online store of STIVALI® , which is operated by STIVALI Enterprises LLC, Grand St, Suite 4C, Brooklyn, NY 11211. (STIVALI Enterprises LLC and its affiliates, are hereinafter collectively referred to as "STIVALI".)
 

COPYRIGHT INFORMATION

STIVALI owns the Site. STIVALI owns or has rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Site (the "Content"), and all HTML, CGI and other code and scripts in any format used to implement the Site (the "Code"). You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of STIVALI. All names, logos and trademarks which appear on the Site are the property of STIVALI or are used by STIVALI under license. Your failure to comply with this Terms of Use will constitute breach of contract and will violate STIVALI’s copyright, trademark and other proprietary and industrial property rights.

USE OF THE SITE
 
This Terms of Use governs the Site, and all sites of the affiliates of STIVALI. By using the Site, you expressly accept and agree to abide by all provisions set forth herein. Do not use the Site if you do not accept and agree to the Terms of Use. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and STIVALI asks that you do not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

The Site is available only for your personal use, which shall be limited to viewing the Site, providing information to the Site, downloading product information for your personal review and for the purchase of products.

STIVALI may at any time revise the Terms of Use by updating this page. You are bound by any revisions and should periodically visit this page to review the current Terms of Use.

You also may be subject to additional Terms of Use that are applicable to certain parts of the Site. STIVALI may terminate the Terms of Use and deny you access to the Site at any time, immediately and without notice, if in STIVALI's sole discretion you fail to comply with any provision of these Terms of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between STIVALI and you as a result of this Agreement or your use of the Site
 
STIVALI Enterprises LLC is the owner of all of all rights in the STIVALI trademarks and logos.
 
The failure of STIVALI to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
 
NO LICENSE
 
Except as expressly provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of STIVALI.
 
USE OF INFORMATION SUBMITTED BY YOU
 
NOTE: THIS SECTION DOES NOT APPLY TO PERSONAL DATA SUPPLIED BY YOU TO THE SITE, SUCH AS YOUR NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND THE LIKE. PLEASE SEE OUR PRIVACY POLICY STATEMENT FOR INFORMATION REGARDING OUR TREATMENT OF PERSONAL DATA.
 
If you respond to STIVALI with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of STIVALI, and your submission of information shall constitute an assignment to STIVALI of all worldwide rights, titles and interests in such information. STIVALI will not be liable for any use or disclosure of such information. STIVALI will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. STIVALI will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
 
PRODUCT AND PRICING INFORMATION
 
The information on this Site does not constitute a binding offer to sell products described on the Site. STIVALI reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases. Although STIVALI has made every effort to display the products and their colors as accurately as possible, the DISPLAYED colors of the products will depend upon the monitor of the user and STIVALI cannot guarantee that the user's monitor will accurately portray the ACTUAL colors of the products. Purchases are subject to applicable taxes to be paid by the purchaser, and include a free shipping and handling standard option.
 
DISCLAIMERS AND LIMITATIONS OF LIABILITY
 
STIVALI attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. STIVALI reserves the right to make corrections and changes to the Site at any time without notice. STIVALI does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.

You assume all responsibility and risk with respect to use of the Site. STIVALI disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Site, including, but not limited to, all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. STIVALI does not warrant that the Site is free of computer viruses, bugs or other harmful components. STIVALI does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. STIVALI does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. STIVALI does not have any duty to update the Site or modify their Content or Code, and STIVALI shall not be liable for its failure to update such information. It is your responsibility to verify any information contained on the Sites before relying upon it.

STIVALI makes no warranties of any kind regarding any non-STIVALI websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and STIVALI makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-STIVALI sites.

IN NO EVENT SHALL STIVALI, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.
 
GIFT CARD DISCLAIMER
 
STIVALI reserves the right to refuse to send or transmit gift cards, including e-gift cards that contain vulgar, obscene, abusive, profane or otherwise offensive language.
 
ADDITIONAL DISCLAIMER
 
IN NO EVENT SHALL STIVALI BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE TO PROPERTY AND INJURY OR DEATH TO PERSONS, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.
  
INDEMNIFICATION
 
You agree to indemnify, defend and hold harmless STIVALI and its affiliates and its officers, directors, attorneys, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. STIVALI reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with STIVALI in the defense of such matter.
 
SEVERABILITY
 
If any provision of the Terms of Use is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.
 
DISPUTES
 
Any dispute relating in any way to these Terms of Use, your visit to the Site, or to any purchase, return or other transaction with the Site shall be submitted to confidential arbitration in New York, New York. Any claim or cause of action you may have with respect to STIVALI or the Site must be commenced within one (1) year after the claim or cause of action arose. However, if you have in any manner violated or threatened to violate any STIVALI Intellectual Property right, STIVALI may seek injunctive or other appropriate relief in any state or federal court in New York, New York. You consent to exclusive jurisdiction and venue New York, New York. Any arbitration under this agreement and these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
 
ENTIRE AGREEMENT AND ADMISSIBILITY
 
The Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and STIVALI with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PRIVACY POLICY

STIVALI takes your privacy concerns seriously. This privacy policy explains what information we may collect from you when you visit our website or our stores, how we use this information, to whom it is disclosed, and how we safeguard it.

The information on this website and our privacy policy are subject to change from time to time. Any material changes to our privacy policy and practices will be reflected on this page so that you can be aware of what information we collect and how we are using and/or disclosing it. By using our website, you signify your consent to our privacy policy and consent to the collection and use of this information by STIVALI. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.

What information does STIVALI collect?

1. Information Collected Directly from You

STIVALI collects personally identifiable information ("Personal Information") from you only when you voluntarily provide it to us. Personal information we collect may include your name, address, email address, telephone number and your credit card number. In addition, when you post a photograph, enter or respond to a contest, survey, sweepstakes, or other promotional feature, we may ask you for your name, address, email address, social media user name/handle or other personal information.

This information is collected from various sources including information you provide on www.stivali.us through transactions, email registration, sweepstakes, contests, online membership; signing up for the e-mail mailing list in our stores; at special events; or through phone, mail or paper registrations that you submit.

We use this information to do things like:

  • process your online orders
  • open an online account at your request
  • personalize your online experience with content and offers that are tailored to your interests
  • provide customer service, whether it's responding to a request or following up on an order
  • include you in surveys, sweepstakes, contests, and other promotional offers
  • market our products and services-- for instance, by adding you to our email list when you sign up during an online purchase

2. Information We Observe or Collect through Technology

  1. Non-Personal Information
    Like most web sites, the server upon which this website resides automatically collects non-personal information about your visit to this website, such as your IP address, your computer type, your web browser type, operating system type and what pages linked you to this website. An IP address is the number assigned to your computer when you connect to the Internet. This information is anonymous and does not contain your name, address, phone number, email address or other information that directly identifies you. We also may aggregate or anonymize Personal Information so that it does not specifically identify you as an individual, and thereby turn it into non-personal information. If we link your non-personal information to your Personal Information, then the combined set shall be treated as Personal Information.
  2. Cookies and Web Beacons
    To better understand what you do while on our site, we use a browser feature known as a cookie. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Among other things, cookies are used to do things like see how you navigate our website, and remember you and your online purchases when you return. This helps us improve our site, provide better customer service, personalize your online experience, and personalize offers to you based on your unique tastes and purchase history.
    Most browsers are initially set up to accept cookies. You can change your browser so that it will not automatically accept cookies. Clearing cookies after each visit here will prevent observations from multiple sessions being aggregated over time. Please consider the consequences of blocking or clearing cookies. Many web sites rely on their cookies to provide you with services or features that you have requested or expect.
    We also use web beacons (also known as clear gifs or pixel tags), which are small image files that we may place on web pages and within web-based email newsletters that we send. A web beacon is a nearly invisible pixel-sized graphic image on a web page, web-based document or e-mail message. It helps us do things like view the URL of the page on which the web beacon appears and the time our website or email in question is viewed. web beacons in emails help us confirm the receipt of, and response to, our emails, including those that you forward to friends and family; and they help deliver a more personalized online experience.
    Overall, these technologies may be used to help us see which of our interactive experiences online users like most. Cookies and web beacons also allow us to associate your online navigational or transactional information with any Personal Information you provide. We'll associate this information only for our purposes: to deliver products and services to you; to improve our business; to transact business; and to market our products and services through a variety of media like email, mobile advertising, and direct mail. As an example, we may use cookies to keep track of what you put into your shopping bag. That can help us contact you if your online session is disrupted in mid-purchase, resulting in an abandoned cart. We can also use this technology to determine whether you'd be interested in participating in special events, given your preferences. The end result is a more personalized experience that is tailored to your needs and tastes.

3. Information Others Observe or Collect through Technology

Third-party service providers help us analyze our visitor's site and purchase preferences, and may help us deliver ads to you about our products through banner ads when you visit other web sites (often referred to as "online network advertising"). The following provides more information about these service providers and the choices you have with respect to their services.

  1. Third Party Cookies
    Our website contains cookies and similar devices from third party companies, such as analytics companies who help us better understand your use of our websites and for advertising purposes, as described below. They accomplish this by using some or all of the technologies described in Information We Observe or Collect Through Technology.
  2. Advertising
    We contract with third-party advertising companies that, in turn, collect anonymous, non-personally identifying information by placing cookies on your browser when you visit us here. This form of advertising is called "behavioral advertising" and we believe that such advertising is a benefit to you because you will see advertisements that are relevant to your interest. These companies may use information about your visit to deliver our ads on this and other web sites through their online advertising networks. These companies also provide this information to us which we, in turn, use to gauge how effective our ads are. 

Does STIVALI disclose your information to others?

Except as otherwise described in this privacy policy, STIVALI does not sell, share, distribute, or trade your Personal Information to unrelated third parties, except under the following specific circumstances. If you do not want your Personal Information used for these purposes, then you should contact us to opt-out of further uses of your Personal Information as set forth in the "Contact Information" section below.

1. Contractors

We use third-party "back-office" contractors to help handle parts of our business because of their expertise, resources, or scale. They help us do things like fulfill orders, process payments, monitor site activity, maintain databases, administer and monitor emails, respond to customer service inquiries, fulfill unsubscribe requests, administer and send mobile messages, and provide consulting services. We may work with third parties and provide them with access to your Personal Information so that they may enhance our databases or help us to deliver behavioral advertising content to you across other web sites as described above in the "Advertising" section. We do not authorize any of these service providers to make any other use or disclosure of your information.

2. Law Enforcement

We may share information if necessary, in our good faith judgment, pursuant to lawful request by a court of competent jurisdiction or upon presentation of a valid law enforcement warrant.

3. Legal Action

We may disclose information in special cases when we have reason to believe that this action is necessary to identify, contact, or bring legal action against someone who may have breached our Terms of Use or who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of our website, or anyone else who could be harmed by such activities.

4. Successor in Business

We reserve the right to transfer your Personal Information and other information to our successors in business or divisions and purchasers of our assets.

How do you access or change your information?

You can review and change certain Personal Information related to your use of this website (such as your name and contact information). You can ask us to update your Personal Information by contacting us as described in the section entitled "Contact" below. Please note that you may continue to receive emails from STIVALI until such requests become effective.

How can you change your preferences about receiving promotional emails?

STIVALI wants to email you only if you want to hear from us. If at any time you would like to stop future delivery of our email offers, simply follow the removal instructions located at the bottom of each message. This will stop future email offers from us, but won't stop operational or transactional messages such as email confirmations of your online orders, or customer service communications.

How do we secure your personal information on our website?

We have undertaken commercially reasonable efforts to help provide you with a safe and convenient shopping experience. We have in place certain physical, electronic, contractual, and managerial safeguards to protect the security and privacy of your Personal Information.

While we implement the above security measures on this website, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information you transmit to us or any information provided online, and you do so at your own risk. Users must accept all risks associated with any data transmission, including the risk that their Personal Information may be intercepted in transit.

We will not be liable for disclosures of your Personal Information due to errors in transmission or unauthorized acts of third parties.

What is the policy for visitors from outside the U.S.?

Our website is maintained in the United States. This privacy policy governs the information collected at this website irrespective of where you're located when you access it, browse it and interact with it. This means your Personal Information may be stored outside of the province, state, and/or country in which you reside, and processed by us, an affiliate or a third-party service provider as described in this privacy policy. You freely and specifically consent to such transfer of your Personal Information. Moreover, governmental bodies that have jurisdiction (e.g., courts and law enforcement agencies) may be entitled to access your Personal Information.

Does the site link to other web sites?

While you are using the site, you may be linked or directed to third party web sites outside of the site that are beyond our control. Each of these third parties may have a privacy policy different from ours. For example, you might click on a link or banner ad that will take you off the website. These links and banners may take you to sites of advertisers, sponsors and co-branding partners. We encourage our users to be aware when they leave our site to read the privacy policies of each and every web site that collects Personal Information. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other web sites. Visiting these other web sites is at your own risk. 

Social Media Platforms

This site provides you with the ability to register, log into, "like" or otherwise interact with your social media services, including, but not limited to, Facebook, Instagram, Twitter, Pinterest, WeChat, Weibo, Youku, Vine, and other social media services.

These features may enable integration and/or access to your social media accounts. We do not control these social media services or your profiles on these services, and we do not establish privacy settings or rules for how your Personal Information on those services will be used. Your information will be subject to the applicable social media service’s terms and conditions and your current privacy settings on such social media service. You are encouraged to read all policies and information regarding the applicable social media services to learn more about how they handle your information. By accessing any social media service, you will be assuming the risk that the information you provide on that service may be viewed and/or used by third parties for any purpose. You agree that we are not responsible for any acts or omissions by these social media service providers.

Contact Information

For questions about our privacy policy, you can contact us by email at: info@stivali.us

To make choices about receiving promotional communications, to update your Personal Information, to remove your Personal Information from our active contact lists or to place an order, you can contact us by email as well at: info@stivali.us

General

This privacy policy replaces all previous disclosures we may have provided you about our information practices associated with the site. Also, please note that the examples contained in this privacy policy are illustrations only and are not intended to be exhaustive.

Your California Privacy Rights

STIVALI collects various types of personal information about you both online and offline during the course of our customer relationship. Under California law, if you are a resident of California, you may make a written request to STIVALI about how we have shared your information with third parties for their direct marketing purposes. In response to your written request, STIVALI is allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if the third party will use it for their direct marketing purposes.

If you would like to exercise your rights under California law, please send your written request to the email address below. Your written request must include your postal address so that we may provide you with our notice and third party direct marketing opt-out form.

info@stivali.us

Effective Date: The privacy policy and terms of use were last updated on October 19, 2016.