1. Definitions
In these Terms of Service (the “Terms”):
- “AgateLamps”, “we”, “us” or “our” means the operator of the website available at https://www.agatelamps.com (the “Site”).
- “User”, “you” or “your” means any person accessing or using the Site, whether or not registered.
- “Content” means all text, images, graphics, photographs, logos, videos, audio, software, code, data compilations, page layout, designs, and other materials available on or through the Site.
- “User Content” means any content you submit, upload, post, transmit, or otherwise make available via the Site.
- “Services” means the functionalities of the Site, including browsing, information about products, and any interactive features that may be provided from time to time.
2. Purpose and Scope
These Terms govern your access to and use of the Site and the Services. By accessing or using the Site, you agree to be legally bound by these Terms. If you do not agree, you must refrain from using the Site.
These Terms apply to all Users. Additional terms may apply to particular features or to any transactions conducted through the Site. In case of conflict, specific terms will prevail over these Terms for the relevant feature or transaction.
3. Acceptance of the Terms
Your use of the Site constitutes acceptance of these Terms. If you create an account or interact with the Site, you may be asked to expressly accept these Terms; such acceptance will be deemed equivalent to a handwritten signature. You must be at least the age of legal majority in your place of residence to accept these Terms. If you are under the age of legal majority, you may use the Site only with the consent and supervision of a parent or legal guardian who accepts these Terms on your behalf.
4. Access to the Site
The Site is provided on an “as available” basis. We may change, suspend, or discontinue the Site or any part of it at any time without notice. We do not guarantee that the Site or any Content will always be available or be uninterrupted, timely, secure, or error-free.
You are responsible for making all arrangements necessary for you to access the Site and for ensuring that all persons who access the Site through your internet connection are aware of and comply with these Terms.
5. Permitted and Prohibited Uses
You may use the Site and Services solely for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates applicable law or infringes any rights of others.
- Copy, reproduce, modify, adapt, translate, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or distribute any Content except as expressly allowed by these Terms or by law.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Site, except to the extent such restriction is prohibited by applicable law.
- Introduce any viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, any server on which the Site is stored, or any server, computer or database connected to the Site.
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our prior written consent.
- Use the Site to send unsolicited communications, spam, or duplicative messages.
6. Accounts and Security
To use certain features, you may need to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. You must promptly notify us of any unauthorized use or security breach you become aware of. We may terminate or suspend your account at any time if we suspect a breach of these Terms or for risk management, security, or legal compliance reasons.
7. Intellectual Property
All Content on the Site is owned by or licensed to AgateLamps and is protected by intellectual property laws. All rights not expressly granted are reserved.
You may view the Site and print individual pages for your personal, non-commercial use, provided you do not remove any copyright or other proprietary notices. Any other use of the Content requires our prior written permission or that of the relevant rights holder.
AgateLamps and all related names, logos, product and service names, designs, and slogans are trade names and/or trademarks of their respective owners. You must not use such marks without prior written permission.
8. User Content; License and Moderation
If the Site allows User Content, you retain ownership of your User Content. By submitting User Content, you grant AgateLamps a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, use, reproduce, display, perform, distribute, and create derivative works of your User Content solely for the purpose of operating, improving, promoting, and providing the Site and Services.
You represent and warrant that your User Content does not infringe any third-party rights, violate law, or contain unlawful, defamatory, obscene, or otherwise objectionable material. We may, in our discretion, remove or refuse to display any User Content, in whole or in part, that we reasonably believe violates these Terms or applicable law.
9. Third-Party Services and Links
The Site may contain links to third-party websites or may integrate third-party services. Such links and integrations are provided for convenience only and do not constitute endorsement or approval. We have no control over, and assume no responsibility for, third-party content, terms, privacy practices, or services. Your use of third-party sites or services is at your own risk and subject to their terms and policies.
10. Product Information and Availability
Information about products, including descriptions, images, dimensions, materials, pricing, and availability, is provided for general informational purposes and may be updated or corrected without notice. We endeavor to ensure that information on the Site is accurate, but errors may occur. Colors and appearance can vary due to display settings and lighting conditions.
Nothing on the Site constitutes a binding offer; any offer and acceptance process, where applicable, may be governed by separate terms that will prevail in case of conflict with these Terms.
11. Warranties Disclaimer
To the fullest extent permitted by law, the Site and all Content and Services are provided “as is” and “as available”, without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We do not warrant that the Site will meet your requirements, be compatible with your devices, be uninterrupted, secure, current, or free of errors, defects, or harmful components.
12. Liability and Indemnity
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business interruption, arising out of or in connection with your use of or inability to use the Site, even if we have been advised of the possibility of such damages.
To the extent permitted by law, our aggregate liability for direct damages arising out of or in connection with these Terms or the Site shall be limited to the amount you have paid (if any) to us for the relevant Services in the twelve months preceding the event giving rise to liability.
You agree to defend, indemnify, and hold harmless AgateLamps from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your misuse of the Site, including your User Content.
Some jurisdictions do not allow certain exclusions or limitations of liability; in those cases, the above limitations shall apply to the maximum extent permitted by applicable law.
13. Personal Data and Cookies
We process personal data in connection with the operation of the Site and the provision of the Services. We collect and use information you provide (for example, contact details, account information, and communications), information gathered automatically (for example, device identifiers, IP address, usage data, and cookies), and, where applicable, information obtained from third parties (for example, analytics or fraud prevention providers).
Purposes include operating and securing the Site, providing and improving the Services, processing requests and communications, personalizing content, analytics, and compliance with legal obligations. We retain personal data for as long as reasonably necessary for these purposes and to comply with legal obligations, resolve disputes, and enforce agreements.
We may share personal data with service providers acting on our behalf (for hosting, maintenance, analytics, customer support, security, and similar functions), with authorities where required by law, and with other parties in connection with corporate transactions (such as a merger, acquisition, or asset transfer), always in accordance with applicable law.
Cookies and similar technologies are used to enable site functionality, measure performance, and improve the user experience. You can manage cookie preferences through your browser settings; disabling cookies may affect certain features of the Site.
Your rights regarding personal data depend on your location. Subject to applicable law, you may have rights to access, correct, delete, or receive a copy of your personal data, to restrict or object to processing, and to withdraw consent where processing is based on consent. If you are in the European Economic Area or the United Kingdom, you may also have the right to data portability and to lodge a complaint with your supervisory authority. If you are in certain U.S. states, you may have rights to know, delete, correct, opt out of certain processing (including targeted advertising or sale/sharing, if applicable), and to non-discrimination for exercising your rights.
You can exercise your rights or ask questions about privacy by using the contact methods provided on the Site. We will respond in accordance with applicable law. Do not send sensitive personal information unless we specifically request it for a lawful purpose.
14. Children’s Use
The Site is not intended for children under the age of 13, or higher age where required by applicable law. We do not knowingly collect personal data from children in violation of applicable law. If you believe we have collected such data, please contact us and we will take appropriate steps.
15. Changes to the Site and to These Terms
We may update the Site and these Terms from time to time. Changes to these Terms will be effective when posted on the Site, unless a later date is specified. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Site.
16. Applicable Law and Jurisdiction
Different mandatory consumer protection laws may apply depending on where you reside. Without limiting your rights under such laws:
- If you are a consumer resident in a member state of the European Union, the laws of your country of residence apply and you may bring proceedings in the courts of your place of residence.
- If you are a consumer resident in the United Kingdom, the laws of your part of the United Kingdom apply and you may bring proceedings in the courts of your place of residence in the UK.
- If you are a consumer resident in the United States, the laws of your state of residence apply and you may bring proceedings in the state or federal courts located where you reside.
- If you are a consumer resident elsewhere, you may benefit from the mandatory consumer protection laws of your place of residence, and you may bring proceedings in the courts of your place of residence where permitted by law.
- If you are using the Site for business or professional purposes, and unless mandatory law provides otherwise, these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by the laws of the place where the operator of AgateLamps is established, and the courts of that place shall have exclusive jurisdiction.
In all cases, the United Nations Convention on Contracts for the International Sale of Goods does not apply.
17. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
18. Entire Agreement
These Terms constitute the entire agreement between you and AgateLamps regarding the use of the Site and supersede all prior or contemporaneous understandings and agreements regarding the same subject matter. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
19. Contact
If you have questions about these Terms, the Site, or how we handle personal data, you can contact AgateLamps using the contact methods provided on the Site. We will make reasonable efforts to respond promptly.