Terms and Conditions

Last updated February 20, 2020. These terms and conditions apply to the website located at mahnazcollection.com (the “Website”). The Website is operated on behalf of Mahnaz Collection, a Division of Red Cactus Jewels, LLC (“Mahnaz Collection”) with executive offices at 654 Madison Avenue, New York, NY 10065. Our telephone number is: 212-717-1169. Please read these terms and conditions (the “Terms and Conditions”) carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms and Conditions govern your use of, and any purchase from, the Website, and constitute an agreement between you and Mahnaz Collection. Mahnaz Collection reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Website at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Website. You can determine whether the Terms and Conditions have changed since your last visit by checking the “last updated” date at the top of this page. Your continued use of the Website following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time to time to understand the terms and conditions that apply to your use of the Website.

WEBSITE TERMS AND CONDITIONS OF USE

These Terms and Conditions constitute the agreement (the “Agreement”) that will govern your use of this Website. This Website is available for your use only on the condition that you agree to these Terms and Conditions, with the intention of making them legally binding upon you.

THIS WEBSITE IS PROVIDED BY MAHNAZ COLLECTION AND IS AVAILABLE ONLY TO PERSONS AND ENTITIES ABLE TO FORM LEGALLY BINDING AGREEMENTS. IF YOU DO NOT QUALIFY (FOR INSTANCE, BECAUSE YOU ARE A MINOR UNDER THE AGE OF 18), PLEASE DO NOT USE THIS WEBSITE.

YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO COMPLY WITH AND TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AS WELL AS MAHNAZ COLLECTION’S PRIVACY POLICY AND ALL OTHER POLICIES OR GUIDELINES POSTED ON THE WEBSITE AT ANY TIME. IF YOU DO NOT AGREE TO BE BOUND ACCORDINGLY, YOU SHOULD IMMEDIATELY EXIT THIS WEBSITE.

Mahnaz Collection grants you a limited personal, nontransferable, non-sublicensable, revocable, worldwide license to access and make personal, non-commercial use of this Website.

INTELLECTUAL PROPERTY RIGHTS

Copyright

The materials and content on the Website, including text, graphics, logos, button icons, images, audio or video clips, data compilations and software (collectively, “Content”), as well as their selection and arrangement, are protected by copyright and/or other intellectual property laws, including laws of the United States and other countries, treaties and international conventions and are the property of Mahnaz Collection, its affiliates or suppliers. Any unauthorized use of the materials or content available on the Website may violate such laws. Mahnaz Collection does not grant any express or implied right or license under any copyright or other intellectual property in any material or content on the Website, except as authorized in these Terms and Conditions. You may print, download and store copies of material on the Website for your own personal, non-commercial use. You may not charge anyone for use of the material and you may not publish or otherwise distribute the material to others. You may not modify the material in any way without the prior written consent of Mahnaz Collection or the copyright owner.

Trademark

The name Mahnaz Collection and certain other names or logos displayed on the Website are trademarks, service marks or trade dress owned or licensed by Mahnaz Collection, and all related products and service names, design marks and slogans are the service marks or trademarks of Mahnaz Collection or its licensors. The foregoing intellectual property is protected by the trademark laws and other intellectual property laws of the United States and other countries, and by international treaties and conventions. Elements of the Website, including, but not limited to the “look” and “feel” of the Website, are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Non-Confidential Communication

All information, ideas, suggestions or other communications you transmit to Mahnaz Collection concerning the products or materials on the Website, or other products or materials (“Contributions” or “Content”), shall be on a non-confidential basis and shall become the property of Mahnaz Collection. Mahnaz Collection and its affiliates shall be free to reproduce, use, disclose or distribute such communications without limitation, compensation to you or other obligation.

Enforcement

Mahnaz Collection enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning intellectual property rights in materials on the Website, you may write to Mahnaz Collection at Red Cactus Jewels, LLC, 654 Madison Avenue, New York, NY 10065.

Reservation of Rights

Mahnaz Collection reserves any rights not expressly granted by this Agreement.

CHILDREN’S ONLINE PRIVACY

The Children’s Online Privacy Protection Act took effect on April 21, 2000 and pertains to websites directed toward children under 13 years of age. This Website is not directed towards, nor for the use of, children under the age of 18 and does not intentionally or knowingly collect information on or from any person under 18 years.

Note to Children

Children who are under age 18, especially those under the age of 13, should not send any information about themselves or their friends and should not register for any of the Mahnaz Collection on-line services nor should they make requests to receive further information from Mahnaz Collection by clicking consent or request buttons on the Website. Should we discover or be informed that a child has registered his/her or another child’s personal details, we will delete such information from our records.

Note to Parents

Mahnaz Collection will not intentionally or knowingly collect personally identifiable information from children under age 18. If you, as a parent or legal guardian are concerned that your child has registered for one of our services or wish to cancel your child’s registration and have all details deleted, please write to us providing official documents establishing parental or guardian status, at Attn: Website Administrator, Red Cactus Jewels, LLC, 654 Madison Avenue, New York, NY 10065.

ACCEPTABLE USE OF THE WEBSITE

The Website and its services are intended to be used for the lawful purchase of the products available on the Website and to gain information about Mahnaz Collection, its products and services. The Website may be used only for lawful purposes consistent with the foregoing. It is your responsibility to ensure that your use of the Website complies with these Terms and Conditions of Use. As one of the conditions of your use of the Website, you represent, warrant and agree to Mahnaz Collection that you will not:

(a) use (or encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law;

(b) upload, post or transmit to or distribute or otherwise publish through the Website any materials that:

(i) restrict or inhibit any individual who uses any aspect of the Website or its services from using and enjoying the Website;

(ii) contain any unlawful, threatening, hateful, abusive, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent language, or endorse or advocate illegal or immoral activity, violate the rights of any third party, or use language that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(iii) encourage conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, statute, ordinance or regulation;

(iv) violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, patent, rights of privacy or publicity or any other proprietary right;

(v) contain a virus, worm, Trojan horse, or any other destructive feature, regardless of whether you intend any damage to the Website and/or its content;

(vi) contain any information, software or other material of a commercial nature;

(vii) contain advertising of any kind;

(viii) impersonate another person, living or dead;

(ix) contain chain letters, pyramid schemes or like documents;

(x) contain any commercial notices;

(xi) contain any information that is presented in any manner or for any purpose other than that which is within the Website’s intended and acceptable use; or

(xii) constitute or contain false or misleading indications of origin or statements of fact, including, but not limited to, the use of a false name;

(c) upload, post or transmit to or distribute or otherwise publish through the Website any materials anonymously or under a false name;

(d) modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the Website, or any element of it for any reason, except as expressly permitted by applicable law; and

(e) use any robot, spider, other automatic device, or manual process to monitor or copy the Website or its content, or any substantial part thereof, without Mahnaz Collection’s prior written consent.

You acknowledge that Mahnaz Collection is not responsible for material submitted to Mahnaz Collection or posted to the Website by users. Mahnaz Collection does not pre-screen, monitor, review or edit the Content posted by users. However, Mahnaz Collection and its designees have the right (but not the obligation) at their sole discretion to refuse or to remove any Content, in whole or part, that, in Mahnaz Collection‘s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Mahnaz Collection is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Mahnaz Collection. You agree to immediately notify Mahnaz Collection of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that Mahnaz Collection may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Mahnaz Collection, its users or the public.

You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Mahnaz Collection assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to mahnazcollection.com.

Any or all Content on the Website may be purged periodically in Mahnaz Collection’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Mahnaz Collection or submitted to Mahnaz Collection, including Content. You further acknowledge and agree that the views expressed on the Website do not necessarily reflect the views of Mahnaz Collection, and Mahnaz Collection does not support or endorse Content (including any Contribution, whether or not edited by Mahnaz Collection or its designee or presented on the Website edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any user.

Security Rules

You are prohibited from taking any actions that will violate or attempt to violate the security of the Website, including, without limitation (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus, worm or Trojan horse to, overloading, “flooding”, “mailbombing” or “crashing” the Website; or (d) sending unsolicited e-mail (other than email to us regarding the Website or the goods sold through the Website) promoting and/or advertising products or services (all of the foregoing, the “Security Rules”). Attempts to violate, or violations of, system or network security or the Security Rules may result in civil or criminal liability. Mahnaz Collection will investigate occurrences which may involve any such attempts or violations, may report them to law enforcement agencies, and may cooperate with law enforcement agencies in prosecuting users who are involved in such violations or attempted violations.

Limitation of Warranties and Disclaimers

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, MAHNAZ COLLECTION SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEBSITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.

MAHNAZ COLLECTION DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. MAHNAZ COLLECTION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE. YOU AGREE, BY USING THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, THAT YOU (AND NOT MAHNAZ COLLECTION OR ANY OF ITS AGENTS) ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS WEBSITE, AND THAT YOU (AND NOT MAHNAZ COLLECTION OR ANY OF ITS AGENTS) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS WEBSITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.

Limitation of Liability

IN NO EVENT SHALL MAHNAZ COLLECTION, ANY DIRECT OR INDIRECT SHAREHOLDER, AFFILIATE, OTHER RELATED ENTITY, SUBSIDIARY, JOINT VENTURE, PARTNER, ENTITY IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THIS WEBSITE, FROM THE USE OF IT, FROM THE INABILITY TO USE IT, FROM OR THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE), FROM OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION, OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR FROM ANY OTHER ERROR, FAILURE, OR DELAY IN DATA TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE.

MAHNAZ COLLECTION SHALL HAVE NO LIABILITY FOR THE DELETION OF ANY COMMUNICATIONS OR INFORMATION COLLECTED, MAINTAINED, OR TRANSMITTED BY THIS WEBSITE OR THE FAILURE TO STORE ANY INFORMATION, INCLUDING PERSONALIZED SETTINGS.

MAHNAZ COLLECTION SHALL HAVE NO LIABILITY WITH RESPECT TO ANY INFORMATION POSTED BY USERS ON CHAT ROOMS, BULLETIN BOARDS, OR OTHER USER FORUMS.

Indemnification

Upon a request by Mahnaz Collection, you agree to defend, indemnify and hold Mahnaz Collection, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Website or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Contribution or Content or other materials by you or users authorized by you or any violation of these Terms and Conditions of Use by you. Mahnaz Collection reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Mahnaz Collection in asserting any available defense.

Mobile/Wireless Policy

In addition to any fee of which you are notified, your mobile service provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All charges are billed by and payable to your mobile service provider.

Mahnaz Collection will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services, as are all Services, are provided on an AS IS basis.

Data obtained from you in connection with this SMS service may include your cell phone number, your provider’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us.

Termination

Mahnaz Collection may, through its sole discretion, terminate or cancel your use of this Website or terminate or cancel this Agreement for any reason, without prior notice. Upon termination or cancellation of this Agreement, you will immediately discontinue use of this Website. Through its sole discretion, and at any time, Mahnaz Collection may also discontinue providing this Website or any part of it, with or without notice. Mahnaz Collection shall not be liable to you or any third party for any of the foregoing. Parts or all of this Agreement shall survive termination or cancellation of this Agreement and the termination or cancellation of your use of this Website.

Links to Other Websites

Mahnaz Collection does not authorize linking to this Website from a third-party website without its written permission.

Although this Website may contain links to other websites, Mahnaz Collection has no control over those linked websites. You acknowledge and agree that Mahnaz Collection is not responsible for the availability of those linked websites or their content. Mahnaz Collection provides links as a convenience and does not endorse the proprietors or content of any linked websites, including any linked website of any company related to Mahnaz Collection, in control of it, or under common control with it. It is your sole responsibility to comply with the appropriate terms of service of any linked sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such linked sites and any content contained thereon.

MAHNAZ COLLECTION DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING ANY LINKED SITE OR ANY PRODUCT OR SERVICE PROVIDED VIA ANY LINKED WEBSITE. IN NO EVENT SHALL MAHNAZ COLLECTION BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY LOSS OR DAMAGE ARISING FROM OR OCCASIONED BY THE CREATION OR USE OF THE LINKED SITES OR THE INFORMATION OR MATERIAL ACCESSED THROUGH THESE LINKED SITES.

You should direct any concerns to that linked site’s administrator or webmaster. Mahnaz Collection reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the linked sites from the Website and/or introduce different features or links to different users.

Caching, Linking, and Framing by You

Mahnaz Collection prohibits caching of any portion of this Website and any unauthorized links to this Website and unauthorized framing of it. Mahnaz Collection reserves the right to disable any unauthorized links or frames.

Applicable Laws, Jurisdiction, Choice of Law, and Arbitration

We control and operate this site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws on use and access, if and to the extent local laws are applicable.

By accessing this Website both you and Mahnaz Collection agree that all claims and matters regarding this Website or the use of this Website shall be governed according to the laws of the State of New York, USA, without regard to its conflicts of law principles. Mahnaz Collection makes no representations or warranties that materials on this Website are appropriate or available for use in other locations and accessing them from territories where their content is illegal is prohibited. In addition, you agree that any controversy or claim arising out of or relating to this Agreement, the Terms and Conditions of Use or the Website shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon all awards rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall be held in New York, New York and shall be conducted before a single arbitrator selected in accordance with such rules. The arbitrator is empowered to award reimbursement of attorney fees and other costs of arbitration to the prevailing party, in such manner as the arbitrator deems appropriate. The arbitrator shall have the right to grant a permanent injunction in addition to any damages or other relief.

Photography and Other Information

Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.

Copyrights and Copyright Agent

We respect the intellectual property rights of others and require that the people who use the Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your username, address, telephone number, and e-mail address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Attn: Mahnaz Ispahani

Mahnaz Collection

Red Cactus Jewels, LLC

654 Madison Avenue

New York, NY 10065

Telephone: (212) 717-1169

Email: copyright@mahnazcollection.com

Notices

All notices and other communications to Mahnaz Collection shall be in writing, must be given by certified mail, return receipt requested, and must be addressed to Mahnaz Collection at the address set forth for it in this Website at the time of delivery.