Last Updated: August 31, 2020
Understanding your rights and responsibilities as a Nomadory, LLC user.
Nomadory, LLC ("Nomadory") owns and operates https://www.nomadory.com/, (the "Website") which provides users access to artisans around the world, partner listing by related products or services (collectively, "Nomadory Products and Services"). Your use of Nomadory is subject to the following terms and conditions of use ("Terms").
These Terms constitute a legally binding agreement between you and Nomadory and is deemed accepted by you each time that you visit the Website, or use or access any Nomadory Products and Services. You warrant and represent that you are at least 13 years old or older. If you are under age 18 but above 13 you are permitted to use the Nomadory Services, provided you do so with the consent of a parent or legal guardian who accepts these Terms on your behalf. Your use of certain Nomadory Products and Services may require you to agree to additional terms and conditions, or enter into separate agreements with us or applicable factories, suppliers or other Website users. If you are accepting these Terms and accessing the Website and/or using the Nomadory Products and Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use or access the Website and/or the Nomadory Products and Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree with any of these Terms, please do not access the Website or use any Nomadory Products and Services.
The Terms are effective as of the "Last Updated" date above. Nomadory may change these Terms at any time, with or without notice to you, by posting an updated version to this web page. If you continue accessing the Website or using any Nomadory Products and Services after any such changes, it will mean you accepted any new or changed Terms. Nomadory may terminate these Terms and your access to all or any part of the Website and/or the Nomadory Products and Services at any time and for any reason without prior notice or liability and in Nomadory sole discretion.
Your use of the Website and/or the Nomadory Product and Services may involve the transmission to Nomadory of certain personally-identifiable information ("Personal Information"). Nomadory's policies with respect to the collection and use of Personal Information are set forth in its then-current Privacy Policy located at 6621 California St, San Francisco 94121, which also governs your access to the Website and/or use of Nomadory Product and Services, and is incorporated herein by reference, in its entirety.
When you access the Website and/or use the Nomadory's Products and Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website or through any other communication tool.
Nomadory or its licensors retain all right, title and interest in and to its designs, text, graphics, images, video, information, logos, button icons, software, audio files and other brand content used on the Website and/or the Nomadory Products and Services (collectively, "Brand Content"). All Brand Content is the property of Nomadory or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content that is part of the Website and/or the Nomadory Products and Services is the exclusive property of Nomadory and is protected by copyright, trademark, patent and other laws. Unauthorized use of the Brand Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademarks, service mark and other proprietary notices contained in the original Brand Content on any authorized copy you make of the Brand Content.
You're not allowed to: (i) use our trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Brand Content for any purpose other than your use of any Nomadory Products and Services; (iii) remove any copyright or other protected notices contained in the Brand Content on any authorized copy you make of the Brand Content; (iv) sell, transfer, assign, license, sublicense, or modify the Brand Content, or use the Brand Content for any public or commercial purpose; or (v) use or post the Brand Content on any other website or in a networked computer environment.
Subject to your compliance with these Terms and your payment of any applicable fees, Nomadory or its content providers grant you a limited, non-exclusive, non-transferable, nonsublicensable license to access the Website and/or make use of the Nomadory Product and Services. This license does not include any resale or commercial use of any Nomadory Products and Services, or its contents; any collection and use of any profile listings, descriptions, or prices; any derivative use of any Nomadory Products and Services or its contents; any downloading or copying of account information for the benefit of another factory; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms are reserved and retained by Nomadory or its licensors, suppliers, publishers, photographers, rights holders, or other content providers. No part of the Website and/or the Nomadory Products and Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nomadory. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nomadory without express written consent. You may not use any meta tags or any other hidden text utilizing the Nomadory name or trademarks without the express written consent of Nomadory.
You may use the Website and/or access the Nomadory Product and Services only as permitted by law. Any licenses granted to you by Nomadory, including such licenses granted herein, shall terminate if you do not comply with these Terms.
To access certain password-protected areas of the Website and to use certain Nomadory Products and Services, you'll have to register for an account. To register for an account, you must provide us with information including, but not limited to, your first name, last name, and email address. By doing so, you promise that all registration information provided by you is truthful and accurate. You are also required to update any inaccurate registration information as necessary from time to time. All registration information and any other Personal Information that you provide to us through your use of Nomadory is covered under our Privacy Policy.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Nomadory may delete or change your password at any time for any reason, in its sole discretion.
If you purchase any available membership plan for any Nomadory Products and Services or any additional services that we offer for a fee, either on a one-time or subscription basis, you agree to Nomadory storing your payment or credit card information. You also agree to pay the applicable fees for any Nomadory Products and Services (including, without limitation, monthly fees) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the applicable subscription period during which you cancel your subscription. If you purchase any Nomadory Products and Services, you agree to monthly recurring payments on your account. You may cancel your Nomadory Products and Services by contacting us at hello@nomadory.com. You also acknowledge that Nomadory Products and Services are subject to these Terms and any other additional terms as required.
If you believe the Nomadory contains any content that infringes your copyright, please contact Nomadory Copyright Agent, as detailed below, with the following information:
To contact Nomadory Copyright Agent by regular mail, please write to:
Nomadory, LLC
6621 California Street,
San Francisco 94121, CA
To contact Nomadory Copyright Agent by email, please write to hello@nomadory.com with COPYRIGHT NOTICE in the subject line.
Nomadory reserves the right to remove content alleged to be infringing without prior notice, in its sole discretion, and without liability to you. In appropriate circumstances, Nomadory will also terminate a user's account if the user is determined to be a repeat infringer.
The factory member services, factory member plan and the projects platform are made available through the Website, which include content such as, description of products, company information, profile pictures and photographs, banners, or other content provided by other users and third parties (collectively, "Service Content"). Nomadory does not make any representations regarding the accuracy or validity of such Service Content or their appropriateness for evaluation by designers, merchants, manufacturers, or other business entities. Under no circumstances will Nomadory be liable in any way for any Service Content, including, but not limited to, any errors or omissions in any Service Content, or any loss or damage of any kind incurred as a result of the use of any Service Content posted, emailed, transmitted or otherwise made available via the Website, the Nomadory Products and Services or broadcast elsewhere.
By submitting any unsolicited information and materials, including but not limited comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to Nomadory, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide Nomadory with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Nomadory, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Nomadory and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to Nomadory for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting Nomadory a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
All Nomadory users may post reviews, comments, photos, and other content (including the projects platform); send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, "User Content"), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam.' You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. Nomadory reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content.
If you do post or submit User Content, and unless we indicate otherwise, you grant Nomadory a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You grant Nomadory and sublicensees the right to use the name that you submit in connection with such User Content, if they choose.
You agree that such User Content license includes the right for Nomadory to provide, promote, and improve the Nomadory Products and Services, including but not limited to resolving disputes amongst users, and to make the User Content submitted to or through the Website and/or Nomadory Products and Services available to other companies, organizations or individuals who partner with Nomadory for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such content use.
Such additional uses by Nomadory, or other companies, organizations or individuals who partner with Nomadory, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Nomadory Services.
Nomadory may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
Nomadory reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content through the Nomadory Services, to suspend or terminate users, and to reclaim usernames. Nomadory also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Nomadory, its users and the public.
You represent and warrant that any material, of any kind, including User Content that you submit to Nomadory is owned by you and will not (a) violate or infringe upon the rights of any third party, including, but not limited to copyright, trademark, privacy or other personal or proprietary rights; or (b) contain any libelous or otherwise unlawful material. If you wish to have items removed please contact hello@nomadory.com
You also represent and warrant that any User Content posted by you will not send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing;" be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; transmit, distribute or upload programs or material that contain malicious code or other potentially harmful programs or other material or information.
You agree not to: (a) impersonate another person or falsely state or misrepresent your affiliation with any person or entity; (b) post any content that is defamatory, obscene, pornographic, abusive or that violates any law; (c) engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum; (d) distribute chain letters or pyramid schemes; (e) collect usernames and/or e-mail addresses of other users by any means for the purpose of sending unsolicited email; (f) upload files that contain software or other material protected by copyright, trademark, patent or trade secret laws unless you own or control the rights thereto or have received all necessary consents; (g) upload files that contain viruses, worms, Trojan horses or other contaminating or destructive features; (h) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (i) restrict or inhibit any other user from using and enjoying any public area within our site; (j) use the site for any illegal purpose, or in violation of any local, state, national or international law or regulation; (k) probe, scan or test the vulnerability of the Website, Nomadory Products and Services or any network connected to the site, nor breach the security or authentication measures on the same; (l) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website and/or Nomadory Products and Services, to its source; (m) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, Nomadory Products and Services or systems or networks connected to the Website and/or Nomadory Products and Services; (n) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, Nomadory Products and Services or any transaction being conducted on the Website and/or through the Nomadory Products and Services, or with any other person's use of the Website and/or Nomadory Products and Services; (o) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Nomadory, users on the Website and/or through the Nomadory Products and Services; or (p) use the Website, Nomadory Products and Services or any of its content for any purpose that is unlawful or prohibited by these Terms.
If any term or provision of these Terms shall be held illegal, invalid or unenforceable, in whole or in part, then such term or provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other terms and provisions of these Terms shall not be affected thereby. Failure by either party to exercise any right or remedy provided in these Terms or by law does not constitute a waiver of that or any other right or remedy, nor does it prevent or restrict any further exercise of that or any other right or remedy.
Your use of the Website and/or the Nomadory Products and Service, or any content therein are at your own risk. You understand and agree that the Nomadory is provided to you on an AS IS and AS AVAILABLE basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE NOMADORY ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Nomadory makes no warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the services or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the services; and (iv) whether the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Nomadory or through the services, will create any warranty or representation not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NOMADORY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR USER CONTENT OF ANY THIRD PARTY ON THE WEBSITE, AND/OR NOMADORY PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
You agree to defend, indemnify, and hold harmless Nomadory, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website, the Nomadory Products and Services, or your breach of these Terms. Nomadory shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
The Website and/or the Nomadory Products and Services may provide links to other World Wide Web sites or resources. Because Nomadory has no control over such sites and resources, you acknowledge and agree that Nomadory is not responsible for the availability of such external 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. You further acknowledge and agree that Nomadory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Nomadory may terminate or suspend any and all Services and/or your Nomadory account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Nomadory account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Binding Arbitration
In the event of a dispute arising under or relating to the Terms, the Website, the Nomadory Products and Services, or any other products or services provided by Nomadory, LLC (each, a "Dispute"), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (FAA). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in the State of New York may enforce the arbitrator's award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in the State of New York. The parties may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
By accessing or using the Website, the Nomadory Products and Services, or any other products or services provided by Nomadory, LLC, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Nomadory.