The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.


Accuracy of Information

The Company is not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the content of this Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website. 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.


Privacy

The Company’s Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. To view the Company’s Privacy Policy, click here. Additionally, by using the Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.


Third-Party Content

Certain content, hyperlinks, features and functionality on the Website may be owned and operated by third parties, including but not limited to social media networks (i.e. Instagram®, Twitter®, and Facebook®), music/video distribution services (i.e. Spotify® , Apple® Music, and YouTube®) and various photographers, videographers, and bloggers (collectively, “Third-Party Providers”). Your use of and interaction with such content, hyperlinks, features and functionality (collectively, “Third-Party Content”) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms of Use will not apply to your use of the Third-Party Content and that you will be subject to and comply with the terms of use of all Third-Party Providers, as applicable.

You acknowledge that we are not responsible or otherwise liable for third-party content or the acts or omissions of Third-Party Providers and that any claims or other causes of action available to you in connection with either of the foregoing will be brought against the applicable Third-Party Provider(s) and not us.

The Website may also contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the Company’s control, and the Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.


Use of Materials on the Website

All content on this Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Company, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, or use of the Website for purposes competitive to Company, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. Company reserves the right to refuse or cancel any person’s registration for this Website, remove any person from this Website or prohibit any person from using this Website for any reason whatsoever. Company, or its licensors or content providers, retain full and complete title to the material provided on the Website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Company’s sole discretion. Company neither warrants nor represents that your use of materials on this Website will not infringe rights of third parties not affiliated with Company.

You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. Company reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Company may be entitled at law or in equity.


Content

You or third parties acting on your behalf are not allowed to frame this Website or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, Radmila Lolly, Radmila Lolly Records, Radmila Lolly Publishing, Radmila Lolly Productions, and Eltara Casata by Radmila Lolly. You may not use frames or utilize framing techniques or technology to enclose any content included on the Website without Company’s express written consent. Further, you may not utilize any Website content in any meta tags or any other “hidden text” techniques or technologies without Company’s express written consent.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to the Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.

You may use information on our products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by the Company for downloading from the Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.


Photography

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.


Intellectual Property

All trademarks, logos and service marks displayed on this Website, including, but not limited to, Radmila Lolly, Eltara Casata by Radmila Lolly, Radmila Lolly Records, Radmila Lolly Publishing, and Radmila Lolly Productions, are trademarks of the Company, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission, except as otherwise described herein. Company reserves all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.


Your Use of the Website

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. the Company reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Company server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of the Company, including any account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems or networks, or any systems or networks connected to the Website or to the Company.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.


Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Infringement Notices

You are hereby informed that Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of Users, subscribers and account holders of Company’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:

DiSchino & Schamy, PLLC

Attn: Radmila Lolly

4770 Biscayne Blvd., Suite 1280

Miami, Florida 33137

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Website, including material you provide to us, and so we have an absolute right to remove any material from the Website in our sole discretion at any time.


Indemnification

To the extent not prohibited by law, you agree to defend and hold the Company harmless (and our officers, directors, attorneys, affiliates, employees, and agents) against any cost, loss, damage, or other liability arising from any third-party claim that your use of the Website: (a) infringes a registered patent, trademark, copyright, or other intellectual property right of a third-party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Company’s actions); or (b) violates any applicable laws or another provision of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.


Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR COMPANY AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF YOU OR COMPANY AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES, SAVE IN RESPECT OF LIABILITY ARISING UNDER THE “INDEMNIFICATION” SECTION OF THESE TERMS, WILL BE LIMITED TO ONE HUNDRED ($100 U.S.D.) DOLLARS. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS AND LIMITATIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF OUR CONTRACT WITH YOU.

NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

Nothing in these Terms of Use shall exclude or limit the liability of you or the Company and its affiliates, officers, employees, agents, licensors, resellers, suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded or limited by law.

The provisions of this “Limitation of Liability” section allocates the risks under these Terms of Use between you and Company, and you and Company have relied on these limitations in determining whether to offer and utilize the Website.


Jurisdiction and Governing Law

These Terms of Use are made under and will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles that provide for the application of the law of another jurisdiction.


Agreement to Arbitrate

You and Company each agree that any and all disputes or claims that have arisen or may arise between you and Company relating in any way to or arising out of this or previous versions of these Terms, your use of or access the Website, or any services sold, offered, or purchased through the Website shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Miami-Dade County, Florida if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

The arbitration will be conducted in Miami-Dade County, Florida by JAMS Arbitration (“JAMS”) under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes. You expressly acknowledge and agree that your rights will be determined by a neutral arbitrator and not a judge or jury. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by the court.

You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Miami-Dade County, Florida


Changes to these Terms of Use

Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Website. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Website after any changes to the Terms of Use or other policies means you accept the changes.

In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Website and the revised terms will take effect thirty (30) days after their publication on the Website.


Entire Agreement

These Terms and any policies or operating rules posted on this Website constitute the entire agreement and understanding between you and Company 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 Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


Severability

If any provisions of these Terms are determined to be unlawful, void or unenforceable, the remaining provisions will continue to be fully valid, binding, and enforceable.


Accessibility Statement

Company is committed to providing a positive experience to all our customers and stakeholders and we aim to facilitate the accessibility and usability of our website.

We view accessibility as an ongoing effort and are continually seeking solutions that will bring all areas of our website to the same level of overall web accessibility.

If you have trouble accessing any of the information on this website, please feel free to email us at info@radmilalolly.com and we will work with you to provide the information, item, or transaction you seek through a communication method that is accessible for you consistent with applicable law.


Feedback

Please contact us at info@radmilalolly.com if you have any feedback or suggestions as to how we could improve the accessibility of the Website.


Contact Us

If you have any questions or comments about these Terms of Use or the Website, please contact us by email at info@radmilalolly.com



Last updated: April 15, 2020