Welcome to MyMela.com. This website – MyMela.com (the "website") is being made available to you free-of-charge.
The terms "you", "your", "yours" and “User” refer to anyone visiting or using the website. The terms "MyMela",
"we", "us", and "our" refer to MyMela.com, Inc. We reserve the right to change the nature of this relationship at any time.
to your use of the website. MyMela reserves the right to modify this Agreement at any time and from time to time as we see fit.
Changes to the Agreement will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms
of this Agreement you will have your access cancelled and you may be banned from browsing the website. Your use of the website after we post
changes to this Agreement constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them.
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Your privacy is important to us and this policy explains our online information practices regarding the collection of information
from this website that can personally identify you and/or your company, and the choices you can make about the way your information is
collected and used. If you provide us with personal information, we will treat it in accordance with this policy. We also use a technology
called Secure Sockets Layer (SSL), which causes your browser to encrypt your order information before transmitting it to our secure server.
SSL technology, an industry standard, is designed to prevent someone other than operators of our Sites from capturing and viewing your personal
By providing us with your personal information you agree that we may collect and use such information in accordance with the terms and conditions
of this policy. Please do not submit any information if you are less than 18 years of age unless you have the consent of your parent or guardian. If you do not
agree to this policy, please do not use this website.
Information We Collect From You
We would like to point out that the data you provide to us with its various
forms is used only for performing the corresponding activities. Your consent is required
for orders and requests for information.
1. Active Collection
We collect certain information that you provide to us either voluntarily or as required in
order to register with us. Such information may include:
- Contact information, such as name, mailing address, e-mail address and phone number.
- Shipping or transaction information, such as billing address and credit card information, if you choose to purchase goods.
- Information provided in connection with online registration.
- Demographic information, such as zip code, age and gender.
- Information you enter in forms and optional surveys or contests.
- Information provided in connection with discussions on bulletin boards, in chat rooms, and in messaging or other interactive services.
- Information provided in e-mail requests and communications.
- User IDs and Passwords. These fields uniquely identify you and help us to provide you with access to your profile areas and to protected
content. They also help ensure that only a person with your e-mail address and password can access your content and order products from us. Please note that we will give access to anyone providing us with the right user ID
and password and that we cannot be held liable for any damages caused by the unauthorized use thereof by third parties.
2. Passive Collection
We also collect data that is not personal. This data is used to technically optimize our offers and is not linked to your personal data.
Some information is collected automatically while you are using the website. It is important to note that we must store this information in order to ensure Users
receive optimal service while using our services. This type of information may include:
a. Log Files: Log files information, such as IP addresses, browser type, domain names, number of page views, login frequency, page or section accesses. Log files are used to
track usage and engagement and to gauge the effectiveness of our services. We use your IP address to help diagnose problems with our server and to administer the website.
use the MyMela services other than viewing the corporate website. If this cookie is disabled, the website will not work. For information on how to have your browser disable cookies or provide
a warning before accepting a cookie, please refer to the cookie options in your browser's Options or Preferences menu. Cookies are used to:
- Authenticate User
- Help customize content delivery
- Provide context-sensitive help
- Protect website security and login time-outs
Why We Collect Information
We collect certain information to make use of our marketplace more convenient for you.
For instance, we will store information you may enter such as username and passwords in order for
you to be able to access secure areas of the website. We also collect information from you to provide
you with information about our products and services and to provide feedback regarding questions from you.
How MyMela Uses Information Collected
We at MyMela, Inc. have made it a top priority to protect your personal data and as such we endeavor to
strictly adhere to state, local and federal laws regarding the preservation and archiving of information collected.
- Personal data is all data stored in conjunction with your
e-mail address. MyMela will use this data only to evaluate your interests, thus optimizing the products and services offered to you. Your
visits to our website are also recorded for this purpose.
- To respond to your comments or requests or to request your feedback regarding our products or services.
- For billing purposes, to facilitate transactions and to fill a user's order in connection with purchases.
- For the specific purpose for which the information was provided.
What Information is Shared with Third Parties
MyMela may disclose information you provide to us to a third party for credit card processing and shipping. However,
we will only share such personally identifiable information, as we deem necessary for them to carry out their obligations.
We may also share aggregated demographic information with independent contractors, service providers, consultants, and other
partners. This is not linked to any personal information that can identify any individual
person. Other ways in which we share information may include, but are not limited to, the following:
- Investors receive reports on number of page views, logins etc.
- Business transitions. In the event that MyMela, LLC goes through a business
transition, such as a merger, being acquired by another company, or selling a portion of its assets, User personal information generally is one of the transferred
business assets. For more information see our notification of changes section below.
- If necessary to fulfill our service obligations or if we are required to do so by law or if in our
good faith judgment, such action is reasonably necessary to comply with legal process, to respond to any claims, or protect the rights of MyMela and the public.
- We will not sell personal data to third parties.
We take extensive precautions to protect your data. Your data is protected by organizational
or technical safety measures. It is protected from access by unauthorized persons, from intentional or
unintentional manipulation, and from destruction or loss. The safety measures used to protect your data
are updated continuously to apply the newest technological developments.
How We Secure Your Information
Securing your information is a company priority. Whether you are shopping online or in our stores,
we use reasonable security measures to help protect the confidentiality of personal information.
Your account information is protected by the password you use to access your online
account. Please keep this password confidential. We also use a technology called Secure Sockets Layer
(SSL). If your browser is capable of SSL (and most are), your account information will be protected during
transport across the internet.
You acknowledge that the website contains text, images, data, software, videos, typefaces,
graphics, sounds, and other material (collectively "Content") that are protected by copyrights and/or other
proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing
now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and
we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement
of such Content. You may not modify, delete, publish, or create derivative works from or adaptations of the Content,
in whole or in part. You may make copies of select portions of the content provided that the copies are made only for
your personal use and that you maintain any notices contained in the Content.
You may not download (bookmarking excluded) or modify the website or any portion of it without our express, prior written consent.
This includes: a prohibition on any resale or commercial use of the website or its Content; any collection and use of any product
listings, descriptions, or prices; any derivative use or making adaptations of the website or its Content; any downloading or copying
of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data
gathering and extraction tools. The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without our express, prior written consent. You may not utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout, or form) of MyMela without our express, prior written consent. You may not use meta tags or any
other "hidden text" utilizing our name or trademarks without our express, prior written consent
Your Account Responsibility
If you use the website, you are responsible for maintaining the confidentiality of the information
you submit through "My Account" and your corresponding password and for restricting access to your computer.
You agree to accept responsibility for all activities that occur under "My Account" or password. We reserve
the right to refuse service, terminate accounts and to remove or edit content submitted by you in the "My Account"
area of the website.
Links to other websites are solely for information purposes. However, we are not responsible for the content of
any sites that may be linked to or from the website or endorse them. These links are provided for your convenience only and you
access them at your own risk. Unless otherwise noted, any other website accessed from the website are independent from us, and we have no control over the content of such other website.
The website is provided on an "AS IS," basis. We do not guarantee the website will be
uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the
Content provided on the website or the products or services offered for sale on the website.
We operate under the assumption that the information we provide is accurate; however, it may contain errors or inaccuracies.
Under no circumstances shall MyMela be liable for any direct, indirect, incidental, special, or consequential damages that result from the use
of or inability to use the website, including but not limited to reliance by a user on any information obtained at the website, or that result
from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of
performance, whether or not resulting from acts of God, communications failure, or theft, destruction or unauthorized access to MyMela.com records, programs or
services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action;
or an action in equity, even if an authorized representative of MyMela.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge
that this paragraph shall apply to all Content, merchandise and services available through the website. Because some states do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
The products featured on our website are intended for personal use. As such, you assume the risk when purchasing products for a commercial or business use or application.
You agree to use the website only for lawful purposes. You are prohibited from posting on or transmitting through
the website any material we consider to be objectionable, including but not limited to any material that is or that encourages
fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, federal, or international law. You agree not to engage in conduct that is hurtful to any
person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications through the website.
If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by you,
we may (but without any obligation) investigate the allegation and determine whether to remove or request the removal of such User
Content from the website. We may disclose any User Content or electronic communication of any kind
(i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the website; or (iii) to protect the rights or property of MyMela.com, its associates, our Users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem to be unlawful or harmful to you, the website, Users, our customers or any rights of MyMela or its partners. Notwithstanding
the foregoing, neither MyMela nor its associates can ensure prompt removal of questionable Content after online posting. MyMela and its partners do not assume any liability for any action or inaction with
respect to conduct, communication, or Content on the website.
Your User Reviews & Feedback
For any information, images, data, software, photographs , videos, typefaces, graphics, music,
sounds, and other material (collectively "User Content"), sent, transmitted, or uploaded by you on the website,
you agree to grant MyMela and its partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up,
worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such
User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without
attribution; and (ii) subject to the restrictions set forth in this Agreement, all users an irrevocable, perpetual,
non-exclusive, royalty-free license and right to use such User Content for each user's personal, non-commercial use.
You understand that all your User Content may be visible to, sent to, and viewed by all other users of the website,
and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us to e-mail your
User Content to other users.
You alone are responsible for your User Content and for the resolution of any disputes that arise between you and any other entity
or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual
property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary
right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason,
including but not limited to User Content that, in our sole discretion, (i) Violates this Agreement, (ii) Is offensive or illegal, or (iii) May harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
Your Consent to Communication
You agree that we may send you certain information in connection with
the website. We may send you this and any other information in electronic form to the e-mail address you
specified when you created an account through the website. You have the right to withdraw this consent under
applicable law, but if you do, we may cancel your rights to the website. Notices provided to you via e-mail will
be deemed given and received on the transmission date of the e-mail. As long as you access and use the website,
you agree that you will have access to the necessary software and hardware to receive such notices. If you do not
consent to receive any notices electronically, you agree to stop using or accessing the website.
This website is not intended for persons under the age of 18. Because we cannot prohibit minors
from accessing, viewing, browsing, visiting or using the website, we must rely on parents, guardians and
those responsible for supervising minors to decide which materials are appropriate for minors to view and/or
purchase. By registering with this website, purchasing products from us or providing us with any information,
you represent to us that you are 18 and legally permitted to enter into a binding contract, or, if you are under
the legal age of consent, you have the express permission from your parent or guardian and that any information you
provide to us is not inaccurate, deceptive or misleading.
If you access the website from anywhere in the United States, you agree that the laws of the State of FL,
USA, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any
sort that might arise between you and MyMela.
Any dispute relating to your visit to the website, to this Agreement, to our advertising
or solicitation practices or to products you purchase through the website shall be submitted to
confidential arbitration in Boca Raton, FL, except that, to the extent you have in any manner violated
or threatened to violate our intellectual property rights, MyMela.com may seek injunctive or other appropriate
relief in any state or federal court in the State of FL and you consent to exclusive jurisdiction and venue in
such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing 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, no arbitration under this Agreement shall
be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
Please review our policies - Privacy, Returns, Shipping and Delivery,
and others- all of which are incorporated herein by this reference and
are posted on the website. These policies also govern your visit to the
website. We reserve the right to make changes to the website, policies, and
this Agreement at any time. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining condition.
Like most online retailers, after placing an order, you will receive an e-mail
Order Confirmation. Please note that this does not mean that your order has been
accepted. All orders are subject to acceptance by us, which are confirmed via an
e-mail called Shipping Confirmation. A contract between us is formed at this point.
The contract will relate only to those products whose shipment we have confirmed.
We reserve the right to cancel your order at any time before we have accepted it and
we may rescind our acceptance and cancel your order where there has been an obvious error
in price or where the product is no longer in our inventory.
Pricing & Product Availability
Prices and availability of products on the website are subject to change without notice.
Errors will be corrected as discovered. Our website contains a large number of products and it is always
possible that, despite our best efforts, some of the products listed on our Website may be incorrectly priced.
We are under no obligation to provide the product to you at an incorrect price if the pricing error is obvious and
unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently
cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order
has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider's
inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
All items purchased from MyMela.com are made pursuant to a shipment contract. This means that
the risk of loss and title for such items pass to you upon tender of the item to the carrier.
Should you invest in a microloan to an artist, your total loan amount, plus 10% bonus,
will be repaid in 3 equal monthly installments in the form of MyMela Credits. One MyMela
Credit is the equivalent of one US dollar. These Credits will be deposited in your MyMela account
and can be applied toward your next purchase of merchandise or microloans on the MyMela site.
To apply your MyMela Credits towards a purchase, add the items you wish to purchase to your cart, proceed to
checkout, and on the billing page you will see an option to enter the amount of “Total Credits Applied Towards this Order”.
Indicate the total number of MyMela Credits you wish to apply and the discount will be applied to your order. Purchases are deducted from your
MyMela Credits’ balance. If an order exceeds the amount you applied, the balance must be paid with a E Gift Card and/or credit card.
Sales tax is applicable on any merchandise purchased with MyMela Credits. MyMela Credits will not expire. Furthermore, MyMela Credits cannot be resold,
transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused MyMela Credit balances in a MyMela account may not be transferred.
Add all items you wish to purchase to your cart and then proceed to checkout. In the Billing Information section,
enter the Promotional code in the input box and press submit. If the promotional code is valid, your order will
show the discount. If the code is invalid, an error message will display in red. It may not work if your coupon
has expired, your order doesn’t meet criteria for the promotion, or you have already used a promotional code on the order.
Promotional codes also do not apply to E Gift Cards.
E Gift Cards can be used for purchases by adding the item(s) you wish to purchase
to your shopping cart and proceeding to check out. Under billing information, there will
be an input box where you can enter the numerical code on your E Gift Card for redemption.
After submitting this code, your order balance should indicate that the E Gift Card has been applied.
Sales tax is applicable on any merchandise purchased with a MyMela e- Gift Card. MyMela E Gift
cards do not expire. Furthermore, MyMela E Gift Cards cannot be resold, transferred for value,
redeemed for cash or applied to any other account, except to the extent required by law. Unused
E Gift Card balances in a MyMela account may not be transferred. Promotional codes also do not apply to E Gift Cards.
We have made significant efforts to accurately display the colors of our products that
appear on the website. However, as the actual colors you see will depend on your monitor,
we cannot guarantee that your monitor's display of any color will be accurate.
We may terminate your access or suspend your right to access all or part of the website,
without notice, for any conduct that we believe is in breach of this Agreement, is harmful to the
interests of others or us, or is against the law. In addition, we reserve the right to refuse an order from any customer.
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