Legal Notice

USERS SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.


WEBSITE TERMS AND CONDITIONS OF USE


Welcome to the www.mer-la.com  website (the “Website”).

The use of this Website is governed by the following terms and conditions of use (hereinafter the “Terms and Conditions of Use”). By navigating and using this Website, you unconditionally agree to comply with and be bound by the following Terms and Conditions of Use, and the relevant general terms and conditions of sale when you make an online purchase on this Website. If you do not accept all the Terms and Conditions of Use, please exit this Website immediately.

The Website is operated by MERLA LLC (hereinafter “MERLA”), with its registered office in Delaware (USA).

MERLA reserves the right to amend the Terms and Conditions of Use of the Website at its sole discretion, at any time and without notice. The use of the Website after such amendments implies full acceptance of the Terms and Conditions of Use in their amended version.

  1. Intellectual property rights
    This Website as a whole and all material on this Website, together with the “MERLA” trademark, are owned and registered by the MERLA Group.
    All trademarks and logos, whether or not they are registered or displayed on the Website, including but not limited to the “MERLA” trademark, and all the other related distinctive marks reproduced on the Website, are and will remain the exclusive property of the MERLA LLC. Such trademarks and signs may not be used in connection with any product or service that does not originate from the MERLA LLC, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the MERLA LLC or the “MERLA” trademark or products bearing the “MERLA” trademark.
    You acknowledge and agree that this Website and all the content included therein, including, but not limited to, all texts, information, data, images, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, descriptions, software, HTML codes and screens contained therein and the like (hereinafter collectively “Content”), is owned by or licensed to the MERLA LLC and is subject to protection by international intellectual property laws, including, but not limited to, rights of the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.
    Use of the Website is permitted for your own personal use and not for your business purposes.
    Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Website, you may access, download, copy, store, manipulate, reformat, print or display any Content to which you have obtained authorized access solely for your personal use and not for business purposes. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Website, or any Content contained therein.
    No right, title and/or interest deriving from or pertaining to the Content, material or software of the Website may be deemed assigned to or acquired by you as a result of your use of the Website. You agree to accept and abide by all copyright or trademark notices and other notices contained on the Website and in the Content. All rights are reserved in all countries worldwide.
  2. Disclaimer
    This Website and its Content are provided on an "as is" and "as available" basis. Any use of this Website is at your own risk. You may have certain rights under the applicable consumer laws. These Terms and Conditions of Use do not affect any such rights. To the maximum extent permitted by applicable law, MERLA disclaims all warranties conditions and representations either express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose.
    In no event shall MERLA or any other MERLA LLC company, be liable (on whatever basis, either contractual and non-contractual) for any direct, indirect, incidental, ancillary, financial or non-financial damage whatsoever (including, but not limited to, damages for loss of profit or revenue, data or programming, even if MERLA has been advised of the possibility of such damages) arising out of:

(a) your use of the Website, including, but not limited to, any loss or damage caused by any delays, inaccuracies, errors or omissions in any information accessed on or through the Website,
(b) any transaction concluded through or from the Website,
(c) your inability to use the Website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or through the Website,
(d) the deletion, correction, damage, loss or failure to store any information concerning or transmitted on the Website,
(e) the use of any products or services obtained on or through the Website,
(f) unauthorized access to the Website and unauthorized alteration to transmissions or data,
(g) statements or conduct of any third party on the Website or
(h) any other matter relating to the Website.

MERLA will make any effort to ensure the accuracy and timeliness of the information included on this Website but cannot absolutely guarantee that the information is complete, accurate and constantly up to date and that the Website does not contain any imperfections or that such imperfections will be corrected.
Any reference to any product or service which has been or may be provided by the MERLA or any other company authorized by the MERLA for this purpose does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
The MERLA reserves the right to modify or discontinue the Website (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that the MERLA shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
In the event that applicable laws do not allow disclaimer of liability or exclusion of the above-mentioned implied warranties, said exclusions and disclaimers may not apply to you, either wholly or partially.

  1. Submissions
    You agree that any and all proposals, designs, concepts, photographs, testimonials, and other items or material (except for your personal information) disclosed or submitted to us through this Website or by other means (hereinafter "Submissions") are neither confidential nor proprietary to you. By making a Submission to MERLA or any other MERLA LLC company, you assign to the MERLA LLC all rights, title and interests, including copyrights, in the Submission. The MERLA Group has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; (iii) to respond to or acknowledge any Submission.
    You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that the MERLA LLC has the right, but not the obligation, to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
  2. Cookies
    Cookies and other tracking tools are used in the Website to ensure that it functions efficiently and to improve our service, including by the sending of online advertising messages in accordance with user preferences. Cookies are small text files sent to the terminal you use to access to the Internet (usually to the user’s browser) by the websites you visit. Cookies are stored in the user’s computer or device to be recognized by those websites on the user’s subsequent visits.
    Most browsers are initially set to accept cookies. You can at any time reset your browser to reject all cookies or to notify you when a new cookie is being sent. However, rejecting all cookies may prevent you from using certain functions of the Website.
    In order to know which cookies are used in the Website, how to disable them and/or withhold consent, or for any further information, see our Cookie Policy. 
  3. Privacy
    MERLA understands the importance of maintaining the confidentiality, integrity and security of its users’ personally identifiable information (collectively “Personal Data”). In general, you can access and browse the Website without providing Personal Data. However, there may be times when you may be requested knowingly and freely to provide some Personal Data, so that you may participate in the Website’s services, activities or features, for example when you place a purchase order or create an account. For the purpose of using these Website sections or functions, you undertake to read the relevant privacy policy expressing, when requested, your consent to the processing of your Personal Data and you agree to provide true, accurate, current and complete information.
    Please see our Privacy Policy for further details.
  4. Links to other Websites
    The Website may contain links to websites other than its own. These websites may contain and be governed by their own terms and conditions of use or no terms and conditions at all. MERLA has no responsibility for those websites and provides these links solely for the convenience of its users. Such links may be to advertisers, content providers or other companies that may use our logo and/or style as a result of a co-branding agreement. Such websites may send their own cookies to you and may collect information and use the same in a way that is inconsistent with these Terms and Conditions of Use. Furthermore, MERLA cannot control these websites and external sources. To the maximum extent permitted by applicable law, MERLA cannot be held responsible for those websites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those websites and external sources. In addition, MERLA cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those websites or external sources.
  5. Acceptance of terms and conditions of use
    By navigating this Website, you represent and warrant that (a) you accept these Terms and Conditions of Use; (b) your use of the Website will comply with these Terms and Conditions of Use.