Terms and Conditions
Emma the Lion, LLC, d/b/a Delphia (“Emma the Lion” or the “Company”) provides the website located at www.delphiastudio.com (the “Site”) subject to the following terms of service (“Terms”), which govern any access to or use of the Site and the services and content accessible via our Site or otherwise provided by the Company. The Site and all services and content provided therein or by the Company, all opportunities to purchase goods from the Company and the Company’s receipt of information from You, are collectively called the “Services.”
When you access or use the Services, including (without limitation) by providing any information via the Site or via email, or making a purchase from the Company, you agree to be bound by these Terms and represent that you have the capacity to be bound by these Terms, and are of legal age to form a binding contract.
If you do not wish to agree to these Terms, you must immediately stop accessing or using the Services, must not provide any information to the Company and must not make any purchase from the Company. Regardless of the foregoing, these Terms shall apply to your access to or use of the Services, provision of information via the Site or via email to the Company, or to any offer to purchase from the Company that occurs prior to such cessation.
This website is not intended for children under the age of 13, and children under the age of 13 may not provide any information to me. If you are over the age of 13, but under the age of 18 or otherwise not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian's permission to access this website. No information is knowingly collected or retained from children under the age of 13, nor is any such information knowingly used for any purpose.
The Company may alter the Terms at any time without notice. It’s important that you review the Terms whenever we update them or you use the Services. If you do not wish to agree to the Terms as altered, you must immediately stop accessing or using the Services, must not provide any information to the Company and must not make any purchase from the Company.
Purchase Eligibility
You may use the Services to make purchases only if you are 18 years or older and capable of forming a binding contract with us.
Privacy Policy
When you visit our Site, we collect information from you for a variety of business purposes. We will store this information in the United States, as well as in such other locations as may be utilized by third parties the Company contracts with in order to provide the Services, including Dropbox, MailChimp, SquareSpace, Facebook, Instagram, and other companies not listed here. If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to processing of your data globally.
By providing any information to the Company, you agree that the Company may use and store this information for any purpose related to the Services or the Company, including order fulfillment, billing purposes, to contact you, for direct marketing or advertising, for our own marketing materials, for tracking user activity, or providing requested information, goods or services, to conduct research in order to improve the Services, or to enforce these Terms, subject to any applicable laws. You also agree that the Company may contract with any person for the foregoing purposes and share the information that you provided to the Company. The Company retains the information it receives as described in this Privacy Policy for as long as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, or comply with applicable laws.
The Site and the Company may collect information via tracking technology like cookies, pixel tags, or Google Analytics, which track the actions of visitors on our website. Such information may include, but is not limited to, the name of your internet service provider, the IP address of the computer you are using, the type of browser software and operating system that you use, the date and time you access our website, the website address, if any, from which you linked directly to our website, the website address, if any, to which you travel from our website, your home page customization preferences and other similar traffic-related information. This information helps us improve our website and the products, services, applications, content and features that we provide through our website.
Information provided by You related to the Services may be accessed by employees who need it in order to perform their job. The Company uses commercially reasonable efforts to protect your information, but cannot guarantee the security of information stored on its own or third party servers, or the means by which information is transmitted between your computer and the Company. Any information that you provide to us is done so entirely at your own risk.
E-mail Communications
By providing your e-mail address to the Company, you elect to receive e-mails from the Company. To opt out or unsubscribe from these emails, please click the “Unsubscribe” link at the bottom of any e-mail you receive.
California Civil Code Section 1798.83 permits California residents to request certain information regarding disclosure of personal information to third parties for direct marketing purposes. To make such a request, please send an email to studio@delphiastudio.com.
Payments
When you make a purchase from the Company, you authorize the Company or its third party payment processor to charge your payment method for any such purchases (plus any applicable taxes and other charges) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in U.S. dollars. When you initiate a purchase transaction with the Company, you may be asked provide your name, billing address, credit card information, or additional information related to your identity.
Please be aware that if you utilize a third party payment processor, that processor’s terms and conditions may also apply to your payment transaction. This information is available from the applicable third party payment processor.
Customer Service, Shipping and Returns
The Company is committed to customer satisfaction. Please refer to our Shipping and Returns Policy (here) for information regarding shipping and returns. The Shipping and Returns Policy is part of these Terms and your agreement to the Shipping and Returns Policy is a condition of your use of the Services, provision of information to the Company or any purchase from the Company.
Other Promotions
We reserve the right to refuse, suspend, or revoke promotional offers at any time.
Your Use of the Services
Unless authorized in writing by the Company, you may use the Services solely for your personal and non-commercial use, and solely as provided by the Terms.
You may not:
Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Services, including without limitation, engage in the practice of "screen scraping," or any other similar activity, subject to the Content section below;
Hack into the Services or any of its websites, attempt to interfere or interfere with the Services, damages, disable or impose unreasonable burdens on the Services, transmit any viruses or destructive code, or modify another website so as to falsely imply that it is associated or affiliated with the Services;
Damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Services;
Violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or access or attempt to access any password-protected, secure or non-public areas of the Services without the express permission of the Company;
Use the Services for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms; or
Use, display, mirror or frame the Services, or any individual element within the Services, the Company’s name, any Delphia trademark, logo or other proprietary information (including through the use of meta tags or the like), without the Company’s express written consent, except as is otherwise provided for herein.
Content
(a) The Company’s Content
Unless otherwise indicated, the Site, and all content on the Site, including without limitation all visuals, graphics, photos, text, audio, video, logos, and names (the “Content”), is subject to copyright, trademark, trade dress, trade secret and/or other intellectual property rights or licenses held by the Company. Any use of the Content, except as specifically provided in these Terms, is strictly prohibited.
Unless otherwise agreed to in writing by the Company’s authorized representative, any use of the Content by You must meet these requirements:
(i) Use of the content on social media platforms (such as Facebook, Instagram, Twitter, Tumblr, Reddit, Vero, Snapchat and the like) must be accompanied by a clear statement that the Content is from Philadelphia, as well as a link to the Company’s Site, Instagram account (@delphiastudio) or Facebook account;
(ii) Use of the content on a blog must be accompanied by a clear statement that the Content is from Delphia, as well as a link to the Company’s Site;
(iii) You must not commit bandwidth theft, otherwise known as hot linking, remote linking, or direct linking; and
(iv) You must not use any Content to make money, or for commercial/for-profit use.
Content is provided through the Services “AS IS”, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall the Company be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Services.
(b) User Content
“User Content” means and includes any text, images, videos or other works of authorship of any kind that are posted, generated, provided, or otherwise made available by you through the Services. User Content includes without limitation Feedback (defined below) and Tagged Media (defined below).
(i) You Grant a License to the Company
By making any User Content available through the Services you hereby grant the Company a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content, in whole or in part, in connection with the Services and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing or advertising and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (whether now known or hereafter devised). You agree that the Company is not obligated to utilize any of the rights granted in these Terms and we do not guarantee any confidentiality with respect to any User Content you submit or upload.
Except where prohibited by law, by submitting or uploading User Content through the Services, you waive and agree not to assert any “moral” rights or claim resulting from our alteration of the User Content or any part thereof. You also agree that the Company is your attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents in your name and on your behalf to ensure that the Company can use the User Content, to protect the Company’s rights in any derivative works created from your User Content, and to have the User Content removed from any other website or platform.
(ii) You are Responsible for Your User Content
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that (i) your User Content, (ii) your use and provision of the User Content through the Services, and (iii) any use of your User Content by the Company, does not and will not infringe, misappropriate or violate a third party’s intellectual property rights, trade secret laws, any third party’s right of publicity or privacy, or result in the violation of any applicable law or regulation.
The Company is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
You agree that you will not post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
(c) Company-Tagged Media
The Company may extract content from users and customers that share photos and videos on Instagram using Delphia’s brand hashtags, including #delphia, or by tagging the Company Instagram account @delphiastudio (all such hashtagged or @delphiastudio labeled photos and videos, the “Tagged Media”). You acknowledge and agree that the Tagged Media may be used in the Company’s retail locations, showrooms, email, on its Site or other websites that it operates or controls, and you hereby grant the Company permission to use and authorize others to use your name or social media handle in association with the Tagged Media for identification, publicity related to the Services and similar promotional purposes, including after you terminate your use of the Services. You represent and warrant that posting and use of your Tagged Media, including to the extent such Tagged Media include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, trade secret rights, publicity rights, copyrights, trademark or other intellectual property rights.
Copyright Policy
If you believe that any Content violates your copyright, please provide our copyright agent with the following information:
electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
an identification of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on or through our Services;
your address, telephone number, and e-mail address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; and
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.
Pursuant to Title 17, United States Code, Section 512 (the “Digital Millennium Copyright Act”), notifications of claimed copyright infringement should be sent to the Company’s Agent at studio@delphiastudio.com. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.
Feedback
We welcome feedback, comments, reviews of the products you purchase from us, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at emma@emmathelion.com. As provided for by the “User Content” section above, by submitting such Feedback, you grant to the Company a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Terms of Sale; Risk of Loss
By placing an order with the Company, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute acceptance of an order by the Company.
The Company retains the right to refuse any offer to purchase made by you, for any reason. The Company reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, the Company shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, the Company shall provide a credit for the amount of the purchase.
Prior to the Company’s acceptance of an order, verification of information may be required. The Company reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from the Company, for any reason.
All features, specifications, products, prices of products and services, discounts, promotions and offers through the Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. The Company reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors.
We have also provided our opinion regarding the origin, age and other historic aspects of the materials used to create Products on the Site. These opinions are merely opinions, are not guaranteed to be true, and should not be relied upon in making a purchase. No more than $50 of the value of any Product sold on our site is derived from any representation regarding its origin, age, or other historic attributes. Returns are not accepted on the basis of a disagreement with any such representation.
Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.
The risk of loss and title for product(s) purchased by you pass to you upon delivery of the product(s) to the shipping carrier by the Company.
Indemnity
You agree to indemnify and hold the Company (and its officers, owners, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms, your use of the Services, your purchase from the Company, or any related activity.
Third Party Links
The Company disclaims responsibility for or any liability relating to links to third-party websites or resources, including third party payment processors such as PayPal, Stripe, and similar services. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. THE USE OF VINTAGE FABRICS AND MATERIALS MEANS THERE MAY BE MINOR DAMAGE TO TO THOSE MATERIALS RESULTING FROM THEIR AGE AND NORMAL WEAR AND TEAR.
ANY ESTIMATES OF THE AGE OR ORIGIN OF MATERIALS USED TO CREATE PRODUCTS ARE NOT GUARANTEED AND ARE MERELY ESTIMATES BASED ON OUR OPINION, AND SHOULD NOT BE RELIED UPON. No more than $50 of the value of any Product sold on our site is derived from any representation regarding its origin, age, or other historic attributes. Returns are not accepted on the basis of a disagreement with any such representation.
WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICES OR CONTENT, OR ZERO DOLLARS IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY.
Governing Law and Consent to Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of courts in Texas for all disputes arising out of or relating to the Terms or the Services.
General Terms
(i) Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between the Company and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Emma the Lion and you regarding the Services and Content, unless explicitly provided for by a writing signed by the Company’s authorized representative.
(ii) Notices
Any notices or other communications provided by Emma the Lion under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(iii) Waiver of Rights
Emma the Lion’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Emma the Lion. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
(iv) Survival of Terms
If any provision in these Terms is held to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be enforced to the maximum extent permissible, and to the extent necessary, deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
(v) Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Emma the Lion’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Emma the Lion may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Questions for us?
If you have any questions about these Terms or the Services, please contact us at studio@delphiastudio.com.