User Agreement

Please note that occasionally there may be information about products on the Urbanmist.com website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

The prices displayed on this website are quoted in U.S. dollars ($) and are valid and effective only in the United States. They are subject to change at any time.

Context

Welcome to Urbanmist.com. Before you use the Urbanmist.com website (the “Site”), please read the following basic terms that govern your use of the Site. By using the Site, you agree to follow and be bound by these terms (the “Agreement”). Throughout this site, the terms “we,” “us,” “our,” “Urban Mist”, “URBAN MIST,” “Urban Mist.com,” or any other reference related to Urban Mist refer to URBAN MIST and any of its affiliated companies as appropriate in the context.

Copyright

All content included on this site hosted by URBAN MIST, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site's owner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of this site's owner and protected by United States and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.

Warranty/Disclaimer of Liability

YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR-FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT URBANMIST.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is caused by an intentional act of Urbanmist.com. We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any transaction completed with you and any change or elimination of this Agreement and/or the Site.

General

We may from time to time change the rules that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move, or delete portions of, or may add to the Site from time to time including but not limited to content and equipment and/or software needed for access or use.

All content including depictions of persons which appear in any visual graphic design which could be construed as that of a sexual nature has been represented to URBAN MIST as including individuals at least 18 years of age at the time of creation of the depiction. By using this website, the user agrees that any submission of content to URBAN MIST is made with an express declaration of the submitting user confirming the content involves individuals of at least 18 years of age.

Copyrights, Trademarks & other Intellectual Property Rights

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, verbiage, and other materials that are part of the Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Urbanmist.com. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Urbanmist.com.

All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names, and company names or logos, including the reproduction, modification, distribution, or republication of same without the prior written permission of the owner of same, is strictly prohibited.

The materials on the Site, and the Site as a whole, are intended solely for personal, noncommercial use. You may download or copy the downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the Site, the Site as a whole, or any related software without the prior written permission of Urbanmist.com. Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written permission of Urbanmist.com.

Right to use Copyrights and Trademarks

You represent and warrant to Urbanmist.com that you have the unrestricted right to use, copy, and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture, or illustration of any person or any other intellectual property (“Material”) for any and all submissions by you to Urbanmist.com. You warrant that, in obtaining the Material and submitting it to Urbanmist.com for reproduction, you have not violated or infringed on any trademarks, copyrights or other intellectual property rights of any third party. You agree to indemnify and hold Urbanmist.com, and its directors, officers, employees and agents (“Urbanmist.com Parties”) harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by Urbanmist.com Parties by reason of breach of this warranty, and you agree to pay any judgment or settlement offer resulting from any suit, demand, or claim, and to pay any attorney's fees incurred by Urbanmist.com Parties in defending against any such suit, demand or claim.

The burden of determining that any Material is not protected by trademark, service mark, copyright or other proprietary right rests with you. You are solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third-parties whose rights may be violated or infringed by the use of any Material protected by trademark, service mark, copyright or other proprietary right. To use any logo, trademark or copyrighted items, a customer must have written permission from the owner of the logo or trademark or copyright. A customer may not use any logo or other graphic material in a manner which may infringe copyright, trademark, service mark, or other proprietary mark. A customer also may not use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner. We assume no responsibility for damages or any wrong doing that the customer may cause using a logo, trademark, or copyrighted items. You agree to indemnify and hold the Urbanmist.com Parties harmless from and against any suit, demand, claim, loss, liability, damage, or expense made against or incurred by Urbanmist.com Parties by reason of the unauthorized, improper, or illegal use of any logo or trademark or copyright that is printed on or otherwise applied to promotional merchandise ordered or purchased by the customer through Urbanmist.com.

Grant of License to URBAN MIST

When uploading or authorizing others to upload any copyrighted, trademarked, or other protected material to URBAN MIST, you grant a license to URBAN MIST which gives URBAN MIST the non-exclusive, perpetual, irrevocable, paid-up, worldwide right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part), modify and create derivative works from such material and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

Legal Compliance

You shall use Urbanmist.com for lawful purposes only. You shall not transmit through Urbanmist.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to Urbanmist.com for any breach of this provision or any other provision of this Agreement.

User Comments, Feedback and other Submissions

All comments, feedback, suggestions, ideas and other submissions disclosed, submitted, or offered to Urbanmist.com or otherwise disclosed, submitted, or offered in connection with your use of the Site shall be and remain Urbanmist.com’s property. Such disclosure, submission, or offer shall constitute an assignment to Urbanmist.com of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas, and other submissions.

Duties, Taxes, and Licenses

All duties, taxes, and licenses incurred while shopping at urbanmist.com are the sole responsibility of the customer. urbanmist.com cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses.

Ancillary Computer Equipment and Services

You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site.

Indemnification
You agree to indemnify, defend, and hold harmless Urbanmist.com Parties against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing Urbanmist.com under your account.

Governing Law

The Site is created and controlled by Urbanmist.com, Inc. in the State of New York. The laws of the State of New York will govern all terms, conditions and disclaimers on the Site, including this Agreement, without giving effect to any principles of conflicts of laws.

Intellectual Property Guidelines (For Reference Only)

For additional information related to Copyrights, Trademarks, Service Marks, Trade Dress, and other Intellectual Property Rights, click HERE.