When these Terms mention “MetalGothicWorld,” “we,” “us,” or “our,” it refers to the MetalGothicWorld company. If you use any of our services, we will refer to you using the terms “user”, “visitor”, “you”, “your” or “yours” in these Terms.
This website is owned and run by MetalGothicWorld.
These Terms govern your access and use of the MetalGothicWorld website (www.melba-it.com), including our pages on third party social media platforms such as Instagram, Facebook, Twitter and any other websites or apps we own or run from time to time (collectively, "Website").
Please read through these Terms in conjunction with our Privacy Statement prior to using this Website.
By using this Website you agree to be legally bound by our Terms, Privacy Statement and Cookie Notice. If you do not accept these Terms, Privacy Statement and/or Cookie Notice, please do not use this Website.
1. Privacy Statement
Our Privacy Statement explains how we collect, store and use personal data about you when you access our Website, shop with us or otherwise provide your personal data to us. These terms will apply regardless of how the Website is accessed and will cover any technologies or devices by which MetalGothicWorld make the Website available to you. Further details can be found at Privacy Statement.
By using this Website, you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.
2. Accessing the Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website to different groups of customers.
3. Your account security
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. MetalGothicWorld will not be liable to any person for any loss or damage arising from any failure on your behalf to protect your account. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
4. Disclaimer of Liability
Due to the nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and/or security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website. The Website may contain inaccuracies, typographical errors or other errors and may not always be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
All product descriptions, information and materials posted on this Website are provided “as is” and without warranties express, implied or otherwise howsoever arising.
MetalGothicWorld will not be liable to you or any other third party by reason of our removing or editing any materials or content on this Website.
6. Written communication
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. You agree that e-mail can be used as a long-distance means of communication.
MetalGothicWorld will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
7. Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with MetalGothicWorld and you should not rely on the existence of such a connection or affiliation. Any trademarks / names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to MetalGothicWorld.
You may not use this Website for any of the following purposes:
• disseminating any unlawful, misleading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
• transmitting material or distributing a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, or otherwise breaches any relevant laws, regulations or codes of practice;
• gaining unauthorized access to any computer system;
• interfering with any other person's use of this Site;
• breaching any laws concerning the use of public telecommunications; networks;
• interfering or disrupting networks or web sites connected to this Site;
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
• using automated systems or software to extract data from this Website for commercial purposes, ('screen scraping') is prohibited without license.
9. Ownership of Rights
All rights, including copyright, know how, moral rights and other intellectual property rights over all material and content including (but not limited to) text, images, web pages, sound, software, software code, interfaces, Website structure and videos, in and to this Website are owned by or licensed to MetalGothicWorld unless otherwise indicated.
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, our other exclusive rights or those rights of third parties in either the Website or its contents.
By submitting information (other than your personal data), text, photos, graphics or other content to the Website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.
You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
Please read and understand the below before providing a gift message, posting a product review or any other user generated content on our Website or social media sites.
Ownership of Submissions
Other than personal data (which is subject to our Privacy Statement ) you hereby grant MetalGothicWorld a non-exclusive licence to use in whatever form (copy and publish) the rights to all comments, gift messages, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to MetalGothicWorld on or through the Website or otherwise disclosed, submitted or offered by you (collectively, “Submissions”) once submitted. You must comply with the content standards set out in these Terms in Section 11. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines.
Gift messaging services – online gift card purchases only
If you use the gift message service, you acknowledge and agree that the gift message service is provided for your own personal and non-commercial use only. You are entirely responsible for the text and other content of your gift message and MetalGothicWorld accepts no liability for any such content and you will follow the rules for Submissions set out in these Terms in Section 11. We have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.
Social networking sites
11. Content Standards
These content standards apply to any and all Submissions and to any interactive services associated with the Website (the "Content Standards").
We do not endorse any opinions expressed or Submissions made by anyone and shall have no liability for such opinions expressed or Submissions made.
You must comply with the spirit of the following standards as well as the letter. The Content Standards apply to each part of any Submission as well as to its whole.
• be accurate (where they state facts);
• be genuinely held (where they state opinions); and
• comply with applicable law in Ireland and in any country from which they are posted.
Submissions must not:
• contain any material which is defamatory of any person;
• contain any material which is obscene, offensive, hateful, threatening or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity or age;
• infringe any patent, copyright, database right, trade mark or other intellectual property right of any other person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case; or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
12. Intellectual Property Rights
A disclosure, Submission or offer of any Submissions and your agreement to these Terms shall constitute a perpetual, irrevocable and non-exclusive licence to MetalGothicWorld of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any MetalGothicWorld related third party Website or page, you must comply with the content standards set out in Section 11 and these Terms. Any third-party advertising on MetalGothicWorld pages of third party social networking sites are not the responsibility of, or endorsed by MetalGothicWorld. All rights, including copyright on MetalGothicWorld Website pages are owned by or licensed to MetalGothicWorld. Any use of any MetalGothicWorld social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission ofMetalGothicWorld. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trademarks, intellectual property rights or any other rights of others.
You will indemnify MetalGothicWorld against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and/or all sums paid by us as a result of any settlement agreed by us arising out or in connection with your use of the Website or a breach by you of any of these Terms, including but not limited to:
• any claim by any third party that the use of this Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of this Website by you infringes that third party's copyright or other intellectual property rights of whatever nature; or any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of this Website by you.
MetalGothicWorld shall have the right in its absolute discretion at any time and without notice to amend, remove or vary these Terms or any page of this Website.
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Linking to our Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of us, but you must not establish a link in such a way as to suggest any form of association, or endorsement on our part where none exists.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
19. Governing law and jurisdiction
These Terms shall be governed by and constructed in accordance with the laws of the Republic of Ireland and all disputes will be referred to the exclusive jurisdiction of the Irish Courts.
20. Entire Agreement
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and MetalGothicWorld.