Terms & Conditions

Introduction

Welcome to our website, Amka® Luggage, Gem 2 Piece Luggage, Gem Luggage (the “Site”). These Terms and Conditions are a legally binding agreement between you and Amka® Luggage (“Amka,” “we,” “us,” or “our”) governing your use of the Site and any services made available through the Site (collectively, the “Services”).

Please read these Terms carefully before using the Site or Services. By accessing the Site or using any Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, do not access or use the Site or Services.

We may modify these Terms at any time, and such modification will be effective immediately upon posting the modified Terms on the Site. Your continued use of the Site or Services after we have posted modified Terms signifies your agreement to be bound by the modified Terms. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.

Use of the Site and Services

You must be at least 18 years old to access and use the Site or Services. If you are under 18, you may not access or use the Site or Services.

The Site and Services are intended solely for users who are residents of the United States. We make no representation that the Site or Services are appropriate or available for use outside of the United States. Accessing the Site or using the Services from outside of the United States is prohibited.

You agree to provide accurate and complete information when interacting with the Site and using the Services, and to promptly update any account information provided to us to keep it accurate and complete. Providing any false or inaccurate information may result in the immediate termination of your account and your ability to access and use the Site and Services.

You agree to not use the Site or Services to violate any applicable law, regulation, or ordinance, or for any illegal purpose. Examples of prohibited activities include:

Criminal activities such as money laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion
Intellectual property infringement, including infringing or misappropriating copyrights, trademarks, patents, or other proprietary rights
Defamation, harassment, fraud, or stalking
Accessing data not intended for you or logging into a server or account which you are not authorized to access
Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and Services for your own personal use. This license does not include any right to:

Copy, modify, transmit, distribute, or create derivative works from the Site or Services;
Use any data mining, robots, or similar data gathering, extraction, or indexing tools on the Site or Services;
Reverse engineer, decompile, disassemble, or attempt to discover the source code for any software or protocols associated with the Site or Services;
Circumvent or attempt to circumvent any access controls, restrictions, or security measures on the Site or Services.

Any use of the Site or Services in violation of these Terms may result in the immediate revocation of your limited license to access and use the Site and Services.

We reserve the right to terminate your ability to access and use the Site or Services at any time and for any reason, including for violation of these Terms.

User Content

The Site and Services may allow you and other users to upload, submit, or transmit text, images, audio, video, or other content (“User Content”).

You retain full ownership of your User Content. However, by uploading, submitting, transmitting, or otherwise making available any User Content on the Site or through the Services, you grant us a worldwide, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use, copy, modify, create derivative works from, distribute, publicly display, and otherwise exploit in any manner such User Content.

You represent and warrant you have all necessary rights to grant us this license for any User Content you upload, submit, transmit, or otherwise make available on the Site or through the Services.

We have no obligation to monitor, approve, or pre-screen User Content. However, we reserve the right in our sole discretion to remove, edit, refuse to post, or restrict access to any User Content at any time and for any reason. Under no circumstances will we be liable for any loss or damage caused by your reliance on User Content made available on the Site or through the Services.

When posting or otherwise making User Content available on the Site or through Services, you must abide by the following rules:

User Content must not be illegal, threatening, defamatory, libelous, harassing, offensive, or obscene.
User Content must not infringe or violate any third party’s rights, including intellectual property rights or rights of privacy or publicity.
User Content must not contain viruses, corrupted files, or any other similar software or program that may harm or interfere with the operation of the Site or Services.
User Content must not contain false information, misrepresentations, or misleading claims.
User Content must not constitute unauthorized commercial communications or spam.
User Content must be yours. You may not impersonate any other person or entity.
User Content must not violate any law or promote any illegal activity.
User Content should be appropriate for a general audience.

We may remove any User Content at any time which we determine violates these rules or is otherwise objectionable. We have no obligation to retain your User Content for any period of time and are not responsible for any loss, theft, or inadvertent deletion of User Content.

Links to Third Party Websites

The Site or Services may provide links to third party websites and online services. Such links are provided for your convenience only. We do not endorse or assume any responsibility for third party sites, services, content, advertising, products, or other materials made available through such links.

If you access a third party website or online service from the Site or Services, you do so at your own risk. We encourage you to review the terms of use and privacy policies of any third party website or service you visit through links on the Site or Services. Your use of third party websites and services may also be subject to additional terms and conditions imposed by such third parties.

Intellectual Property

The Site and Services contain intellectual property owned by us and our licensors, including copyrights, trademarks, service marks, trade names, trade secrets, and other proprietary and intellectual property rights. You agree to respect our intellectual property rights and those of our licensors by not copying, modifying, creating derivative works from, reverse engineering, or otherwise attempting to extract or discern the source code for the Site or Services.

The Amka® Luggage, Gem 2 Piece Luggage, Gem Luggage name, logo, and all related names, logos, and slogans are our trademarks or those of our affiliates and/or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site or Services are the trademarks of their respective owners. You may not use or register any marks that are confusingly similar to our marks, or copy or imitate the look and feel of the Site or Services.

If you believe your intellectual property rights have been infringed on the Site or Services, please notify us immediately. We will promptly investigate and take appropriate action.

Disclaimers

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO REPRESENTATIONS OR WARRANTIES: (1) THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (2) THAT ACCESS TO THE SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED; OR (4) THAT THE SITE OR SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY CONTENT OR DATA DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITE AND SERVICES IS ACCESSED AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR DATA CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS RESULTING FROM YOUR USE OF THE SITE OR SERVICES.

We are not responsible for the accuracy, completeness, appropriateness, or legality of User Content, third party websites, or any other information you may be able to access using the Site or Services. Any reliance you place on such information is strictly at your own risk.

The disclaimers above apply to the maximum extent permitted by law. You may have other statutory rights, but the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES.

OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE SITE AND SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF $100 OR THE AMOUNTS YOU PAID US IN THE PAST YEAR.

The limitations of damages set forth above apply to the maximum extent permitted by applicable law.

Indemnification

You agree to defend, indemnify, and hold us and our parents, subsidiaries, affiliates, licensors, suppliers, and partners harmless from any claims, demands, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, made by any third party relating to or arising out of:

Your breach of these Terms;
Your use of the Site or Services;
User Content you submit, post, transmit, make available, or otherwise distribute on or through the Site or Services; or
Your violation of any applicable laws or rights of another.

We reserve the right to assume the exclusive defense and control of any claims subject to indemnification by you. You agree to reasonably cooperate as fully as reasonably required by us in defense of any claim.

Governing Law

These Terms are governed by the laws of the State of Tennessee without regard to conflict of law principles. Any dispute arising from or relating to the Site, Services, or Terms shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Davidson County, Tennessee.

Modifications and Termination

We reserve the right, at our discretion, to modify these Terms at any time. Such modification will be effective immediately upon public posting on the Site. Your continued use of the Site or Services after any posted modification signifies your acceptance of the modified Terms. It is your responsibility to periodically review these Terms.

We reserve the right to suspend or terminate your access to and use of the Site or Services at any time and for any reason, including for violation of these Terms. We have the sole right to determine whether you are in violation of any of these Terms.

Provisions that should logically survive termination of these Terms shall remain in effect after termination.

Contact Us

If you have any questions about the Site or Services, please contact us at:

Amka® Luggage
123 Main St.
Nashville, TN 37201
[email protected]

Additional Terms for Specific Portions of the Site and Services

Additional terms and conditions may apply to use of certain portions of the Site and Services, such as policies for a particular event, program, activity or promotion. Additional terms will be made available and will become a part of these Terms. Please be sure to read any additional terms carefully before accessing those portions of the Site and Services.

By using any areas that require additional terms, you agree to abide by those additional terms. If there is a conflict between these Terms and the additional terms, the additional terms will control for that portion of the Site or Services.

Complete Agreement

These Terms constitute the entire agreement between you and Amka® Luggage relating to your use of the Site and Services. These Terms supersede any prior or contemporaneous agreements, proposals, discussions or communications between you and Amka® Luggage regarding the subject matter contained herein.