Terms of service

1. OWNERSHIP OF SITE & AGREEMENT TO TERMS AND CONDITIONS OF USE

These terms and conditions of use (“Terms of Use”) apply to the Elia Fulmen website at eliafulmen.com, its affiliated businesses and Elia Fulmen websites across the world (collectively the “Site”) as well as our online jewelry retail services (the “Services”) provided by Promachos Pallas LLC. The Site is the property of Promachos Pallas LLC. 

By accessing the Site, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed by the laws of the United States of America and the federal laws applicable therein. 

BY USING/ACESSING THE SITE, YOU AGREE TO ABIDE BY THESE TERMS OF USE AND YOU ASSENT TO THE PRIVACY POLICY

AS LONG AS YOU COMPLY WITH THESE TERMS OF USE, ELIA FULMEN GRANTS YOU A PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED PRIVILEGE TO ENTER AND USE THE SITE AND SERVICES.

PLEASE READ THESE TERMS OF USE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

2. PURCHASES

Elia Fulmen offers information on our products and the ability to place your order for such products. Order acceptance and the completion of a contract between you and Elia Fulmen (“Contract”) will take place only when you make full or part payment at checkout, unless you cancel the order prior to completion, or we do not accept it or later cancel the order in accordance with our terms below. You agree to pay the amounts displayed to you at the time of purchase, as well as any applicable taxes and fees.

3. CHANGES TO WEBSITE, SOFTWARE AND SERVICES

Elia Fulmen reserves the right to do any of the following, at any time, without notice or liability: 

a. to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, (temporarily or permanently) for any reason;
b. to modify or change the Site, or any portion of the Site, and any applicable policies or terms;
c. to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
d. change, remove, or discontinue any jewelry or other product design (“Design”), product, service, or promotion (including pricing) as advertised on the Site at any time without notice and you confirm that Elia Fulmen shall not be liable for any such change or removal.
e. change or discontinue any promotional discount vouchers or coupon codes at any time with notice and you confirm that Elia Fulmen shall not be liable for any such change or removal.
Please note that your continued use of the Site following any changes shall be deemed to be your acceptance of such change. Elia Fulmen shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

Elia Fulmen reserves the right, at its sole discretion, to change, modify, revise, add or delete portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of, access to or browsing of the Site following the posting of changes to the Terms of Use means that you accept and agree to the changes regardless of whether or not you actually reviewed them. Changes will not apply to orders that have already been processed unless required by law.

4. INTELLECTUAL PROPERTY RIGHTS & CONTENT OF THE SITE

The content on the Site, other than User Submissions (as defined below), including the text, trademarks, slogans, graphics, and photos created by and for Elia Fulmen and interactive features, as well as the “look and feel” of the Elia Fulmen Site (collectively "Content"), the related copyrights, trademarks, logos and other intellectual property rights contained therein ("Marks"), and all intellectual property rights, including copyright and design rights, in the product Designs, are owned by Elia Fulmen subject to copyright and other intellectual property rights.

Content on the Site is provided to you on an “AS IS“ basis for your information and personal use only without any representations or warranties being made by Elia Fulmen regarding the Content.

You agree to not engage in the use, copying, reproduction, transmission, broadcast, display, distribution, sale, licensing or otherwise exploitation of any of the Site’s Content or User Submission (as defined below) other than expressly permitted herein. Elia Fulmen reserves all rights not expressly granted in and to the Site and the Content contained therein.

You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Site or the Content therein. You are prohibited from accessing the Site or using the Services for the purpose of creating any competing product or service.

You acknowledge and agree that any materials, including, but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site or Services that you provide via email or other means (“Feedback“) are non-confidential and shall become the sole property of Elia Fulmen.

You hereby assign to Elia Fulmen the exclusive rights, including all intellectual property rights, in all Feedback and Elia Fulmen shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

5. YOUR USE OF THE SITE

You agree not to implement or use automated systems including “robots”, “spiders”, or similar programs or devices that access the Site in any way to send more request messages to the Site servers in a given period of time than a human using a conventional web browser can in that same period of time. Nonetheless, Elia Fulmen grants permission to the operators of public search engines to use spiders to copy material from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Elia Fulmen reserves the right to revoke these exceptions either generally or in specific cases.

You agree not to use, distribute or collect anyone else’s personally identifiable information including email addresses, account names, or other User Submissions (as defined below) from the Site. In addition, you agree not to use communication systems available on the Site for any commercial solicitation purposes.

You also agree that you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose.

6. USER SUBMISSIONS

The Site contains material including ideas, suggestions, opinions, observations, text, data, photographs, audio, sound, chat, messages, comments and files posted by other users or submitted to us by users (collectively “User Submissions”). Due to the interactive nature of User Submissions Elia Fulmen does not assume responsibility for them. User Submissions are not endorsed by Elia Fulmen and we make no guarantee or representation with respect to the accuracy, reliability or quality of the User Submissions on the Site. You agree to bear all risks related to your use of User Submissions, including any reliance on the accuracy, completeness and usefulness of such User Submissions. All User Submissions on the Site are the sole responsibility of the person who originally posted it, thus your sole recourse for any damage you may suffer as a result of User Submissions shall be to the person who originally posted the User Submission. Elia Fulmen expressly disclaims any and all liability in connection with User Submissions. You represent and warrant that the posting and use of your User Submissions, including to the extent such User Submissions include any name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.

You alone are responsible for your own User Submissions, particularly in the Charm Log, and the consequences of posting or publishing them on the Site. You retain all of your ownership rights in your User Submissions. By uploading any User Submissions, you hereby grant Elia Fulmen and other third parties the non-exclusive, perpertual and sub-licenseable right to use and re-share such User Submissions, including photos or videos shared on any social platform which may be associated with Elia Fulmen's brand hashtags, including, without limitation to, #eliafulmen, #eliafulmenjewelry, #powermoves, #bethechange, or tagged with the @EliaFulmen account. You acknowledge and agree that the User Submissions may be used in any physical or digital Elia Fulmen or Promachos Pallas LLC owned space, including, without limitation to, retail locations, emails, social platforms, digital or physical advertisements and EliaFulmen.com. You also hereby grant Elia Fulmen permission to use and authorize others to use your name or social media handle in association with the User Submissions for identification, publicity related to the Site or Services and similar promotional purposes.

If you choose to post User Submissions on the Site you agree to adhere to generally accepted rules of etiquette and standards of behavior, and you agree that your use of the Site will respect the legal rights of users of/connected with the Site. You understand that the Site does not guarantee any confidentiality with respect to User Submissions.


Elia Fulmen expressly disclaims any and all liability in connection with User Submissions. Elia Fulmen reserves the right to terminate a user’s access to the Site, and remove Content and User Submissions in its sole discretion and without prior notice.

7. RULES OF CONDUCT

The following rules of conduct apply to your use of the Site and to any and all materials you post on the Site, including User Submissions wherever they may be on the Site.

You may not, in connection with the Site:

  • Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
  • Infringe or violate any patent, copyright, trademark or other intellectual property right;

  • Breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • Harass, abuse, threaten, cause harm, be vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;

  • Post material/User Submissions that may constitute a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;

  • Violate or encourage others to violate any applicable law, statute, ordinance or regulation;

  • Promote software or services that deliver unsolicited e-mail; or contain viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines; or

  • Use the Site of Services to spam any third-party.

    You may not, except with Elia Fulmen’s express advance authorization or in a specially designated area, use the Site to:

    • Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
    • Engage in commercial activities within the Site with third parties;
      • Harm minors in any way;
        • Solicit personal information from anyone under 18;
          • Provide false or deceptive information;
            • Use the Site’s content to engage in commercial activities;
              • Delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or
                • Allow usage by others in such a way as to violate these Terms of Use.

                   8. COPYRIGHT INFRINGEMENT

                  In your use of and interactions with the Site, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. Elia Fulmen reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.

                  10. TERMINATION

                  Elia Fulmen may without prior notice, immediately terminate your Elia Fulmen account and access to the Site and any other Elia Fulmen services. Cause for such termination shall include: (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Site (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Site or any Elia Fulmen product.

                  Termination of your Elia Fulmen account may include all or some of the following: (a) removal of your access to all pages within the Site; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Site.

                  11. DISCLAIMER

                  YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ELIA FULMEN, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, SHAREHOLDER, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF ELIAFULMEN.COM, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICES AND YOUR USE THEREOF. MEJURI MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. M

                  12. LIMITATION OF LIABILITY

                  IN NO EVENT SHALL ELIA FULMEN, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, SHAREHOLDER, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THE SITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

                  13. INDEMNITY

                   You agree to defend, indemnify and hold harmless Elia Fulmen, its subsidiaries, affiliates, directors, officers, shareholders, employees, licensors, agents or operators of Elia Fulmen, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including legal fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

                  14. ABILITY TO ACCEPT TERMS OF USE

                  In consideration for your use of the Site, you represent that you are at least eighteen years of age or possess legal parental or guardian consent. The Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.

                  15. ACCESSIBILITY

                  Elia Fulmen is committed to making our Site and Content accessible and user friendly to everyone.

                  If you are having difficulty viewing or navigating the Content on this Site, or have a suggestion on how to make the Site more accessible to people with disabilities, please contact us at hello@eliafulmen.com