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Terms of Service

1. General Terms and Conditions of Use

These General Terms and Conditions of Use (“Terms”) are entered into by and between you and Top Shop TV (a Studio Moderna SA brand). In consideration of your use of and access to this Internet site (the “Top Shop TV Site”), and the promises and obligations herein, and intending to be legally bound, you and Studio Moderna SA hereby agree as follows:
Your access to and use of the Top Shop TV Site is subject to these Terms, which incorporate the separately posted Privacy Statement, as well as any modifications to it issued by Studio Moderna SA and all applicable laws and regulations. BY USING THE TOP SHOP TV SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Top Shop TV Site.
Among other things, the Top Shop TV Site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the Top Shop TV Site in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Top Shop TV Site contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.

2. Changes in Terms.


Studio Moderna SA shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Top Shop TV Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Top Shop TV Site. You are responsible for reviewing the Top Shop TV Site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Studio Moderna SA to these Terms. ANY ACCESS OR USE OF THE TOP SHOP TV SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Studio Moderna SA shall be valid or enforceable against Studio Moderna SA unless expressly agreed to by Studio Moderna SA in a writing signed by a duly authorized officer of Studio Moderna SA.

3. Termination.

These Terms are effective until terminated by Studio Moderna SA. Studio Moderna SA may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Top Shop TV Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Studio Moderna SA shall also have the right without notice and at any time to terminate the Top Shop TV Site or any portion thereof, or any products or services offered through the Top Shop TV Site, or to terminate any individual’s right to access or use the Top Shop TV Site or any portion thereof.

4. Compliance with Laws


You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Top Shop TV Site and your purchase of the items on the Top Shop TV Site. You must be at least 18 years old to use the Top Shop TV Site.

5. Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Top Shop TV Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.”
The Content may contain errors, omissions, or typographical errors or may be out of date. Studio Moderna SA may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Studio Moderna SA in any way except to the extent it is specifically indicated to be so.
Please note that the permission granted herein terminates automatically if you breach any of these Terms. Any other use of the contents on this site, including reproduction, modification, distribution, or replication, may violate copyright or trademark laws, and, without the prior written permission of Studio Moderna SA, is strictly prohibited.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Studio Moderna SA or by third parties that have licensed their use to Studio Moderna SA. Subject to your performance of all of the provisions of these Terms, Studio Moderna SA grants you a limited, terminable, personal, non-exclusive license to access and use the Top Shop TV Site solely as provided herein and not to download (other than page caching) or modify the Top Shop TV Site or any information or data therein. You may use the Top Shop TV Site to view and use the Content only for your personal information and for shopping and ordering on the Top Shop TV Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Studio Moderna SA does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Top Shop TV Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Studio Moderna SA, is strictly prohibited.
USE OF THE TOP SHOP TV SITE
You will use the Top Shop TV Site in accordance with all applicable laws. Studio Moderna SA may, without notice, terminate your access to the Site or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect Studio Moderna SA’s networks, information and the security and integrity of the Site.
You shall not engage in unacceptable use of the site, which includes, without limitation, use of the site to: (a) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (b) misrepresent or otherwise attempt to mislead any person as to your information or otherwise engage in fraudulent or deceptive conduct; (c) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network or to portions of the site that are restricted; (d) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; or (e) engage in any other activity deemed by Studio Moderna SA to be in conflict with the spirit or intent of these Terms.
You are responsible for obtaining, installing and maintaining your own internal equipment and communications services necessary to access and use the site. You shall be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses that you incur by accessing the Top Shop TV Site.
Any and all information that we obtain from you, or from transactions processed through the Site, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the site may be collected and used by us as provided in our privacy policy which can be accessed through the following link: [insert link]
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Studio Moderna SA copyright agent the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Top Shop TV Site, including the Top Shop Item number, if applicable;
• Your address, telephone number, facsimile number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
• A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner; and
• The Studio Moderna SA Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

email: info@topshoptv.com or

Studio Moderna SA, Via Miravale 17, 6900 Lugano, Switzerland

6. Linked Third Party Sites

Links to other Internet sites operated by third parties, including Studio Moderna SA vendors, do not constitute sponsorship, endorsement, or approval by Studio Moderna SA of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Studio Moderna SA, and Studio Moderna SA is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

7. Prices; Orders.

All prices displayed on the Top Shop TV Site are quoted in U.S. dollars. Studio Moderna SA may restrict delivery to addresses within the United States and Canada. Studio Moderna SA will add shipping and handling fees and applicable sales/use tax. Studio Moderna SA reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Top Shop TV Site without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the Top Shop TV Site do not imply endorsement of that product or service, or constitute a warranty, by Studio Moderna SA.

The receipt by you of an order confirmation does not constitute Studio Moderna SA's acceptance of an order. Prior to Studio Moderna SA's acceptance of an order, verification of information may be required. Studio Moderna SA 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 Studio Moderna SA, for any reason. Studio Moderna SA reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Studio Moderna SA shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Studio Moderna SA shall promptly issue a credit to your credit card account in the amount of the incorrect price.

The risk of loss and title for all products purchased by you and shipped by Studio Moderna SA pass to you upon Studio Moderna SA's delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of Studio Moderna SA's vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.

8. Disclaimer and Limitation of Liability as to the Top Shop TV Site and Content


STUDIO MODERNA SA MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE TOP SHOP TV SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. STUDIO MODERNA SA ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE TOP SHOP TV SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TOP SHOP TV SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE TOP SHOP TV SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE TOP SHOP TV SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
STUDIO MODERNA SA’s LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL STUDIO MODERNA SA, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE TOP SHOP TV SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF STUDIO MODERNA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding the foregoing, because some jurisdictions do not allow for the exclusion or limitation of liability to the full extent described above, some of these exclusions may not apply to you. If these limitations or exclusions are held to be invalid or unenforceable for any reason, the maximum collective liability of Studio Moderna SA, its officers, directors, employees, and agents, if any, for losses or damages shall not exceed $100. In no event shall Studio Moderna SA, its officers, directors, employees, and agents be liable to you for any losses or damages greater than the amount referred to above.

9. Disclaimer and Limitation of Liability as to Products and Services

We want you to be completely satisfied with your Top Shop TV purchase. If for any reason you are not entirely pleased with a product you purchased on the Top Shop TV Site, simply return the item within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer’s warranty and service information detailing specific terms and conditions. Manufacturers’ warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY STUDIO MODERNA SA ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2000 COMPLIANCE. ACCORDINGLY, STUDIO MODERNA SA MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, STUDIO MODERNA SA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE Top Shop TV Site, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL STUDIO MODERNA SA, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE Top Shop TV Site, EVEN IF STUDIO MODERNA SA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL STUDIO MODERNA SA’s LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless STUDIO MODERNA SA, STUDIO MODERNA SA's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Top Shop TV Site. The foregoing indemnification obligation shall survive termination of these Terms and the Top Shop TV Site and any product or service provided to you arising out of or relating to your use of the Top Shop TV Site.

11. Submissions

Except as otherwise expressly provided herein or in the STUDIO MODERNA SA Privacy policy posted on the Top Shop TV Site, any communication or material you transmit to the Top Shop TV Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by STUDIO MODERNA SA, STUDIO MODERNA SA vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, STUDIO MODERNA SA, STUDIO MODERNA SA vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Top Shop TV Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.

12. Miscellaneous

You represent and warrant that you possess the legal right and ability to enter into these Terms and to use the Top Shop TV Site in accordance with these Terms. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by STUDIO MODERNA SA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. You agree not to assign or transfer any of your rights or obligations under these Terms. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the Top Shop TV Site or its services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
STUDIO MODERNA SA shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

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