Thank you for visiting our Web Site (“Site”). YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. Your use of this Site is governed by the following terms of use (“Terms”). If you do not agree with all of these Terms, please refrain from using this Site. By using this Site, you agree to comply with, and to be bound by, these Terms. Elseware Labs LLC may, from time to time, change these Terms in its sole discretion. By using this Site after any such change, you agree to comply with, and to be bound by, the Terms as changed.
This Site as a whole, and all material on this Site, is protected by copyright, trademark, and other intellectual property rights.
All materials on this Web Site (the “Site”), and the Site itself, are subject to protection by U.K. and international intellectual property laws, including, but not limited to, rights in the nature of patents, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any similar rights recognized under laws or international conventions in any country or jurisdiction in the world.
This website, its text, designs, graphics, arrangement, and compilation of data is the copyright of TL (EUROPE) LIMITED or its subsidiaries or affiliates and or ateliers or designers, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks and other materials contained in this Site, as well as the software used in the design and development of this Site (collectively, “Content”).
The name and trademark Elseware Labs, any logos and all other Elseware Labs LLC related marks depicted in this Site, whether registered or unregistered, are trademarks or service marks of Elseware Labs LLC.
Neither the website, nor any part of it may be reproduced, adapted, stored in a data storage or retrieval system or transmitted in any form or by any means without the prior written permission of Elseware Labs LLC, except in accordance with the provisions of the Designs and Patents Act 1988. Products and services that appear on this website may be trademarks and/or registered trademarks of their respective owners.
Any images contained within the website www.elsewarelabs.com are the property of Elseware Labs LLC and or their respective designers and or ateliers and may not be manufactured, reproduced or copied in any way whatsoever without the written formal permission of Elseware Labs LLC. Any finished product based on the original designs will be considered to be the property of Elseware Labs LLC and or their respective designers and or ateliers.
Copyright owners have the exclusive statutory right to exercise control over copying and other exploitation of the works. Elseware Labs LLC takes infringement of copyright law extremely seriously and therefore we state for the record, clarity and avoidance of doubt our statutory right to exercise control over copying and other exploitation of the works displayed, therefore pursuing those infringing our work and the work of our designers and ateliers under the US Copyright law and UK Copyright law (Copyright, Designs and Patents Act 1988) and by FACT (Federation against copyright theft) and under international and regional agreements including but not limited to the Berne Convention and the European copyright directives (International copyright law, Berne Convention for the Protection of Literary and Artistic Works, European copyright law, Agreement on Trade-Related Aspects of Intellectual Property Rights – TRIPS- and the Anti-Counterfeiting Trade Agreement – ACTA-).
Submissions
You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to Elseware Labs LLC through or in connection with this Site (“Submissions”), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain, Elseware Labs LLC’s property. Such disclosure, submission or offer of any Submission shall constitute an assignment to Elseware Labs LLC of all rights, title and interests in all copyrights and other rights in the Submission. Elseware Labs LLC is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with or related to this Site, you agree that Elseware Labs LLC has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. Elseware Labs LLC does not, cannot and does not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree not to upload, post, distribute or otherwise publish on this Site any material that (i) is libellous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible for the content of any Submission you make.
Links
This Site may contain links to other sites. Elseware Labs LLC is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Any link to another site, and reference to third-party information, products or services linked to this Site, is not, and should not be construed as, an express or implied endorsement by Elseware Labs LLC. Any questions or comments relating to such other sites should be addressed to the operator or operators of those sites.
Products
The Elseware Labs LLC products depicted in this Site are representative of the Elseware Labs LLC collective collection and those of their designers and or ateliers. Not all products of the Elseware Labs LLC’s range of collections are shown on this Site. The style, designs and colours of these collections and other products shown in this Site may be changed without notice. We have made every effort to display accurately the colour of the products depicted on this Site. However, we cannot guarantee that the actual colours displayed on your monitor are accurate.
Disclaimer on images of products on Elseware Labs LLC’s website and or ‘indicative’ finish samples:
Wood finishes and or samples.- The samples provided or presented are ‘indicative’ samples. Variations may occur. The samples provided (physical samples or images) are illustrative of the finish as per image or physical sample.
The finish on the illustration/image on Elseware Labs LLC’s website and or images provided to the client and or physical sample is an indicative finish, as we are dealing with a natural material and a hand finish. The figuration and grain of the wood represented on a particular illustration or wood sample presented or provided are characteristic of the particular wood sample (grain or figuration of the particular part of the wood or tree) used at that specific time of the production of the piece pictured / illustrated. Variations may occur as we are dealing with a natural material and a made to order piece finished by hand.
Please kindly note that the final product may vary in tone and grain pattern due to the nature of the wood itself. The colour used are our (ateliers) own production and therefore may vary from time to time due to environmental factors such as heat, light, humility, auxiliary shinning materials, so on and so forth. We may therefore be unable to reproduce the same colours perfectly every time.
Client’s own colour wood samples are understood as colour ‘indication’ only.
Leather finishes and or samples.- The samples provided or presented are ‘indicative’ samples. Variations may occur. The samples provided (physical samples or images) are illustrative of the finish as per image or physical sample.
The finish on the illustration/image on Elseware Labs LLC’s website and or images provided to the client and or physical sample is an indicative finish, as we are dealing with a natural material and a hand finish. The figuration/pattern and colour/hue of the leather represented on a particular illustration or leather sample presented or provided are characteristic of the particular sample used at that specific time of the production of the leather pictured / illustrated and or provided. Variations may occur as we are dealing with a natural material and a made to order leather finished by hand.
The leathers are specially produced in the purest tradition to bring out the natural leather characteristics such as streaks, contrasting shades and slight imperfections in the grain. Other characteristics such as the leather’s vulnerability to scratching, the colour solidity and the lightening that may occur
in the major traction points should be considered qualities and not defects. They are basic components of the living leather.
Velvet and or upholstery fabrics of ‘delicate’ nature and or composition:
Our disclaimer below follows instructions and standard terms and conditions (policies) stated by all fabric houses, related to general technical information, in relation to delicate fabrics (delicate nature due to the composition and or delicate pile of the fabric).
This may be relevant to the client’s order with Elseware Labs LLC, if and when the client selects upholstery of pieces of furniture from our collection in a ‘delicate’ fabric and or in the event of the client requesting to have our furniture pieces upholstered in a COM (client’s own material) material of a delicate nature and or composition.
During transportation and despite the special care taken during packing or general transportation of the fabric, some crushing or shine may appear on the velvet and or fabrics of this genre (delicate fabrics) and therefore the fabric should not be considered as damaged (either by the process of upholstery or damaged during transit and or the handling of the furniture pieces).
We also understand from fabric houses specializing in velvets and delicate fabrics of this and or similar genre that once a piece of furniture has been upholstered with a velvet (any velvets) and or a similar genre of fabrics it may show a little variation which should be considered as normal and will disappear with time.
When using a velvet or chenille and or a ‘delicate nature’ fabric of this genre as upholstery, humidity, temperature and pressure may cause an irregular shading due to the slight differences in the angle of the pile. This may give rise to slight changes in appearances which are not, however, an indication of the fabric being damaged.
Elseware Labs LLC and their production teams (manufacturers) and shippers will take the outmost care when handling delicate fabrics during the process of upholstery and during the process of packing and transport of the furniture pieces in question.
Elseware Labs LLC and or their appointed shippers or representatives will take no responsibility for the natural and delicate nature of such fabrics (velvets, chenilles, silks and or any fabric of ‘delicate‘ nature due to its composition and or pile), which by nature of their construction and composition have a tendency to mark and dent extremely easily.
Therefore the client accepts full responsibility for the nature and the natural consequences of this fabric selection.
COM (Client’s Own Material):
Elseware Labs LLC will not assume responsibility for imperfections in the cloth (on fabric or leather and to apply to all COM material), dye lot variations or wearing qualities of any COM material.
Please kindly note that unless the client provides clear written instructions as to the application of the fabric we will use our best judgment in applying the fabric.
Disclaimer
Material in this Site may contain inaccuracies or typographical errors. Elseware Labs LLC shall not be liable or responsible for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Site. It is your responsibility to evaluate the information and other content available through this Site. This Site and the information and materials contained in this Site are subject to change at any time, and from time to time, without prior or subsequent notice.
No Warranties
THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Elseware Labs LLC DOES NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT Elseware Labs LLC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.
Indemnity You agree to defend, indemnify and hold harmless Elseware Labs LLC, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of this Site.
Miscellaneous
These Terms and your use of this Site shall be governed under the laws of England and Wales, without regard to its conflict of law principles. Any dispute arising under these Terms or out of your use of this Site shall be exclusively resolved by the official courts located in Las Vegas, Nevada, USA. By using this Site, you hereby agree to the personal jurisdiction of, and venue in, such courts.
Termination
This Agreement is effective unless and until terminated by either you or Elseware Labs LLC, which termination may occur at any time. If Elseware Labs LLC determines, in its sole discretion, that you fail to comply with any of the terms or provisions of this Agreement, Elseware Labs LLC may terminate this Agreement immediately and without notice. Upon any termination of this Agreement by either you or Elseware Labs LLC, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.