GENERAL USE PROVISIONS; DISCLAIMER
All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Content”), are provided either by Carmelita Couture or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of Carmelita Couture and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Content may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Carmelita Couture and/or the Third Party Provider. Also, you may not “mirror” or “archive” any Content contained on the Website on any other server without Carmelita Couture’s prior express written permission.
Materials on this Website have been prepared by us for general informational purposes only. This site is controlled and operated by Carmelita Couture from its offices within the United States. Carmelita Couture makes no representation that any of the Content on this Website is appropriate or available for use in other locations, and access to them from territories where the Content is illegal is prohibited. Those who choose to access the Website from other locations do so upon their own initiative and are responsible for compliance with applicable local laws. Further, you specifically agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Except where expressly provided otherwise by Carmelita Couture, nothing on the Website shall be construed to confer any license or ownership right in or to the Content, under any of Carmelita Couture’s intellectual property rights, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the LEGAL CONTACT INFORMATION section below if you have any questions about obtaining such licenses. Content provided by Third Party Providers has not been independently reviewed, tested, certified, or authenticated in whole or in part by Carmelita Couture. Carmelita Couture does not provide, sell, license, or lease any of the Content other than those specifically identified as being provided by Carmelita Couture.
Any unauthorized use of any content contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable local, state, federal and international laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Carmelita Couture controls and operates the Website and the services associated therewith. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity. You agree to accept responsibility for all activities that occur under your account or password.
ACCEPTANCE OF TERMS
By accessing, viewing, or using this Website, you indicate (i) that you understand and intend these Terms and Conditions, Celebrity Policy and Privacy Policy to be the legal equivalent of a signed, written contract, and equally binding, and (ii) that you agree to such Terms and Conditions, Celebrity Policy and Privacy Policy. Users may print and download materials and information on this Website solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a user may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through this Website. As a further condition of use of this Website, all users warrant to us that they will not use this Website for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. Any rights not expressly granted herein are reserved.
GENERAL PROVISIONS: WEBSITE CONTENT LIMITATIONS
Products, Content and Specifications All features, Content, specifications, products, services, and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. The actual color you see, however, will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Website at a particular time does not imply or warrant that those products or services will be available at any time.
Shipping Limitations
When an order is placed by you, the order will be shipped to the address that you designate, as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to the Shipping Terms, and you should review those Shipping Terms before completing any transactions with us.
Accuracy of Information
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may be inaccurate, incomplete or out-of-date. We therefore make no representation or warranty as to any information on this Website being complete, accurate or current. For example, products included on the Website may be unavailable, and/or may have attributes different than those listed on the Website. In addition, we may make changes to information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Website by any visitor or customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
CONDUCT
You agree that you will not use the Website for any unlawful purpose. Your failure to comply with this rule may result in the immediate termination of your right to access or use the Website, without prior notice to you. Further, you will not use the Website to engage in any activity that is harmful, threatening, abusive, harassing, tortious, invasive of another’s privacy or otherwise objectionable to any third party. You agree you will not impersonate any person or entity, including, but not limited to, an employee or officer of Carmelita Couture, or falsely state or otherwise misrepresent your affiliation with any person or entity. You agree not to upload, email, transmit or otherwise input any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Further, you will not use the Website to collect or store personally data about other users.
Account Termination
We may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
AGE RESTRICTIONS
Carmelita Couture does not accept Submissions from persons under the age of 13 (“Child” or “Children”). Furthermore, Carmelita Couture does not accept any user who is a Child. You are ineligible to use this Website if you are under the age of 13. If you are under the age of 18, you must have your parent or legal guardian set up your account and must have them agree to these Terms. If you are under the age of 18, your parent or legal guardian’s consent to these Terms is ongoing and they hereby warrant that they will review these Terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these Terms. Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants Carmelita Couture all rights to utilize the copyright and image/likeness embodied therein as further enumerated in this Agreement, as though the parent or guardian made the submission themselves.
LINKS TO OTHER WEBSITES
The Website may contain links or have references to websites controlled by parties other than Carmelita Couture. We may provide such links in our sole discretion solely as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by us. If you use these links, you will leave the Website. These sites have not necessarily been reviewed by us and are maintained by third parties over which we exercise no control. You acknowledge and agree that Carmelita Couture is not responsible for the availability of these outside resources, has not reviewed all of these third party sites, does not control or endorse such sites, does not take any responsibility for the use of these third party websites, and is not responsible for any content, advertising, services, products or other material on or available from such sites or resources, or their policies, including privacy policies or lack thereof. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
You acknowledge that Carmelita Couture shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by use of or reliance on any such content, goods or services available on or through any such sites or resources. You further acknowledge and agree that Carmelita Couture does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. Accordingly, Carmelita Couture expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
THIRD PARTY TRANSACTIONS
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Website, including payment and delivery of goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
DISCLAIMERS
WHILE Carmelita Couture ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, WE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON. YOU, THE USER, EXPRESSLY CHOOSE TO ASSUME ALL RISKS ASSOCIATED WITH MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AND CONTENT AVAILABLE ON THIS SITE. Carmelita Couture MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY Carmelita Couture, THE WEBSITE, INCLUDING ALL SUCH INFORMATION AND CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND ARE FOR USE AS CONTRACTED HEREIN. Carmelita Couture EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, GUARANTIES, CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Carmelita Couture AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE, THE CONTENT, THE GOODS, SERVICES, IMAGES OR DATA CONTAINED ON AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE CONTENT, GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH, NOR THE SERVICES OF ANY THIRD PARTY PROVIDERS. Carmelita Couture DOES NOT CHECK THE ACCURACY, RELIABILITY OR SAFETY RELATED TO THE CONTENT IT DISPLAYS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Carmelita Couture AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER Carmelita Couture NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR CONTENTS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. Carmelita Couture IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Carmelita Couture EXCEED $200.00. IN NO EVENT SHALL Carmelita Couture OR ITS THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT OR FOR ANY INFORMATION, CONTENT OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE ACCESSING OR USE OF THIS WEBSITE OR THE DELAY OR INABILITY TO USE THIS WEBSITE AND/OR THE SERVICES ASSOCIATED THEREWITH, INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, REGARDLESS OF CAUSE, WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO CUSTOMER IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO CUSTOMER’S INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.