PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THE WEBSITE. YOUR USE OF THE WEB SITE CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEB SITE.
1. Web Site Content.
The features, content, specifications, products and prices of products and services described or depicted on Web Site may be changed by us at any time without notice. Any weights, measurements and similar descriptions that we provide on the Web Site are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the products we feature on the Web Site, including the applicable sizes, designs and colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. In addition, we may make changes in information about price and availability without notice. The inclusion of any products or services on the Web Site at a particular time does not mean that these products or services will be available at any time on the Web Site.
2. Accuracy of Information.
We attempt to ensure that information on the Web Site is complete, accurate and current. Despite our efforts, information on the Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation that any information on the Web Site is accurate, complete and current.
3. Order and Shipment Limitations.
While it is our practice to confirm orders by email, the receipt of an email 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, to limit the order quantity on any product or service and/or reject an order. We also may require verification of information you submit prior to the acceptance and/or shipment of any order. When your order is accepted you are agreeing to the terms and conditions of FashionYouUp return policy. Your order will then be shipped to the address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Web Site. All purchases from the Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
4. Use of the Web Site.
Some of the trademarks, trade names, service marks and logos used or displayed on the Web Site are registered and unregistered trademarks, trade names and service marks of FashionYouUp and/or its parent and affiliated companies. Other trademarks, trade names and service marks used or displayed on the Web Site are the registered and unregistered trademarks, trade names and service marks of third parties. Nothing contained on the Web Site grants you or should be construed as granting you, by implication, estoppels, or otherwise, any license or right to use any of the trademarks, trade names, service marks or logos displayed on the Web Site without our written permission or the applicable third party owner.
6. Linking to the Web Site.
You may not create or maintain a link from another website to any page on the Web Site without our prior written permission. Running or displaying the Web Site or any information or material displayed on the Web Site in frames or through similar means on another web site without our prior written permission is also prohibited. If we grant permission, any permitted links to the Web Site must comply will all applicable laws, rule and regulations.
7. Third Party Links.
From time to time, the Web Site may contain links to websites that are not owned, operated or controlled by FashionYouUp or its parent and/or affiliated companies. All such links are provided solely as a convenience to you. If you use these links, you will leave the Web Site. We are not responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from any other website, or the results that you may obtain from using any other website. If you decide to access any other website linked to or from the Web Site, you do so entirely at your own risk.
8. Inappropriate Material.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Web Site. We will fully cooperate with any law enforcement authorities, court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
9. User Information.
YOUR USE OF THE WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED TO YOU"AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FASHIONYOUUP NOR OR ITS PARENT OR AFFILIATED COMPANIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER FASHIONYOUUP OR NOR ITS PARENT OR AFFILIATED COMPANIES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS, AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FASHIONYOUUP, INCLUDING ITS PARENT AND AFFILIATED COMPANIES, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
11. LIMITATIONS OF LIABILITY
Neither FashionYouUp, nor its parent or affiliated companies, assume any responsibility, and will not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Web Site, or your downloading of any information or materials from the Web Site. IN NO EVENT WILL FASHIONYOUUP OR ITS PARENT OR AFFILIATED COMPANIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEB SITE, ANY WEB SITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEB SITE.
12. Revisions to these Terms and Conditions
These Terms and Conditions may be revised by us at any time and from time to time by updating this posting. You should visit this page from time to time to review the then-current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of the Web Site.
13. Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and FashionYouUp to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Web Site will be brought only in the courts of the state of New York or the United States District Court for the Southern District of New York. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We may suspend or terminate your account or your use of the Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice.
15. Additional Assistance.
If you do not understand any of the Terms and Conditions or if you have any questions or comments, please contact one of our Customer Service Representatives by e-mail at firstname.lastname@example.org or by phone at 213-748-9191. Notification of Copyright Infringement Claims. If you believe that your copyright has been infringed by any content on the Web Site, please notify us in writing:
Attention: Copyright Claims
1722 Santee Street
Los Angeles, CA 90015
To enable us to investigate your alleged infringement or violation, please include the following in your notice:
FashionYouUp will investigate claims of copyright infringement upon receipt of proper notice and will take appropriate actions as required or permitted by law. Please be aware that, under applicable law, anyone who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, may be liable for damages to those who are injured by such misrepresentation.