Last Updated: January 7, 2016
Welcome to www.themscollection.com (“Website”), a website of The Ms. Collection (“Company”, “Us”, or “We”).
1. ACCEPTANCE AND CHANGES
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MUST STOP USING THIS WEBSITE IMMEDIATELY.
2. NO WARRANTY
Neither we nor any third party provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
This Website may contain links to non-The Ms. Collection websites. These links are provided to you as a convenience, and The Ms. Collection is not responsible for the content of any linked website or the actions of those that provide or use such linked web site. Any non-The Ms. Collection website accessed from this Website is independent from The Ms. Collection, and The Ms. Collection has no control over the content of that web site. In addition, a link to any non-The Ms. Collection website does not imply that The Ms. Collection endorses or accepts any responsibility for the content or use of such a website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by The Ms. Collection of that third party or of any product or service provided by a third party.
3. OUR CONTENT AND TECHNOLOGY
“Our Content” means any intellectual property, data, or communications transmitted by us, our users or third-parties via our Website including, but not limited to files, images, listings, logos, messages, postings, ratings, recommendations, reviews, text, trademarks or editorial content. It also includes all content generated by us.
“Our Technology” means any past, present and future intellectual property or related rights in the Website, including, but not limited to, software, code processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, artwork, graphic material, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Website and all other tangible or intangible materials related to, displayed, performed, or distributed on the Website, including, but not limited to the selection, sequence, “look and feel” and arrangement of items on the Website, and all of our marks, domain names, patents and other intellectual property.
Unless otherwise noted, all of Our Content is owned, controlled or licensed by us. Our Content is protected by copyright, trademark, service mark, and/or other intellectual property rights. You understand and agree that you shall acquire no rights in Our Content or Our Technology unless otherwise stated in writing.
c. Prevention of Unauthorized Use. We reserve the right to employ whatever lawful means we consider necessary to prevent unauthorized use of the Website, Our Content and/or Our Technology, including, but not limited to, technological barriers, IP mapping and contacting your Internet Service Provider (ISP).
5. COPYRIGHT AND TRADEMARK INFRINGEMENT POLICY
Notification: If you believe in good faith that material hosted by the Website infringes your copyright or trademark, you or your agent may send us a written notice that includes the following information:
a. A clear identification of the copyrighted or trademarked work you claim was infringed;
b. A clear identification of the material you claim is infringing the copyrighted or trademarked work, and information that will allow us to locate that material on the Website, such as a link to the infringing material;
c. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number;
d. A statement that you have a “good faith belief that the material that is claimed as copyright/trademark infringement is not authorized by the copyright/trademark owner, its agent, or the law”;
e. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
f. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices should be sent to the Notice address under the MISCELLANEOUS section below, Attn: Copyright and Trademark Agent. We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
Counter-notification: If you believe in good faith your material that was removed or disabled was not infringing, or that you had authorization from the copyright/trademark owner or the copyright/trademark owner’s agent, or pursuant to the law, to post and use the materials, you or your agent may send us a written notice that includes the following information:
a. Your physical or electronic signature;
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the courts in the State of California and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If counter-notice is received by us, we may send a copy to the complaining party stating that we may replace the material or cease disabling access in 10 business days unless an action is filed seeking a court order.
Notwithstanding the foregoing, we reserve the right to remove material deemed to be infringing, at our sole discretion, without prior notice and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine, at our sole discretion, that he or she is a repeat infringer.
Your right to use the Website is not transferable. Any password or right given to you to obtain information or documents from this Website is not transferable.
Any liability or responsibility for any damages allegedly caused by viruses, or other electronic bugs, contained within the electronic file containing the form, phrase, or quote that you access is disclaimed. The Ms. Collection is not liable to you for any incidental, special or consequential damage of any kind that may result from your use or inability to use our Website. Any liability to you under any and all circumstances shall be limited to the purchase price paid by you for any goods, services, and information
8. THIRD-PARTY LINKS
The Website may provide links to other sites (each a “linked site”) and allow you to leave the Website to access third-party material or bring third-party material to the site via “inverse” hyperlinks and framing technology. We have no discretion to alter, update, or control the content of a linked site. The fact that we have provided a link to a linked site is not an endorsement, authorization, sponsorship, or affiliation with respect to such linked site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site.
Customers represent and warrant that purchasing a product from The Ms. Collection or from any merchants connected to this Website that:
(1) Any credit information you supply is true, accurate and complete.
(2) Any charges incurred by you will be honored by your credit card company or checks written by you shall be honored by your bank.
(3) You will pay the charges incurred by you at the posted prices, including shipping and handling and any applicable sales taxes.
Accuracy of all content submitted for custom designs is the responsibility of the customer. We do not accept responsibility of liability for any and all errors on custom orders.
12. PROHIBITIONS ON USE
You may not do or encourage any of the following actions on the Website:
a. Sell, resell, lease, sublicense, market, distribute, assign or otherwise transfer rights to or commercially exploit any portion of the Website;
b. Take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
c. “Scrape” the Website, or use any bot, spider, data miner or automated agent to access and/or use the Website or gain access to or use any of Our Content;
d. Reformat, copy, reproduce, modify, translate or create derivative works of or display any portion of the Website, or mirror and/or frame any pages of the Website on any other website;
e. Attempt to decipher, decompile, disassemble, or reverse engineer any of Our Technology;
f. Remove or interfere with any of Our Content, Our Technology or any other proprietary right of the Website;
g. Use the Website: (i) for any unlawful purpose, (ii) to defraud or mislead us or any third-party, or (iii) to create damage or risk to us or any third-party business, network or facility;
h. Transmit via or through the Website any information, data, text, images, files, links, software, chat, communication or other materials that is, or which The Ms. Collection considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
i. Sell or promote any products or services that are unlawful;
j. Sell or promote controlled pharmaceutical substances, tobacco, firearms, or alcoholic beverages;
k. Introduce viruses, worms, Trojan horses and/or harmful code on the Internet’
l. Display material that exploits children under 18 years of age;
m. Post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
n. Promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes;
o. Harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
p. Impersonate any other person, including but not limited to, a The Ms. Collection official, expert or bulletin board leader, guide or host;
q. Post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age);
r. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
s. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website or in connection with your use of the Website, in any manner; or
t. Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
13. PERSONAL USE ONLY
The Website is available only for users’ personal non-business use. Any other use is prohibited, unless otherwise stated in writing to you by us.
a. Notice. We may give notice by means of a general notice through the Website.
16. NON-RELIANCE ON WEBSITE
We may discontinue or change any of Our Content or any service, function, or feature of the Website at any time with or without notice.
17. DISCLAIMER OF WARRANTIES
a. YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY, SUITABILITY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
b. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
c. ANY ADVERTISERS APPEARING ON OR THROUGH THE WEBSITE ARE NOT OUR AGENTS OR EMPLOYEES AND WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY ENTITY OR SERVICE APPEARING ON OR AVAILABLE THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
d. WE DO NOT REPRESENT OR WARRANT THAT: (i) THE WEBSITE WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS, (ii) THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE, OR (iii) THAT ALL DEFICIENCIES IN THE SERVICE CAN BE FOUND OR CORRECTED. FURTHER, THE WEBSITE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. WE WILL NOT BE RESPONSIBLE FOR: (1) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF USER OR ANY USER, (2) INTEROPERABILITY OF SPECIFIC USER APPLICATIONS OR EQUIPMENT, (3) INABILITY OF USERS TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET, (4) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET, (5) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS, OR (6) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.
e. WE DO NOT WARRANT THAT THE SERVICE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL AGENTS.
18. LIMITATION OF LIABILITY
a. IN NO EVENT, INCLUDING NEGLIGENCE, WILL WE OR ANYONE ELSE INVOLVED IN ADMINISTERING THE WEBSITE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF DATA, DAMAGES FOR DELAY, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY CLAIM AGAINST USER BY ANY OTHER PERSON RESULTING FROM MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, SERVER DOWNTIME, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
b. WE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR SERVICES, INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
c. WE SHALL BE LIABLE TO USERS ONLY AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE TO USER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THESE TERMS AND CONDITIONS SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY USER, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THESE TERMS AND CONDITIONS OR OF ANY REMEDY CONTAINED HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, OR MAY PROVIDE ADDITIONAL RIGHTS THAT MAY NOT BE WAIVED PURSUANT TO THIS DOCUMENT.
d. YOU HEREBY ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
e. USERS WHO RESIDE IN CALIFORNIA AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
f. TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE-HUNDRED DOLLARS ($100.00).
19. AS IS, WITH ALL FAULTS
The Website is provided on an “AS IS” and “WITH ALL FAULTS” basis.
The provisions of this Agreement that by their nature are intended to survive the expiration or earlier termination, including those provisions relating to ownership, indemnification/defense, warranty disclaimer, and limits of liability shall survive the expiration or earlier termination of this Agreement.