USAGE RESTRICTIONS INTELLECTUAL PROPERTY
All of the content you see and hear on the WWW.CLOUDTENFASHION.COM web site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by CLOUD TEN LLC , one of its affiliates or by third parties who have licensed their materials to CLOUD TEN LLC . The entire content of the WWW.CLOUDTENFASHION.COM web site is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement and enhancement of the content. The content of the WWW.CLOUDTENFASHION.COM web site, and the site as a whole, are intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you
(1) only use these materials for your own personal, noncommercial use,
(2) do not copy or post the content on any network computer or broadcast the content in any media, and
(3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any content or materials is transferred to you as a result of any such activities. CLOUD TEN LLC reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site. CLOUD TEN LLC is a federally registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from CLOUD TEN LLC .
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to WWW.CLOUDTENFASHION.COM on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain CLOUD TEN LLC property. Such disclosure, submission or offer of any Comments shall constitute an assignment to CLOUD TEN LLC of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, CLOUD TEN LLC will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. CLOUD TEN LLC is and shall be under no obligation
(1) to maintain any Comments in confidence;
(2) to pay to user any compensation for any Comments; or
(3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
At WWW.CLOUDTENFASHION.COM, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day, with certain limited time offerings of merchandise at promotional prices. While merchandise offered on-line at WWW.CLOUDTENFASHION.COM won't be priced the same as merchandise offered at our CLOUD TEN LLC stores.
We have done our best to display as accurately as possible the colors of the products shown on the WWW.CLOUDTENFASHION.COM web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
CORRECTION OF ERRORS AND INACCURACIES
The information of the WWW.CLOUDTENFASHION.COM web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your WWW.CLOUDTENFASHION.COM purchase you may return it with the original WWW.CLOUDTENFASHION.COM packing receipt. Please see our Return Policy.
In the event a WWW.CLOUDTENFASHION.COM product is listed at an incorrect price due to typographical error or systems error, WWW.CLOUDTENFASHION.COM shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. WWW.CLOUDTENFASHION.COM shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by WWW.CLOUDTENFASHION.COM without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
WWW.CLOUDTENFASHION.COM may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in WWW.CLOUDTENFASHION.COM account information.
ENFORCEMENT OF TERMS AND CONDITIONS
By accessing and using the WWW.CLOUDTENFASHION.COM web site, you agree that your access to and use of the WWW.CLOUDTENFASHION.COM web site is subject to these Terms and Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of California, United States of America.
USE OF SITE
Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a CLOUD TEN LLC or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.
You agree to indemnify, defend, and hold harmless CLOUD TEN LLC , its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, CLOUD TEN LLC may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with CLOUD TEN LLC , CLOUD TEN LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CLOUD TEN LLC . CLOUD TEN LLC has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, CLOUD TEN LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MABLE DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT. MABLE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MABLE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
MABLE SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF MABLE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.