Terms and Conditions
This agreement applies as between you, the User of this Website and Empress Wear, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
STOREFRONT TERMS OF SERVICE - Empress Wear
Our Services. You agree and understand that we 1) provide an online site that sells products and services directly to consumers online and/or 2) refer consumers to other web sites ("Affiliate Partner(s)") that sell products and services for which we are paid a fee for referring you to them if they do business with you, under certain terms and conditions we have agreed to with them. Hereafter the term "Item" shall refer to any product or service sold or offered by us or by an Affiliate Partner. You expressly agree and understand that this Site is delivered using technology and hosting services provided by third parties. To keep this Site operational, we have established business relationships with other entities apart from Affililate Partners, including, without limitation, Vyport International Ventures Incorporated (d/b/a IncomeShops.com) and other organizations and individuals who provide products, services and other tangible and intangible assistance and services to us (collectively "Business Partners"). Our Business Partners and Affiliate Partners shall be referred to collectively as "Partners".
Our Network. Collectively, we refer to all components and infrastructure required to deliver our services as the "Network". The Network therefore, includes without limitation, our Site, delivery and service mechanisms, online infrastructure (e.g. without limitation, hardware and related security technology) and all other materials, documentation, methods, methodologies and know-how used to deliver, manage, fulfill, support, enhance and correct the services we provide to our customers, including you.
Authorized Use. You may use our Site to purchase or procure the Items offered by us or by our Affiliate Partners. If we provide such capabilities, you may also upload or contribute content, including, but not limited to testimonials, product reviews, opinions, articles, etc., ("Content"), and use any features which we may make available to users of our Site. You agree that any contributions you make to our Site will adhere to the Acceptable Use Policy governing your conduct on the Site. The Acceptable Use Policy may change at any time at our sole discretion, so please check to make sure you are in compliance with them from time to time.
Data. You agree and understand that the technical processing and transmission of data, including your Content, may be transferred unencrypted and may involve (a) transmissions over various unsecured networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to our third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain access to the Site and the services we provide.
Data Monitoring. You understand and agree that we may monitor and track your activity on the Site and through the Network. You agree not to engage in any activity that is intended to bypass mechanisms we use to track your activity (or data) or that of another user, including, without limitation, mechanisms used to determine the fees you or others owe to us. You expressly agree and understand that any attempt to do so will constitute a material breach of this Agreement.
Payments. You agree to pay the amounts billed for any Items purchased and to adhere to any billing and procurement practices required of our Partners.
Price Changes. You agree and understand that prices for Items listed on our Site may change at any time and for any reason. Unless otherwise stated, all purchases are final, subject to the refund and return policies applicable to each Item.
Credit Card Billing, Privacy. You agree and understand that we may elect to use a third-party intermediary to manage credit card processing and this intermediary may not be permitted to store, retain, or use your billing information except to process your credit card information for us. This provision notwithstanding, you agree and understand that we have no control over this intermediaryís policies and practices and will not be held liable (subject to the limitation of liability terms hereof) for any misuse or misappropriation of your credit card information by them, their employees, contractors, agents, partners, or suppliers.
Use of Your Content. You agree and understand that you are not required to provide us with any Content or other materials other than information provided to us to fulfill our obligations to you hereunder. All other information provided is at your own voluntary discretion. Should you provide Content, you agree and understand that by way of uploading, delivering or otherwise making available to us any such Content and/or other materials, you hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license to use, store, sub-license and exploit this content in any manner we see fit, which may include commercialization of the Content with no compensation whatsoever to you. You further agree to indemnify us against any losses or claims if any of the Content you give us infringes the rights of a third party.
Use of Your Name. By way of these Terms of Service, we will have the right to refer to you by your name and to use any Content, disclosures, quotes or testimonials you give us, whether verbally or in written form in marketing and promotional materials,. You agree and understand that any and all of the foregoing may become part of our marketing and/or promotional materials without compensation whatsoever to you. By way of these Terms of Service, you expressly agree that we can use your name, Content, correspondence or other information transmitted to us for promotional purposes or to improve our offerings; this does not include ordering information such as credit card information or complete addresses. The foregoing notwithstanding, nothing in this Agreement shall prevent us or our Partners from making any public or private statements about your business relationship with us.
Title & Ownership. As between you and any other user and us, we retain all title and all ownership and intellectual property rights relating to the Network. Title and all ownership and intellectual property rights in and to the content accessed through the Network is the property of the applicable content owner and may be protected by law. This Agreement gives neither you nor any other user any rights to content not owned by it, and you agree that you will not distribute or otherwise use any third party content without the express permission of the content owner. Except as expressly provided in this Agreement, all right, title and interest in and to the Network remains with us and our licensors and suppliers.
Links to Third Party Sites. We may post advertisements or other information that link to sites operated by third parties including without limitation, links to sites operated by any of our Partners. However, even if the third party is affiliated with us, you agree and understand that we have no control over linked sites. These sites may have separate terms and conditions which you are expected to abide by if you visit them, including, without limitation, privacy, use, and data collection practices. We provide links to these sites to 1) deliver increased value to our visitors, including you, 2) sell products or services, 3) earn referral or advertising revenue, or 4) for other purposes that we believe are beneficial to our user community in general. As such, these linked sites are only for your convenience and therefore you access them at your own risk. In accordance with the limitation of liability provisions hereof, we accept no liability for any claims you may have with respect to any linked site, including without limitation, links to sites operated by our Partners.
Copyright. All content we provide, including, without limitation, videos, text, graphics, downloadable software, instructions, other information, or software code is either 1) our property or 2) property of our licensors, Partners, or other third parties whose content we are authorized to use, or who have entered into other written agreements with us to provide services (e.g. without limitation, software, hosting and other licenses). As between you and us, the content on our Site or in any service we provide, is protected by the copyright laws of the United States, European Union, and other countries. No title or ownership is conveyed to you by us for your use of the Site or for buying products or services sold, advertised, promoted, fulfilled, shipped or delivered by us or by a Partner. Notwithstanding the foregoing, you may display, copy, or print content if necessary for non-commercial use, for placing an order, or for purchasing products or services offered by us or a Partner. Any other use of the materials made available to you by way of our Site or any service we offer that you do not own or have authorization to use (e.g. without limitation, authorizations to use, store, distribute, post, resell, etc.), is a violation of these Terms of Service and is strictly prohibited. You expressly agree and understand that you cannot use materials protected by copyright unless authorized to do so by the applicable copyright holder. To the extent that materials or content are provided to you by us, whether downloaded, via email or otherwise, you agree not to change, alter, modify, reconstitute, or delete any proprietary notices contained therein.
Our Trademarks. The graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of ours or our Partners in the U.S., EU and/or other countries ("Trademarks"). You agree not to use our Trademarks in an unauthorized manner. You further agree that our Trademarks, may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Indemnification. You agree and understand that you shall defend, indemnify and hold us, our officers, directors, employees, agents, licensors, and Partners (collectively the "Indemnified Parties") harmless from and against all costs, charges and expenses (including legal fees) arising out of your use of our websites, services, modules, content, or other materials or services owned or provided by or through us or breach of these Terms of Service, including, without limitation, breach of the intellectual property provisions hereof.
Warranty Disclaimer. YOU AGREE AND UNDERSTAND THAT THE SITE, RELATED SERVICES, CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT OUR SITE, PRODUCTS, CONTENT, SERVICE, OR ANY ASPECT OR SUBSET THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE SITE, SERVICE OR ANY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability. IN NO EVENT WILL WE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT, STRICT LIABILITY OR OTHER CAUSE OF ACTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE OR THE NETWORK OR FEATURE OR FUNCTIONALITY THEREOF EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL CLAIMS WHATSOEVER RELATED TO THIS AGREEMENT OR A PRODUCT OR SERVICE PURCHASED THROUGH THE SITE EXCEED THE FEES PAID BY YOU TO US FOR SUCH PRODUCT OR SERVICE. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Term and Terminaton. The terms and conditions herein are in effect immediately when you access the Site and remain in effect during any registration or other usage activities. We reserve the right to terminate this Agreement with or without notice at any time, for any reason. In such event, you agree and understand that the provisions herein that govern Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Notice, Governing Law, Jurisdiction, Severability and Assignment shall survive any termination. You further agree and understand that we will not be liable for any disruption to you in the event that we terminate this Agreement.
Notices. At our option, we may deliver notices to you by means of e-mail, a general notice on the Site, or by other reliable methods to the physical mailing address you have provided to us (if applicable). Notices from you to us should be provided via email to email@example.com.
Severability. If we fail to enforce any provision of this Agreement, you agree that such action (or inaction) on our part does not constitute a waiver of any provision or right we may have in contract or law, nor does it invalidate the remaining terms of the Agreement. You further agree that the Agreement is not subject to change through any practice or action on our part, and the extent of the agreement between us is limited to the terms and conditions set forth herein. You expressly acknowledge that this Agreement is a contract between you and us, even though it is electronic and is not physically signed by either of party.
Assignment. You agree and understand that we reserve the right to assign its rights and duties under this Agreement to any third party at any time without notice to you and any such action will not constitute a breach of this Agreement.
Force Majeure. In no event shall we be liable for interruption or delays in transmission or errors or defects in transmission or failure to transmit resulting from causes beyond itsí control, including, without limitation, acts of God or failure of any Internet infrastructure provider, including the organizations that the Parties engage to provide Internet access to the Service or Site.
Headings. The headings used in this Agreement are included for convenience only and will not affect or limit the interpretation of this Agreement.
Governing Law. This Agreement shall be governed in all respects by the laws of the State of Florida, U.S.A., without regard to choice of law provisions, and expressly not by the 1980 U.N. Convention on contracts for the international sale of goods. You hereby expressly agree to submit to the exclusive jurisdiction and venue of the federal and state courts located in Broward County, Florida for any legal proceeding directly or indirectly arising out of or relating to this Agreement or any claim against us (including but not limited to the purchase of products or services).
Survival. The provisions pertaining to: Title & Ownership, Disclaimer of Other Warranties, Limitation of Liability, Actions Upon Termination, Relationship, Governing Law and Jurisdiction, Headings, Survival, and Entire Agreement shall survive any expiration or termination of this Agreement for any reason.
Export Compliance. You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
Entire Agreement. This Agreement, including the Exhibits and Addenda hereto, contains the complete agreement and supersedes all prior agreements and understandings between you and us concerning the subject matter hereof. The Parties hereto specifically exclude the provisions of the United Nations Convention on Contracts for the International Sale of Goods from this Agreement and any transaction that may be implemented in connection with this Agreement.
Relationship. The relationship between you and us shall not in any way be construed as a partnership, joint venturer, fiduciary, employee or agent of the other, nor shall either party have the ability to bind the other contractually. It is understood that neither Party has any obligation to enter into any further agreements with the other or to purchase or sell goods or services to the other Party.