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Terms

EFFECTIVE DATE: April 6, 2017

Through this Website and related Social Media accounts, including without limitation Facebook™, Snapchat™, and Instagram™, CoutureQ (“CoutureQ,” “We,” “Us,” “Our”) makes available a variety of fashion-forward clothing and accessories on wholesale and retail basis (the “Service(s)”) in exchange for payment by you.

This Service is offered subject to your acceptance of these Terms of Service (“Terms”) as well as any relevant sections of the CoutureQ PRIVACY POLICY.

These Terms constitute the entire Agreement between you and CoutureQ and govern your use of the Website, and they supersede any prior agreements between you and CoutureQ.

Please read these Terms carefully before using our Service.

By DISCLOSING Your PERSONAL INFORMATION, including PAYMENT INFORMATION, SHIPPING AND BILLING ADDRESS, creating an Account, and/or clicking “Purchase” or other similar button, You acknowledge that you:

  • have read these Terms,
  • understand these Terms, and
  • accept and agree to be bound by them.

If you disagree with these Terms, please do not use the Services or Our Website. If at any time you are not willing to be bound by these terms, you should, where applicable:

  • click the “I do not accept” or similar button, and
  • immediately cease and refrain from accessing or using the Services.

1)      RETURNS

CoutureQ wants you to be satisfied with your purchases from this Website. Eligible items may be returned to CoutureQ in accordance with any Return Policy posted on this Website.

2)      PROMOTIONS AND CONTESTS

Any contests or promotions described or posted on this Website shall be governed by the rules regulating such event.

3)      INTELLECTUAL PROPERTY

  1. a)      Property of CoutureQ

The contents of the Services, including the Website and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by CoutureQ, or the party credited as the provider of the materials. You agree to abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Services.

By accepting these Terms, you further acknowledge and agree that we and any of our third party licensors own and shall continue to own all right, title, and interest in and to the materials and other elements of our services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.

Except for any limited, revocable license expressly granted to you herein, these Terms do not grant you any ownership or other right or interest in or to the materials and/or other elements of the Services, or any other intellectual property rights of ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that we use in connection with the Services are marks owned by us. These Terms do not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the content on this Website, or the Services (including software), in whole or in part.

  1. b)      User-generated Content

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you

(i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or

(ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #CoutureQ or any other CoutureQ promoted hashtag (collectively “User Content”) shall be deemed non-confidential and nonproprietary.

By submitting or posting any User Content, you grant to CoutureQ and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce

California Proposition 65

We make this warning as a result of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, which requires us to inform citizens in California about exposures to certain chemicals. WARNING: Products sold on this site may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.

Site Changes

In order to keep the site current with our latest fashion ideas, CoutureQ frequently changes the merchandise offered. This means that we cannot guarantee that an item displayed on a previous visit to the Site will still be available when you visit again. We reserve the right to make changes to the Site without prior notice. Should you be unable to locate an item you saw on a previous visit, please contact us and we will make every effort to meet your needs. Prices displayed on the Site are quoted in U.S. dollars.

Risk of Loss: Risk of loss or transfer of title to the Buyer or customer occurs when CoutureQ delivers the merchandise ordered to a common carrier in good condition for shipment to the customer.

User Comments, Feedback, and other submissions: We welcome your comments and feedback regarding the Site, our products and our services. All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to CoutureQ on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the "Comments") shall be and remain CoutureQ's property.

Such disclosure, submission or offer of any Comments shall constitute an assignment to CoutureQ of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments without payment of any compensation unless previously agreed to in writing.

Thus, CoutureQ 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. CoutureQ 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 right(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.

You hereby grant CoutureQ an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments (other than your name) for any purpose whatsoever.

Acceptable Uses:
You may use this site for legitimate shopping purposes only. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site's systems, spoofing or faking e-mail headers or slowing or stopping the functionality of the Site.

In the event you register and/or purchase product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or CoutureQ suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, CoutureQ, in its sole discretion, has the right to not fulfill your order or suspend or terminate your account and refuse any and all current or future use of the site.

Links to other web sites and services:
The Site may include links to other Internet sites maintained by third parties ("Linked Sites"). Access to Linked Sites are provided to you solely as a convenience, and the inclusion of site links does not imply endorsement by CoutureQ. Your access of any Linked Sites is at your own risk and by accessing them you may leave the Site. Linked sites are not under the control of CoutureQ and we are not responsible for the contents of any Linked Sites

Disclaimer, Limitation of Liability and Indemnity:
Except as otherwise expressly provided, this site, and all contents and all products and services are provided on an as is basis.

ALL PURCHASES ARE AS IS, WHERE IS. THAT MEANS CoutureQ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation Of Liability

CoutureQ does not warrant that 1) the contents of this site will be accurate, reliable or free of error 2) that your use of this site will be without interruption.

You use this site at your own risk.

CoutureQ nor its affiliated or related entities or it vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise) injury, claim or liability of any kind or character whatsoever based upon or resulting from your use or inability to use the Site or any information or materials provided on the Site. CoutureQ is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Site or any materials on the site, or any of CoutureQ's Terms of Use, your sole and exclusive remedy is to stop using this site.

CoutureQ shall not be liable for damages of any kind related to your use of or inability to use the Site, even if CoutureQ knew, or should have known, of the potential for such damages.

Indemnification

You agree to indemnify, defend, and hold harmless, CoutureQ, its affiliates, parents, and their respective officers, directors, employees, agents, licensors, shareholders, representatives, and third party providers to the Site from and against all third party claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. CoutureQ reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CoutureQ in asserting any available defenses.

Denial Of Access

These Terms of Use constitute an agreement that is effective unless and until terminated by CoutureQ. If in CoutureQ's sole discretion you fail to comply with any term or provision of this agreement, CoutureQ may deny you access to the Site. In the event of denial of access by CoutureQ, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and CoutureQ relating to the subject matter addressed herein.

Privacy Policy

Any personally identifiable information you provide to us shall be subject to the Site's Privacy Policy.

Other

If any of these terms of use is unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms.

These terms of use constitute the entire agreement between CoutureQ and you relating to the subject matter herein. CoutureQ shall have the right to change or modify these terms of use at any time.

 



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