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Terms of Use

Welcome to carnycouture.com, the website of Carny Couture LLC (“Carny Couture”). The following terms and conditions govern all use of the carnycouture.com website (the “Site”) and the services available at the Site (taken together, the “Service”). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site (collectively, the “Terms”).

Acceptance of Terms

Please read and review these Terms carefully, because by accessing or using the Services, or by clicking to accept or agree to these Terms when this option is presented to you, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.

Changes

Carny Couture reserves the right, at its sole discretion, to modify or replace any of these Terms at any time. It is your responsibility to check the Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes.

Who May Use the Service

Eligibility
You may use the Service only if you are 18 years or older, are capable of forming a binding contract with us and are not barred from using the Service under applicable law. By using the Service, you represent and warrant that you are 18 years or older.

Your Account
If you want to use certain features of the Service, including purchasing products online, you’ll have to create an account (“Account”) via the Site and provide your name and email address. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to keep such information up-to-date. If you don’t, we may suspend or terminate your Account. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Subscription
You’ll be able to subscribe to our mailing list to receive emails and updates from the Service by providing us with your email address.

How the Service Works
We make available an online platform that allows you to purchase products, mainly clothes and accessories (“Products”). Through the Service you’ll be able to browse our Products and place orders.

Order Confirmation
We’ll provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. If we cancel all or any part of your order after your Method of Payment has been charged, we’ll refund the billed amount.

Shipment Confirmation and Delivery
All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. We will not be held liable for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.

Prices
The prices displayed for Products available for purchase via the Service represent the applicable retail prices, and do not include taxes, shipping or handling charges. Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Service are quoted in US dollars by default, but Canadian dollars, Australian dollars or Japanese yen may be chosen instead using the Service’s currency menu.

Payment
By submitting an order through the Service, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Service.

Cancellation, Return and Exchange Policies
Cancellation, return and exchange policies are available to you via the Service. If a Product is not what you expected it to be, please review such policies to learn what options, if any, are available for the type of Product purchased. You agree that any applicable shipping and/or handling charges are non-refundable.

Product Information
Most Products displayed on the Service are available exclusively online through the Service. These Products may have limited quantities and, because of their limited availability, stock will not and cannot be refreshed. When a Product featured on the Service is no longer in stock, we use our best efforts to remove such Product from the Service in a timely manner.

Errors, Inaccuracies and Omissions
We make every effort to present the most recent, accurate, and reliable information on the Service at all times. However, occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and we reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is canceled, we will issue a credit to your Method of Payment in the amount of the incorrect price.

Colors & Style
We have made every effort to display as accurately as possible the colors and styles of Products that appear on the Service. We cannot guarantee that your device's display of any color or style will be accurate.

Cancelation of Orders
We reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.

Notifications

As part of the Service, you may receive notifications, alerts, emails or other types of messages regarding the Service, such as order and shipment confirmations. We may also periodically send emails to you that directly promote the Service and Products, such as new Product offerings or promotions. When you receive such promotional emails from us you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive.

Privacy Policy

Please refer to our Privacy Policy, located at carnycouture.com/privacy-policy, for information on how we collect, use and disclose information from our users.

Rules and Conduct

The Service may be used only for lawful purposes and in accordance with these Terms. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that is:
  • Unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, profane or which otherwise violates the Terms;
  • Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • Imposes an unreasonable or disproportionately large load on Carny Couture's computing, storage or communications infrastructure or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
  • Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment, or to damage or obtain unauthorized access to any system, data or other information of Carny Couture or any third party; or
  • Harvests or collects any information from the Site; or
  • Impersonates any person or entity, including any employee or representative of Carny Couture.
Carny Couture may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.

Links to Third Party Sites

The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Carny Couture's control, and you acknowledge that Carny Couture is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Carny Couture or any association with its operators.

Termination

Carny Couture may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service.

Warranty Disclaimers

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND PRODUCTS AVAILABLE THROUGH THE SERVICE) IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CARNY COUTURE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Carny Couture, its affiliates, licensees, successors and assigns, and any of their respective directors, officers, employees, and agents from and against all claims, liabilities, damages, expenses and costs (including reasonable attorneys' fees) that arise from your use or misuse of the Service.

Limitation of Liability

IN NO EVENT SHALL CARNY COUTURE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY CONTENT OR PRODUCTS AVAILABLE THROUGH THE SERVICE) FOR ANY: (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (IV) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.) (PROVIDED THAT, IN THE CASE OF CLAIMS RELATED TO PRODUCTS YOU PURCHASED FROM CARNY COUTURE, SUCH AMOUNT SHALL BE THE PURCHASE PRICE). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR BODILY INJURY, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

International Use

We control and operate the Service from the United States, and all information is processed within the United States. We do not represent that content on the Service is appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Service.

Dispute Resolution

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Carny Couture agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site or Services shall be filed only in the state or federal courts located in California, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

General Information

These Terms constitute the entire agreement between you and Carny Couture, govern your use of the Service, and supersede any prior agreements between you and Carny Couture. You may also be subject to additional terms and conditions that are applicable to certain parts of the Service. You may not assign or transfer these Terms, by operation of law or otherwise, without Carny Couture’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Carny Couture may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between Carny Couture and you as a result of these Terms or your use of the Service.

The failure of Carny Couture to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law.

Copyright and Trademark Notices

Unless otherwise indicated, these Terms of Use and all content provided by Carny Couture are copyright © 2017 Carny Couture LLC. All rights reserved.

“Carny Couture” as well as custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Carny Couture LLC or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.

Contact

If you have any questions about these Terms or the Service, please contact us at help@carnycouture.com or by mail at Carny Couture LLC, 4218 S Bronson Ave, Los Angeles, CA 90008 USA.

Last modified: June 8, 2017