Introduction
Welcome to our website, dannyandnicole.shop!
These Terms and Conditions (“Terms”) govern your use of our website and mobile application (together, “Platform”) operated by Danny Nicole® Dress, Jackets.
Please read these Terms carefully before using our Platform. By accessing or using any part of our Platform, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Platform. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
We may amend these Terms at any time by posting the amended terms on the Platform. The amended Terms will be effective immediately upon posting. We will announce any material changes to these Terms on the Platform. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
You must be at least 18 years of age to use our Platform. By using the Platform, you represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into and abide by these Terms. If you are under 18 years of age, you may use the Platform only with the involvement of a parent or guardian.
Account Registration
To access certain features of the Platform, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, and other personal information. You agree that the information you provide is accurate and that you will keep it updated at all times.
When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately if you believe that someone has gained unauthorized access to your account.
We reserve the right to suspend, delete, or restrict access to your account without notice if activities occur on your account which indicate it has been compromised, or for any other reason we see fit in our sole discretion.
Privacy Policy
Please refer to our Privacy Policy to understand how we collect, use, and disclose information about you. Our Privacy Policy is incorporated by reference into these Terms.
Product Information
We attempt to display product images shown on the Platform as accurately as possible. However, the actual color, fit, and fabric you see will depend on your computer system and we cannot guarantee that your computer will accurately display such information. While we try to accurately reflect details like product color, fit, fabric, and other details, the colors, size, and other details you see will depend on your monitor and we cannot guarantee they will be accurate.
The inclusion of any products on our Platform does not imply or warrant that these products will be available. We reserve the right to discontinue any products at any time without notice. Prices for products offered on the Platform are subject to change at any time without notice.
We reserve the right to limit quantities of products purchased per person, per household, or per order at our sole discretion. We reserve the right to prohibit sales to resellers.
Intellectual Property
Our Platform contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Danny Nicole® Dress, Jackets (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws.
Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of these Terms, your permission to access and use the Content and Platform automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, trade names, trade dress, and logos (collectively, the “Trademarks”) used and displayed on the Platform are registered and unregistered Trademarks of Danny Nicole® Dress, Jackets and others. Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Platform without our prior written permission. Our Trademarks may not be used to disparage us, our products or services, or in any manner that may damage our goodwill in the Trademarks.
User Content
If you post, upload, input, provide, or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code, or other information and materials, sign up to our mailing list, create an account, interact with our Platform, or communicate with us in any manner (“User Content”), you grant Danny Nicole® Dress, Jackets and our affiliates, service providers, and each of our successors and assigns an unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, reproduce, store, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any form, medium, or technology, whether now known or hereafter developed, for any purpose, including commercial purposes, without compensation to you or any other person sending User Content.
You represent and warrant that: (i) you own the User Content or have the right to grant the rights and licenses provided in these Terms; (ii) the User Content does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, intellectual property rights, rights of publicity, confidentiality, or privacy; and (iii) the User Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful code.
We do not claim ownership over User Content. However, by furnishing User Content to Danny Nicole® Dress, Jackets, you grant us a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use, reproduce, store, adapt, publish, translate, distribute, provide access to, create derivative works from, and otherwise commercially or non-commercially exploit in any manner the User Content, in whole or in part, in any manner or medium known now or hereafter developed, all without payment to you or any other person or entity.
You understand that all User Content is the sole responsibility of the person from whom such User Content originated. We are not liable for any User Content that you or any other users post, upload, or otherwise make available on or through the Platform. You shall be solely responsible for your User Content and the consequences of posting, uploading, publishing it, or providing it to us.
We do not control User Content posted by users and do not guarantee the accuracy, integrity, or quality of such User Content. You understand that by using the Platform you may be exposed to content that you deem offensive or objectionable. We have no responsibility for User Content, including without limitation any errors or omissions. We are not liable for any loss or damage of any kind incurred as a result of any User Content on the Platform.
Acceptable Use Policy
You agree not to misuse the Platform or help anyone else do so. For example, you must not do any of the following in connection with the Platform:
- Post, upload, or transmit any User Content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person or entity; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Danny Nicole® Dress, Jackets, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose Danny Nicole® Dress, Jackets or its users to any harm or liability of any type.
- Interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform.
- Violate any applicable local, state, national, or international law, or any regulations having the force of law.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Solicit personal information from anyone under the age of 18.
- Harvest or collect email addresses or other contact information of other users from the Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.
- Further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
- Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform.
Danny Nicole® Dress, Jackets has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Danny Nicole® Dress, Jackets may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Third-Party Links and Websites
The Platform may contain links to third-party websites and services. Such links are provided for your convenience only. We do not endorse, control, or assume responsibility for any such third-party websites or services.
We will not and cannot censor or edit the content of any third-party site. By using the Platform, you expressly release Danny Nicole® Dress, Jackets from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Disclaimers
The Platform and the Content are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind, either express or implied. Danny Nicole® Dress, Jackets disclaims all warranties of any kind, whether express or implied, relating to the Platform and all Content on the Platform, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Danny Nicole® Dress, Jackets makes no warranty or representation regarding the availability, accuracy, reliability, timeliness, quality, or completeness of any Content available through the Platform. Danny Nicole® Dress, Jackets does not warrant that any defects or errors will be corrected or that the Platform and Content are free of viruses and/or other harmful components. Any reliance upon any Content shall be at your sole risk. Under no circumstances will Danny Nicole® Dress, Jackets or its affiliates be liable to you or any third party for any damages resulting from your use of the Platform or reliance on any Content, including, but not limited to, lost profits, personal injury, wrongful death, defamation, loss of business, loss or damage of data, loss of goodwill, business interruption or other pecuniary loss, under any theory of liability even if Danny Nicole® Dress, Jackets has been advised of the possibility of such damages.
We reserve the right to discontinue any component or feature of the Platform at any time with or without notice to you, and without liability to you.
Limitation on Liability
Except where prohibited by law, in no event will Danny Nicole® Dress, Jackets be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Danny Nicole® Dress, Jackets has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, Danny Nicole® Dress, Jackets is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Platform, Danny Nicole® Dress, Jackets’ liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Platform paid in the six months prior to the date such claim arose, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Danny Nicole® Dress, Jackets, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, claims, fines, penalties, costs, and liabilities (including all legal and accounting fees), arising or resulting from (a) your violation of these Terms; (b) your misuse of the Platform or Service; or (c) your violation of any rights of another person or entity. Danny Nicole® Dress, Jackets reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
Class Action Waiver
Any proceedings to resolve or litigate any dispute whether through courts of law or arbitration will be conducted solely on an individual basis. Neither you nor Danny Nicole® Dress, Jackets will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitration or proceedings.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. If a dispute arises between you and Danny Nicole® Dress, Jackets, we strongly encourage you to first contact us directly to seek a resolution. If we cannot resolve your concerns, you and Danny Nicole® Dress, Jackets agree to resolve disputes solely in the federal or state court closest to our principal place of business in Texas.
Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
You and Danny Nicole® Dress, Jackets agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law.
You and Danny Nicole® Dress, Jackets agree to resolve any Disputes (defined below) exclusively through final and binding arbitration instead of filing a lawsuit in court.
The term “Dispute” means any dispute, claim, or controversy between you and Danny Nicole® Dress, Jackets arising out of or relating to these Terms or the breach, enforcement, interpretation, or validity of these Terms.
The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is initiated. The Consumer Arbitration Rules, as well as forms and instructions for initiating an arbitration proceeding, are available at www.adr.org or by calling 1-800-778-7879.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.
The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.
The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into these Terms, you and Danny Nicole® Dress, Jackets are each waiving the right to a trial by jury or to participate in a class action or class arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by that claimant’s individual claim.
If for any reason a Dispute proceeds in court rather than through arbitration, you and Danny Nicole® Dress, Jackets agree that there will not be a jury trial. You and Danny Nicole® Dress, Jackets unconditionally waive any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating in any way to these Terms or the Platform.
Severability
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
Assignment
These Terms and related rights may not be assigned or transferred by you without the prior written consent of Danny Nicole® Dress, Jackets. These Terms may be assigned by Danny Nicole® Dress, Jackets without restriction. These Terms are binding upon any permitted assignee.
Survival
The following sections will survive the expiration or termination of these Terms: Disclaimers of Warranties, Limitation of Liability, Indemnification, Arbitration Agreement/Class Action Waiver, Governing Law and Jurisdiction, and Severability.
Entire Agreement/No Waiver
These Terms constitute the entire agreement between you and Danny Nicole® Dress, Jackets with respect to the subject matter hereof. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Contact Us
If you have any questions about these Terms or otherwise need to contact us, you can reach us at:
Danny Nicole® Dress, Jackets
123 Main St
Anytown, TX 12345
(555) 555-5555
[email protected]
These Terms were last updated on March 1, 2023.
