These Terms apply to all visitors to or users of The Alluring Violet, LLC website located at www.thealluringviolet.com or any other websites operated by The Alluring Violet, LLC, or any of its affiliates (collectively, the “Website”). By using this Website, you agree to be bound by these Terms. If you do not agree to the Terms of this Agreement, please do not use this Website.
The Alluring Violet LLC, (“T.A.V.”, “Alluring Violet” “we,” “us” and “our”) reserves the right to change these Terms, in whole or in part, at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of these Terms on the Website. You should always check these Terms prior to using the Website. Your continued use of the Website following the posting of changes to these Terms will mean that you accept those changes.
If you are a T.A.V. Curator, you agree that your use of the Website is subject not only to these Terms, but also to the terms and conditions contained in your Curators Agreement with us. A “Curator” is an individual: who has agreed, pursuant to the terms of a The Alluring Violet LLC Independent Curator Agreement, to be a The Alluring Violet Curator; who remains an active T.A.V. Curator in good standing; and whose The Alluring Violet Independent Curator Agreement or status as a T.A.V. Curator has not been terminated. The “The Alluring Violet Independent Curator Agreement” means T.A.V. Agreement Form, collectively with the Terms and Conditions of the Curator Agreement and accompanying contents of the Curators Policies and Procedures manual.
1. You May Not- We own and operate the Website. The contents of the Website are copyrighted under United States copyright laws. Except as stated in these Terms, none of the material on the Website including each and every web page and related images, videos or other digital assets (collectively, the “Information”) may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, copy or create derivative works from the Website or the Information. You may not use any network monitoring or discovery software to determine the Website’s architecture, or extract information about its usage or users. You may not use any robot, spider, other automatic device, search engine or manual process to monitor or copy the Website or the Information without our prior written consent. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, nonprofit or public purposes all or any portion of the Website, except to the extent authorized by us. You may not use or otherwise export or re-export the Website or any portion of it, the Information or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website or the Information is prohibited.
“The Alluring Violet” and our other trademarks, trade names, service marks and logos appearing on the Website are our proprietary trademarks. The use of any of our trademarks available is strictly prohibited, except as expressly provided by these Terms.
2. Registration- You may be required to register with us in order to access certain areas of the Website, for example, to purchase our products or otherwise initiate Transactions (as defined below). With respect to any registration, we may refuse to grant you, and you may not use, a user name or email address that: belongs to or is already being used by another person; may be construed as impersonating another person; violates the intellectual property or other rights of any person; is offensive; or we reject for any other reason in our sole discretion.
You are responsible for maintaining the confidentiality of any password you use to access the Website. You agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the Website that occur in connection with your user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Website. You also agree that you will “log off” and exit from your account with the Website (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of these obligations.
4. Acceptable Use and Behavior- We expect users of the Website to respect the law as well as the rights and dignity of others. While using the Website, you agree to comply with all applicable laws, rules and regulations. Your use of the Website is conditioned on your compliance with the rules of conduct below. Your failure to comply with these rules of conduct may result in termination of your access to the Website. You agree that you will not post, transmit, redistribute, upload, or promote any communications, content or materials that: contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including our company and our employees, consultants and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; otherwise violate any law; or in doing so, amounts to any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website or our related services and products.
Additionally, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website, and for paying all charges related to using the Website.
5. Promotions- Any sweepstakes, contest, or similar promotion made available through the Website may be governed by specific rules that are separate from these Terms. By participating in any sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions contained in these Terms. We urge you to read the applicable rules, if any, which will be linked from the sweepstakes, contest, or promotion.
All orders are subject to acceptance and availability, and Items in your shopping bag are not reserved and may be purchased by other customers.
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and The Alluring Violet will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the District of Columbia, USA, and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of The Alluring Violet.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the T.O.S.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
6.1.2 Pricing Policy-
Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, local sales tax will be charged on all orders (where applicable).
From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
We reserve the right, with or without prior notice, to: change product or service descriptions, images and references; limit the available quantity of any product or service; honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; prevent or prohibit any user or customer from making any or all Transaction(s); and/or refuse to provide any user or customer with any product or service. The price and availability of any product or service offered through the Website are subject to change without notice, and we will not be responsible for errors in the prices or descriptions of any products or services. Refunds and exchanges will be subject to our refund and exchange policies in effect at the time the Transaction is made. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when the charges are incurred, including without limitation all shipping and handling charges. You are also responsible for any taxes that may be applicable to your transactions.
Payment can be made by Visa, MasterCard, Discover, American Express, and any other methods which may be clearly advertised on the site from time to time.
You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
If the issuer of your credit/debit card refuses to authorize payment to The Alluring Violet, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don’t have an item that you have ordered in stock, we’ll notify you by email immediately.
Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered The Alluring Violet user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple and secure, The Alluring Violet uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
6.1.4 Gift Cards-
The Alluring Violet Printed and Virtual Gift Cards are sold subject to the following terms and conditions:
1. No fees are imposed on The Alluring Violet Gift Cards and they do not expire.
2. Gift Cards can be redeemed against all products on the www.thealluringviolet.com site.
3. Gift Cards are non-transferable, can only be used on the The Alluring Violet site for which they are issued and may not be returned or redeemed for cash.
4. If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online via your My Account page.
5. If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
6. If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
7. Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
8. The Alluring Violet is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address, this is the sole responsibility of the purchaser.
9. The Alluring Violet is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
10. The Alluring Violet reserves the right to cancel a Gift Card if we deem such action necessary.
11. Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes which can be applied to Printed Gift Cards orders.
12. Sales tax and shipping is applicable on any products purchased with a The Alluring Violet Gift Card.
13. Shipping is applicable on Printed Gift Cards.
6.1.5 Promotional Codes-
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
7. Who We Provide Service to- We control and operate the Website from our offices located in Washington, District of Columbia, United States of America. The Website is not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, the materials made available through the Website are presented solely for the purpose of providing services and promoting products available in the United States. We make no representation or warranty that the Website, or any products, services, or materials made available through the Website, are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
8. Our Curators- Curators are our independent third party contractors and are not otherwise affiliated with us. We are not responsible or liable for the statements, acts or omissions of The Alluring Violet Curators, whether through or in connection with the Website, “offline”, or otherwise. Without limiting the foregoing, we may enable T.A.V. Curators to create personalized online sites that contain The Alluring Violet branding and content and that may share URLs with our Websites. You acknowledge and agree that we have no control over, and are not responsible or liable for, any text, images, or other information or materials posted by T.A.V. Curators to such personalized online sites or any customizations made by T.A.V. Curators to such personalized online sites (such information, materials, and customizations) or any materials communicated by a T.A.V. Curator to you. We have not taken any steps to confirm the accuracy or reliability of any such information or other materials communicated by a T.A.V. Curators to you, and we make no representations or warranties as to the security of any communications between you and any T.A.V. Curator.
9. Revisions and Errata Disclaimer- THE WEBSITE, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES AND PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE WEBSITE. ANY RELIANCE ON OR USE OF THESE MATERIALS IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY: REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY T.A.V. CURATOR; THAT WEBSITE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; THAT DEFECTS OR ERRORS WILL BE CORRECTED; THAT USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS; OR THAT THE WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE WEBSITE ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While T.A.V. and its Webmasters try to maintain the integrity and security of the Website and the servers from which the Website is operated, the Website may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alteration to the Website, contact us at firstname.lastname@example.org with a description of the materials at issue and the URL or location on the applicable Website where these materials appear.
10. Limitation of Liability- IN NO EVENT SHALL THE ALLURING VIOLET, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE “THE ALLURING VIOLET ENTITIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF: THESE TERMS; THE WEBSITE; YOUR USE OF OR INABILITY TO USE THE WEBSITE; OR THE ACTS OR OMISSIONS OF THE ALLURING VIOLET CURATORS, IN EACH EVENT, EVEN IF THE ALLURING VIOLET OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY of THE ALLURING VIOLETS CURATORS), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS.IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN AGREEMENT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS, THE WEBSITE, OR YOUR USE OF OR INABILITY TO USE THE WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE WEBSITE.
11. License- Permission is granted to temporarily download one copy of the materials (print information only) on The Alluring Violet LLC’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on The Alluring Violet LLC’s web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Alluring Violet LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
12. Hold Harmless- You will indemnify and hold the The Alluring Violet LLC Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the “Claims”): your use of, inability to use, or activities in connection with the Website; any violation of these Terms or any other of The Alluring Violet LLC terms, conditions or policies by you or through any account you may have with the Website; any Transaction; any allegation that any submission or other materials that you make available through the Website infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or your violation of any rights of any Website visitor, user, or customer, or any other third party. You agree to reimburse the T.A.V. Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims.
13. Termination and Enforcement- These Terms are effective until The Alluring Violet LLC terminates them. You agree that we, at our sole discretion, may terminate your access to or use of the Website, at any time and for any reason. Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice, and that we may immediately deactivate or delete any user name and/or password you used or provided, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that we will not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and will not be required to make such information or files available to you after any such termination. We reserve the right to takes steps that we believe are necessary or appropriate to enforce and/or verify compliance with these Terms (including without limitation in connection with any legal process relating to your use of the Website and/or a third party claim that your use of the Website is unlawful or violates such third party’s rights).
14. Information or Complaints- Currently there are no charges to consumers for use of the Website, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. We reserve the right to change our pricing. Please feel free to contact us to resolve a complaint regarding any aspect of our service by writing to the address here 1629 K Street NW, Suite 300, Washington D.C., 20006 or sending an email to email@example.com. Upon your request, you may have these Terms sent to you by email. The Complaint Assistance Unit of the Department of Consumer and Regulatory Affairs in Washington, DC, may also be contacted in writing at 1100 4th Street, SW, Washington, DC 20024 or by calling 1-202-442-4400.
15. Governing Law- These Terms are governed by the laws of Washington, District of Columbia, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Washington, District of Columbia, for any action, suit or proceeding arising out of or relating to these Terms or your use of the Website, including related services or products.
16. General Information- These Terms constitute the entire agreement between you and us and governs your use of the Website, superseding any prior agreements between you and us regarding the Website. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, then you agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. Miscellaneous- No agency, partnership, joint venture, or employment is created as a result of these Terms. You do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for in these Terms will not be deemed a waiver of any other rights under these Terms. We will not be liable for any failure to perform our obligations under these Terms if the failure results from any cause beyond our reasonable control, including without limitation, mechanical, electronic, or communications failure or degradation. You may not assign, transfer, or sub-license these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
18. Social Media Terms
These “Social Media Terms,” or “Terms,” apply to all of the- The Alluring Violet websites and services (the “Service”), including any portion of The Alluring Violet’s websites, the official corporate websites, Independent Curator/Business Owner personal websites, the Independent Curator/Business Owner-only portion of the websites, known as the “Curators Office,” any other websites under the control of The Alluring Violet (collectively, the “Website”), and our mobile applications, as well as the upload of Submissions, as defined below, to your social media accounts on third-party platforms such as Facebook, Instagram, Pinterest, Snapchat, Twitter, or YouTube (“Social Media Platforms”) using The Alluring Violet’s brand-related hashtags (“Hashtags”).
You are solely responsible for your use of the Service. You certify to The Alluring Violet that you are at least 18 years of age. You also certify that you are legally permitted to use the Service and access the Website.
We use a third party, currently Olapic, Inc., to facilitate the direct upload of Submissions to the Service, for use by The Alluring Violet in marketing, promotional, advertising and other customer engagement channels, as well as the collection of Submissions from Social Media Platforms on behalf of The Alluring Violet. You may directly upload Submissions or post Submissions to Social Media Platforms, including by tagging content with certain The Alluring Violet -related Hashtags. For purposes of these Terms, the word “Submissions” means text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute, including any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audiovisual works, graphics, music, and sound), or other information you provide via the Service, a Social Media Platform or by using a Hashtag.
Use of Your Submissions
We welcome your inclusion of The Alluring Violet Social Media Platforms. By uploading Submissions and posting Submissions with Hashtags to Social Media Platforms, you grant to The Alluring Violet, its third-party service providers who provide content management services, including Olapic, Inc., and our or their retail partners (collectively, the “Licensed Parties”) a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable, transferable, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, create derivative works, and incorporate such Submissions and the names identified, including all social media handles, social media IDs, profile pictures, images, likeness, comments, posts, statements or other information, on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes without any compensation to you. You waive any rights you may have regarding your Submissions being altered or manipulated in any way that may be objectionable to you. The Licensed Parties reserve the right, at their sole discretion, to edit, modify, delete or remove any Submission and to choose to include or not include such Submission on the Service or elsewhere. This license will continue even after you stop using the Service. You also hereby grant each user of the Service a non-exclusive license to access your Submissions through the Service and third-party Social Media Platforms.
To the fullest extent permitted by applicable law, you further irrevocably waive any all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages and expenses, including but not limited to claims for violation of copyright or trademark rights, violation of “moral rights”, defamation, invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar or other claim or cause of action under any applicable law or under any legal theory (“Claims”) arising directly or indirectly from the Licensed Parties’ exercise of their rights under these Terms and the use and exploitation of any Submission, and whether resulting in whole or in part by the negligence of the Licensed Parties or any other person and you covenant not to make or bring any such Claim against the Licensed Parties or our parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, and forever release and discharge all such parties from liability under such Claims. You further acknowledge and agree that the Licensed Parties have no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public through any part of the Service.
You acknowledge and understand that if you choose to make any of your personally identifiable information or other information and/or content publically available through the Service, including via a Hashtag, you do so at your own risk. You understand and agree that you will not obtain, as a result of your Submissions or use of the Service, any right, title, or interest in or to such content delivered via the Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
Claim of Copyright Infringement
We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:
• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Service;
• Your physical address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by the law; and
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We may terminate the accounts and/or prevent content posting of users who repeatedly infringe copyright holders’ copyrights. A “repeat infringer” is a user who, on more than two occasions, has been determined by final order of a United States court to have infringed the copyright rights of a third party by providing infringing content through the Service.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Service, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to your physical address in our records. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
Our Copyright Agent for notice and counter-notices of claims of copyright infringement on this Service can be reached as follows:
The Alluring Violet LLC
Attn: Copyright/Fraud Prevention
1629 K St., N.W., Suite 300
Washington, District of Columbia 20006
By Email: firstname.lastname@example.org
Disclaimer of Warranties
“Released Parties” include The Alluring Violet and its affiliates, subsidiaries, officers, employees, agents, partners, Curators/Independent Business Owners, licensors, licensees, resellers and distributors, and the Licensed Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE Service AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service IS AT YOUR SOLE RISK, AND THE Service AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Released Parties DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS AND SERVICES OFFERED BY THE RELEASED PARTIES OR OTHER PERSONS ON OR THROUGH THE Service, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NONINFRINGEMENT. Released Parties DO NOT WARRANT THAT (A) THE Service AND THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Service ARE ACCURATE, UN-INTERRUPTED, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS Service WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (C) THE Service OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service WILL MEET YOUR REQUIREMENTS, (D) THE QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE ON THE Service WILL MEET YOUR EXPECTATIONS, OR (E) THE Service OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS Service MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Service IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Released Parties DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST Released Parties WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SERVICES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). Released Parties MAY IMPROVE, SUSPEND, OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS Service AT ANY TIME WITHOUT NOTICE OR LIABILITY. Released Parties ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS Service OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS Service. SOME JURISDICTIONS SUCH AS SASKATCHEWAN AND QUEBEC DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE Released Parties BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS Service, CONTENT, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE Service OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE Service OR ANY OTHER PERSON OR ENTITY, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE Service; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (E) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE Service.
IN NO EVENT SHALL THE Released Parties’ TOTAL COLLECTIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE Service EXCEED THE AMOUNT PAID BY YOU TO USE THE Service, IF ANY, OR $100 (WHICHEVER IS LESS). MOREOVER, UNDER NO CIRCUMSTANCES SHALL THE Released Parties BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
We MAY TERMINATE YOUR FURTHER ACCESS TO THE Service OR CHANGE THE Service OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
Governing Law, Jurisdiction and Venue
This Service is created and controlled by us in Washington, District of Columbia. The laws of the District of Columbia govern these Terms, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms or the Service shall be filed, and that venue properly lies, only in the State or Federal courts located in Washington District of Columbia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please print a copy of this Agreement or contact The Alluring Violet if you wish to receive a printed copy of this Agreement.
Last Updated on January 1, 2019