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EFFECTIVE DATE: February 1, 2015 

 

Through this Website and related Social Media accounts, including without limitation Facebook™, Twitter™, Snapchat™, and Instagram™, Summer 21st™,  (“Summer 21st™,” “We,” “Us,” and “Our”) makes available a variety of fashion-forward clothing and accessories on 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 Summer 21st™ PRIVACY POLICY.

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These Terms constitute the entire Agreement between you and Summer 21st™ and govern your use of the Website, and they supersede any prior agreements between you and Summer 21st™.

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 buttons, You acknowledge that you:

• have read these Terms,

• understand these Terms, and

• accept and agree to be bound by them.

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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:

• immediately cease and refrain from accessing or using the Services.

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1)      RETURNS

Summer 21st™ wants you to be satisfied with your purchases from this Website. Eligible items may be returned to Summer 21st™ in accordance with any Return Policy posted on this Website. 

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2)      PROMOTIONS AND CONTESTS

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

 

3)      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

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(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

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(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 #Summer21st or any other Summer  21st™ promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary.

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By submitting or posting any User Content, you grant to Summer 21st™ 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 sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or non-commercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you.

 

Neither you nor any other person or entity will have the right to

 

(i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms, or

 

(ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content.

Summer 21st™ will be free to use any ideas, concepts, know-how, or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information. Summer 21st™ shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Summer 21st™ retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

 

By submitting or posting User Content on the Site, on your social media accounts, or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that

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 (i) You own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;

 

(ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice, and/or likeness without the need for payment to you or any other person or entity;

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(iii) you are 18 years of age or older; and

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(iv) the User Content does not:

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     (a) contain false or misleading information,

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     (b) infringe on the intellectual property, privacy, publicity, statutory, contractual, or other rights of any third party,

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     (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content,

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     (d) contain any addresses, email addresses, phone numbers, or any contact information or

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     (e) contain computer viruses, worms, or other harmful files.

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Upon request by Summer 21st™, you will furnish Summer 21st any documentation, substantiation, or releases necessary to verify your compliance with these Terms.

Summer 21st™ does not guarantee the truthfulness, accuracy, or reliability of any User Content or endorse any opinions expressed by you or anyone else.

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By submitting or posting the User Content you fully and unconditionally release and forever discharge Summer 21st™ and its officers, directors, employees, and agents from any and all claims, demands, and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with:

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(i) disputes between you and one or more users or any other person or entity, or

 

(ii) the use by Summer 21st™ or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.

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You acknowledge and agree that Summer 21st™ has no control over, and shall have no liability for any damages resulting from the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Summer 21st™ acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Summer 21st™ becomes aware of any User Content that allegedly may not conform to these Terms, Summer 21st™ may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Summer 21st™ has no liability or responsibility to Users for performance or nonperformance of such activities.

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SUMMER 21ST™ HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST SUMMER 21ST™ FOR SUCH REMOVAL AND/OR DELETION. SUMMER 21ST™ IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.

 

DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY

1. Site Content

We are committed to providing You with a reasonably accurate catalog of clothing, fashion accessories, and information regarding the same. However, there may be inadvertent technical or factual inaccuracies and typographical errors, including reference to product availability, product descriptions, pricing, and others, from time to time. Therefore, We reserve the right to change this site and make corrections at any time without notice.

In addition, it is impossible for Us to predict and otherwise account for changes across all product and service providers at all times. Certain products, goods, and services described on this site may not be available for purchase in or delivery to your region or jurisdiction.

 

2. No Warranties

Summer 21st™ makes no warranties or representations of any kind regarding any third-party site to which you may be directed or hyperlinked from this Website. Hyperlinks are included for your convenience only, and Summer 21st™ makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information, products, and/or services provided in such third-party sites. Similarly, we do not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on this Website.

In no event will We be liable to You or any party related to You for any damage or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability, or otherwise, even if We have been advised of the possibility of such damages. 

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THE SERVICES AND FEATURES ASSOCIATED WITH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

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Any testimonials, reviews, or other user opinions regarding this Service viewable on this Website or related Social Media are based on individual experiences using this Service. There is no guarantee that you will experience the same level of satisfaction.

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YOU HEREBY ACKNOWLEDGE THAT USE OF OUR SERVICES IS AT YOUR OWN RISK.

 

Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

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MISCELLANEOUS

 

1. Termination

We may elect to terminate the Services on this Website at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation if You breach these Terms.

You may terminate any account You establish via this Website at any time upon written notice to Us.

 

2. Amendments

We reserve the right to amend these Terms, including the Privacy Policy. Such revisions shall be effective 30 days after posting. We will endeavor to maintain prior versions of the Terms, if any, for Your reference for the 12-month period preceding the current date, which may be viewed by visiting Our Website (www.Summer21sthandmade.com)

We reserve the right to modify, terminate, or otherwise amend Services available via this Website, and advertised on related Social Media accounts. We may, in the future, offer new and/or different services and/or features through Our Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms. 

 

3. Indemnity

You agree to defend, indemnify and hold Summer 21st™, its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringe any third-party proprietary right.

You are solely responsible for the User Content and you hereby agree to indemnify and hold Summer 21st™ and its employees, agents, affiliates, assigns, and licensees harmless from any and all damages, claims, expenses, costs, or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

 

3. Governing Law and Disputes

These Terms in all respects shall be governed by and construed according to the laws of the State of California. The venue for any dispute shall be in the County of Los Angeles.

This Agreement is entered into in Los Angeles County, California. You agree and consent to the exclusive jurisdiction and venue of the state of California and the county of Los Angeles for any dispute arising from or related to this Agreement.

 

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.

 

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