WEBSITE AND PURCHASING TERMS AND CONDITIONS.
LAST MODIFIED NOVEMBER 5, 2019
We reserve the right to update or modify these Terms at any time without prior notice. Your use of our Sites after such changes constitutes your agreement to the changes.
These Terms, and any actions or proceedings relating thereto, will be governed by the laws of Delaware. If any provision or part of these Terms is declared invalid or unenforceable for any reason, it will not affect the validity and enforceability of the remaining provisions of these Terms, which will continue in full force and effect.
TERMS FOR PURCHASING PRODUCT FROM OUR SITES
We accept payment online through our merchant services account, which takes most major credit cards. BY PROVIDING US WITH CREDIT CARD OR OTHER PAYMENT INFORMATION, YOU REPRESENT THAT YOU HAVE THE LEGAL RIGHT TO USE SUCH CREDIT CARD OR PAYMENT METHOD. Further, you grant to Bougie Burlesque the right to provide payment information to third parties (such as our merchant services provider) for purposes of completing the transaction. Upon approval of your credit card/payment method, your order and payment will be processed. Prices are displayed in United States currency unless expressly indicated otherwise. You are responsible for any sales taxes that may be applicable to your purchase, and such tax will be applied to your order total.
SHIPPING, STOCK AND CUSTOMER SERVICE
We try to ship your purchases as quickly as possible, and generally process and ship orders (if items are in-stock) within 3 business days. Once an order is processed it will typically ship via FedEx express. Shipping times vary depending on location, but generally you can expect to receive your order between 2-5 business days from the time the order was processed and shipped from the Bougie Burlesque office.
We strive to keep sufficient stock of all items, but we cannot guarantee product availability at all times. We reserve the right, in our sole discretion, to modify or discontinue any product, or cancel any order for a full refund of amounts received by Bougie Burlesque.
Currently, we only ship within the United States. However, certain of our retailers ship outside of the United States. If you are outside of the United States and wish to receive Heretic product, please contact firstname.lastname@example.org for options. It is your responsibility to ensure that the products that you order comply with Applicable Laws in your locality.
If you have any questions concerning your order or our products, please contact customer service at email@example.com.
Bougie Burlesque warrants that its Products will be free from damage or functional defects for a period of 14 days. This warranty does not apply to the extent that Product: (a) has been altered or modified after our shipment; (b) has not been handled, maintained or used in a reasonable manner by the customer.
If your Bougie Burlesque Product does not comply with our warranty and you wish to have it replaced, you must contact firstname.lastname@example.org within fourtneen (14) days of your receipt of the Product. We will work with you to facilitate the replacement. You may be required to provide photos of the defective Product, a description of the warranty issue, and return the defective Product at Bougie Burlesque’s expense.
Unfortunately, since we are processing your order as quickly as possible, we are not able to accommodate your order cancellations.
YOUR ACCOUNTS AND ELIGIBLILITY TO USE OUR SITES
If you create accounts on our Sites, you are responsible for maintaining the confidentiality of those accounts, including passwords and logins. You accept responsibility for activities that occur under your accounts. We reserve the right to deny the creation of accounts, terminate accounts, remove information, images or other materials that you have posted to our Sites (“User Content”) or cancel orders for our products at any time if we believe it is reasonable to do so.
You may use our Sites only if you are an adult, by law, in the jurisdiction in which you reside (which is 18 in most states, but might be older). By creating an account, placing an order for our products, or posting to our Sites, you warrant that you have reached the age of majority in your jurisdiction, and that you are providing accurate and truthful information.
Our Sites are controlled, operated and administered from the United States (the “US”). We make no representation that our Sites are appropriate, legal or available for use outside of the US. Access to our Sites is prohibited in those jurisdictions where our the information, images or other materials posted to our Sites (“Content”), as well as our products or services (“Products”) are illegal. You may not use the Site or export its Contents or products in violation of any rule, regulation or law that is applicable to such activities (“Applicable Law”).
We at Bougie Burlesque spend considerable time and energy creating our Content. All Content on our Sites is owned by us, or one of our licensors, and is the sole property of Bougie Burlesque (or a licensor). All aspects of our Sites, including the Content, is protected by intellectual property rights, such as copyright law. Any Content that is a trademark, logo, or service mark is a registered or unregistered trademarks of Heretic or its licensors.
You may not, without our express, written permission: (i) copy, publish, imitate, post, transmit or use any Content or other aspect of our Sites in any manner; (ii) modify the Content; (iii) remove or alter any copyright or other proprietary notice on the Content; (iv) sell, resell, create derivatives of or make commercial use of the Sites or Content, or; (v) use any data mining, robots or similar data gathering or extracting methods with respect to the Sites.
All Bougie Burlesque names, product names and logos are Bougie Burlesque trademarks and may not be copied, imitated or used in any other manner without our prior written permission. In addition, all page headers, custom graphics, button icons, scripts and other similar aspects of our Sites are our service marks, trademarks or trade dress, and may not be copied, imitated or used in any other manner without our prior written permission.
Be aware that Bougie Burlesque takes action to enforce its intellectual property rights, including the filing of lawsuits; we will even seek criminal prosecution.
We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (“DMCA”). If you believe we, or any user of the Site, has provided Content that infringes a copyright in a material way, please notify us and provide the following:
- A description of the Content that you believe is infringing upon someone’s intellectual property right (so we can find it on our Site);
- your name, address, telephone number, and email address;
- a document signed by you, under penalty of perjury, that states you are authorized to act by the owner of intellectual property at issue, and that you believe in good faith that the Content on our Site infringes that intellectual property.
Please direct such statements and questions to email@example.com, or by writing to Bougie Burlesque, 1330 Factory Place, Suite F105, Los Angeles, CA 90013, Attention: General Counsel.
Upon receipt of your notice, we will investigate your statements. We may request additional information in furtherance of investigation before we remove potentially infringing Content. On the other hand, we have an absolute right to remove any Content from our Sites at any time pending the resolution of our investigation, or for any other reason.
We strive to provide an accessible experience for all online customers and visitors to our Sites. As part of that goal, we work with third party platform providers that are committed to complying with the standards of the Web Content Accessibility Guidelines (WCAG) 2.1. We will routinely evaluate our current and future third party service providers, as well as our own Site development, for such compliance. You are invited to report any perceived issues in this regard to our web team at firstname.lastname@example.org. We will look into these issues and remedy where possible and necessary.
RULES OF CONDUCT AND PROHIBITIONS
Our Sites may be used only for lawful purposes, and never in a way that infringes the rights of others, or restricts or inhibits anyone else’s enjoyment of the Sites. In using the Sites, you agree not to do the following
- Post to our Sites, publish or transmit your own User Content that: (i) infringes or violates a third party’s intellectual property rights or other rights such as publicity, personhood or privacy; (ii) is false, deceptive or misleading; (iii) is defamatory, abusive, hateful, harassing or profane; or (iv) promotes illegal or harmful activities;
- Disrupt or interfere with the security of the Sites, or any related networks, systems or equipment;
- Interfere with any other user’s enjoyment of the Sites;
- Transmit or foster any viruses or harmful files through the Sites;
- Use meta tags or other hidden text using our trademarks or other intellectual property;
- Collect or store personal data about others;
- Attempt to obtain unauthorized access to the Sites or portions of the Sites that are restricted from general access, or;
- Encourage or enable others to do any of the foregoing prohibited activities.
When accessing and using our Sites, you agree to comply with Applicable Laws.
“User Content” is Content that is posted on our Sites by users of our Sites. If you post User Content to our Sites, you represent and warrant that you have all necessary rights to do so, including all intellectual property rights. You will not post to our Site any User Content in a manner that violates or misappropriates a third party’s intellectual property rights or other rights, such as publicity, personhood or privacy.
Typically, you can remove your own User Content by specifically deleting it. However, please note that in certain circumstances, your User Content (or portions of it) may not be removable and may continue to exist on our Sites. We are not responsible or liable for the removal or deletion (or failure to remove or delete) any User Content.
By making User Content available on our Sites, you will remain the owner of the User Content, but you grant to Heretic a non-exclusive, perpetual, transferable, sublicensable, worldwide and royalty-free license to copy, modify, distribute, publicly display, create derivatives, distribute and use in any manner the User Content (“User Content License”). We may exercise our rights in the User Content License in any way that we choose, including to advertise or market Products. We have all right, title and interest in any proceeds or value that results from our use of User Content, and have the right to transfer such rights to third parties. User Content will be treated as non-confidential, public information, and will not be returned to the user that posted it.
We also reserve the right to remove User Content from our Sites at any time, with or without notice, for any reason, in our sole discretion.
LINKS TO THIRD PARTY SITES
Our Sites may contain links to the sites of third parties, or we may post information about third party products or services. We are not liable for those third party sites, products, and services; they are not under our control, and are not our responsibility. We provide the links as a convenience only. Your use of third party sites, products and services is at your sole risk.
YOU AGREE TO BE RESPONSIBLE FOR ANY DAMAGE, CLAIM OR LOSS (“DAMAGE”) THAT IS CAUSED BY YOUR USE OF OUR SITES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH AND EVEN IF THEY ARE REASONABLY FORSEEABLE. You agree to defend, indemnify and hold harmless Heretic, and our officers, directors, employees, suppliers, representatives and agents from any and all Damages that arise from or relate to your use of our Sites, your breach of these Terms, and your User Content.
LIMITATIONS OF LIABILITY
TO THE GREATEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR PERSONAL INJURY CAUSED BY OUR PRODUCTS, NEITHER HERETIC NOR ITS EMPLOYEES, OFFICERS, AFFILIATES, SHAREHOLDERS, AGENTS, SUPPLIERS, VENDORS OR REPRESENTATIVES (COLLECTIVELY “BOUGIE BURLESQUE”) WILL BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES (“DAMAGES”) (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY THAT IS IN EXCESS OF THE PRICE OF THE PRODUCT GIVING RISE TO THE DAMAGE. IN NO EVENT WILL HERETIC BE LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM (I) USE OF (OR INABILITY TO USE) OUR SITES; (II) USE OR RELIANCE ON ANY CONTENT (III) THE INABILITY TO PURCHASE ANY PRODUCT; OR (V) USER CONTENT SENT TO OUR SITES. THE FOREGOING SHALL BE TRUE WHETHER OR NOT THE DAMAGE WAS REASONABLY FORESEEABLE, AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BOUGIE BURLESQUE WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR DAMAGES OR FOR FAILURE TO PERFORM ANY OBLIGATION IF SUCH FAILURE IS CAUSED BY EVENTS OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, THE ACTS OF THIRD PARTIES, INTERNET OUTAGES, AND FORCE MAJOR EVENTS SUCH AS FIRE, FLOOD, STORM OR ACTS OF WAR.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
All claims and disputes arising out of these Terms, related to our Products, or otherwise between you and Bougie Burlesque (except for those set forth below) that can’t be settled informally between us will be settled by binding arbitration in accordance with the rules then in effect of the American Arbitration Association (“AAA”). Arbitration must be on an individual basis and neither of us may join or consolidate claims as a representative or member of a class. Arbitration proceedings must be initiated within the statute of limitations and within any deadlines imposed under AAA rules for the pertinent claim. Judgment upon the award rendered through arbitration may be entered in any court having jurisdiction thereof. Costs of arbitration (including reasonable attorneys' fees) will be made a part of the arbitrator’s award. The arbitration will take place in Los Angeles, California. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential.
Any claims involving the following are not subject to mandatory arbitration: (i) alleged infringement or misappropriation of intellectual property rights; (ii) claims involving a right to indemnification; or (iii) any claim for temporary or permanent injunctive relief.
In any circumstances where you or Heretic may litigate in court, both you and Bougie Burlesque waive any right to a trial by jury and submit to the personal jurisdiction of the courts in Los Angeles County, California.
All disputes between you and Bougie Burlesque must be brought on an individual basis, and you hereby waive your right to, and agree that you will not, bring (or join) a claim as a plaintiff or a class member in a class, consolidated, or representative arbitration, litigation or other proceeding.