Crystalline Fashions - Terms Of Use

KINDLY READ THE TERMS OF USE CAREFULLY BEFORE ENJOYING OUR SITE.

CrystallineFashions.com is owned by Crystalline LLC and its wholly owned subsidiaries. ("Crystalline"). These Terms of Use apply to and govern your use of CrystallineFashions.com, and any authorized user of your account. Your use signifies your agreement to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access CrystallineFashions.com. Before using CrystallineFashions.com, please review the Security and Privacy Statement (the "Privacy Statement") on CrystallineFashions.com.

LICENSE TO CrystallineFashions.com

Crystalline grants you a non-exclusive, non-transferable, limited right to access, use and display the multimedia piece and CrystallineFashions.com, and the materials thereon for your personal use only, provided that you comply fully with these Terms. You will not interfere or attempt to interfere with the operation of CrystallineFashions.com in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms.

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of CrystallineFashions.com for any commercial purpose, nor may you frame or mirror any part of CrystallineFashions.com without Crystalline’s prior written authorization. Further you may not create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from CrystallineFashions.com or the multimedia piece without the prior written permission of Crystalline. However, you may download or make one copy of the multimedia piece for personal, non-commercial home use only, provided all copyright and other notices contained in the multimedia piece are left intact.

CHANGES TO CrystallineFashions.com AND/OR TERMS AND CONDITIONS OF SERVICE

Crystalline reserves the right, at its sole discretion, to change, modify, add or remove any portion of CrystallineFashions.com or these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of CrystallineFashions.com or the multimedia piece after any changes to these Terms are posted will be considered acceptance of those changes.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS

The Crystalline and Crystalline Chic, Crystalline Cub, Crystalline Casa logos, CrystallineFashions.com, and associated designs, text, graphics and code are the intellectual property of Crystalline LLC. and affiliates. Other trademarks, service marks, logos, images or domain names used on CrystallineFashions.com (including, without limitation, the individual names of movies, television programs, or other entertainment shows and domain names), where not the property of Crystalline, are the trademarks, service marks, logos, and/or domain names of their respective owners ("Third Party Marks"). You agree that you will not challenge the respective ownership rights of Crystalline or any third party in or to their respective Marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of Crystalline’s Marks or Third Party Marks. Portions of this site are authorized to operate under license of U.S. Patent Nos. 5,528,490, 5,761,649 and 6,029,142.

LINKED SITES

Crystalline is not necessarily affiliated with sites which may be linked to or from CrystallineFashions.com or the multimedia piece (the "Linked Sites") and is not responsible for their content. Links from CrystallineFashions.com to the Linked Sites are for your convenience only and you access them at your own risk.

NON-UNITED STATES RESIDENTS

Crystalline makes no representation that CrystallineFashions.com including merchandise offered for sale and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access CrystallineFashions.com from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers which currently is restricted to the United States, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.

DIGITAL MILLENNIUM COPYRIGHT ACT

In accordance with the Digital Millennium Copyright Act, you may report via Inquiry@CrystallineFashions.com if you believe your work has been used by Crystalline Fashions in a way that constitutes copyright infringement.

JURISDICTIONAL ISSUES

CrystallineFashions.com and the multimedia piece are controlled by Crystalline from its offices within the State of Massachusetts, United States of America. Crystalline makes no representation that materials on CrystallineFashions.com or are appropriate or available for use in other locations.

TERMINATION

You understand and agree that Crystalline may, in its sole discretion and at any time, terminate your password or Account and immediately deactivate and/or delete any or all information about and concerning your Account, including your Registration Information. You understand and agree that Crystalline may take any one or more of these actions without prior notice to you. You understand and agree that Crystalline shall not have any liability to you or any other person for any termination of your access to your Account and/or the removal of information concerning your Account.

DISCLAIMER

CrystallineFashions.com AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Crystalline DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Crystalline DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE MULTIMEDIA PIECE OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, MULTIMEDIA PIECE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. Crystalline DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE MULTIMEDIA PIECE OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Crystalline) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Crystalline BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE MULTIMEDIA PIECE, OR THE SOFTWARE, EVEN IF Crystalline HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Crystalline's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING CrystallineFashions.com.

INDEMNIFICATION

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from your breach of this Agreement and/or your activities in connection with the Site.

Any sweepstakes, contests, or games accessible through CrystallineFashions.com or the multimedia piece are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy, which discusses and governs (in addition to this Agreement and any specific rules associated with a particular promotion) any information you submit to CrystallineFashions.com, including any information submitted in connection with such sweepstakes, contests, and games. CrystallineFashions.com are not intended for use by children under 15 years of age.

INACCURACY DISCLAIMER

From time to time there may be information on CrystallineFashions.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your CrystallineFashions.com purchase, please see our Return Policy.

These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Norfolk County, Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be 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 any remaining provisions.