Terms of Use
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Agreement between You (User) and Costumes4Less.com®
Welcome
to Costumes4Less.com®! The
Costumes4Less.com® website (The “Site”) comprising of various web pages is
owned and operated by Anilta Corporation based in
California. It is offered to you on the condition that you accept all the
terms, conditions and notices contained herein (The “Terms”) without any
modification. Costumes4Less.com® reserves the right to change this Site and
these terms at any time. Accessing,
browsing or any use of the site constitutes your agreement to all the Terms. It is important that you read this completely and carefully
before proceeding.
User Licenses and limitations
You represent and warrant that you are at
least 18 years old or visiting the Site under the supervision of a parent or
guardian.
Subject
to the terms and conditions of this Agreement, we hereby grant you a limited,
revocable, non-transferable and non-exclusive license to access and use the
Site by displaying it on your internet browser only for the purpose of shopping
for personal items sold on the Site and not for any commercial use or use on
behalf of any third party.
Acceptable
User Behavior
You may
not distribute, sell, lease, transmit, translate, modify, reverse-engineer,
disassemble, decompile, create derivative works from or otherwise exploit this Site or any
portion of it. Any downloading or
copying of information for commercial benefit of a third party; or any use of
data mining including robots, or other
data gathering/extraction tools is not permitted. This Site or any portion of
this site may not be reproduced, duplicated, copied, or otherwise exploited for
any commercial purpose.
We may
assign you identification and password accessing your own personal information
about your orders. You will be solely
responsible for all access to and use of this site by anyone using the password
and identification originally assigned to you whether or not such access to and
use of this site is actually authorized by you, including without limitation,
all communications and transmissions and all obligations (including without
limitation financial obligations) incurred through such access or use. You
are solely responsible for protecting the security and confidentiality of the
password and identification assigned to you.
Intellectual Property
All
text, graphics, button icons, images, videos, and software (collectively,
"Content"), belongs exclusively to Anilta Corporation and Costumes4Les.com®. The collection, arrangement, and assembly of
all Content on this Site (the "Compilation") belongs exclusively to Anilta Corporation and Cosutmes4Les.com.. All software used on this Site (the
"Software") is the property of Anilta Corporation and Cosutmes4Les.com or its Software suppliers. The Content, the
Compilation and the Software are all protected by U.S. and international
copyright laws. Cosutmes4Les.com is registered Trademark of Anilta Corporation. The use of our trademark or service
mark without our express written consent is strictly prohibited.
Visitor Reviews and Comments
Except
as otherwise provided elsewhere in this Agreement or on the Site, anything that
you submit or post to the Site and/or provide us, including without limitation,
ideas, know-how, techniques, questions, reviews, comments, and suggestions
(collectively, "Submissions") is and will be treated as non-confidential
and non-proprietary, and we shall have the royalty-free, worldwide, perpetual,
irrevocable and transferable right to use, copy, distribute, display, publish,
perform, sell, lease, transmit, adapt, create derivative works from such
Submissions by any means and in any form, and to translate, modify, reverse-engineer,
disassemble, or decompile such Submissions. All Submissions shall automatically
become our sole and exclusive property and shall not be returned to you.
When using this website you shall not post or
send to or from this Website any material:
a)
for
which you have not obtained all necessary consents;
b)
that
is discriminatory, obscene, pornographic, defamatory, liable to incite racial
hatred, in breach of confidentiality or privacy, which may cause annoyance or
inconvenience to others, which encourages or constitutes conduct that would be
deemed a criminal offence, give rise to a civil liability
c)
which is harmful in nature including, and
without limitation, computer viruses, Trojan horses, corrupted data, or other
potentially harmful software or data.
You
represent and warrant that you own or otherwise control all of the rights to
the reviews, comments and other Content that you post on this Site and that use
of your reviews, comments, or other Content by us will not infringe upon or
violate the rights of any third party. You shall not use a false e mail
address, pretend to be someone other than yourself or
otherwise mislead us or third parties as to the origin of any Submissions or
Content. We may, but shall not be obligated to, remove or edit any Submissions
(including comments or reviews) for any reason.
Privacy
policy
Our Privacy Policy also governs your visit to this Site. It is available at http://www.costumes4less.com/PrivacyPolicy.aspx.
Copyright
Notices
Anilta Corporation and
Costumes4Less.com respect the intellectual property of others. Any questions regarding potential copyright
infringements should be brought to our attention. If the issue pertains to a product we sell,
we may refer you to our distributor/manufacturer, as Product information representations are made by our Manufacturers/Distributors and not by Costumes4les®.
External
Links to and from this site
You
are entitled to link to any page of this website, provided that the conditions
below are observed:
a)
you
do not seek to imply that we are endorsing the services or products of another
party,
b)
you
do not misrepresent your relationship with this website; and
c)
the website from which you link to this Website
does not contain offensive or otherwise controversial content or, content that
infringes any intellectual property rights or other rights of a third party.
Throughout
this Website, you may find links to third party websites. The provision of a
link to such a website does not mean that we endorse that website. If you visit any website via a link on this
Website you do so at your own risk.
Information
Errors and Shipping Errors
The Site
may include inaccuracies, mistakes or typographical errors. We do not warrant
that the content will be uninterrupted or error free.
In the
event a product is listed at an incorrect price or with incorrect product
information, we shall have the right to refuse or cancel any orders placed for
product listed at the incorrect price. We shall have the right to refuse or
cancel any such orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for the
purchase and your order is canceled, we shall immediately issue a credit to
your credit card account in the amount of the charge.
All
Product information representations are
made by our Manufacturers/Distributors and not by Costumes4less.com®.
In case
of shipping errors or manufacturing defects, we agree to abide by Return
policies.
Disclaimer
& Limitation of Liability
All
Product information representations on Costumes4Less.com® are made by our Manufacturers/Distributors
and not by Costumes4les®. The sale of products on this site is governed by the
information contained in http://www.costumes4less.com/cservice.aspx and pages that link to/from it. Except as otherwise provided in here, this site, the products offered for sale on
it and the transactions conducted through it are provided by us on an "as
is" basis. We make no representations or warranties of any kind, express
or implied, as to the operation of the site or the information, content,
materials, or products included on this. To the full extent permissible by
applicable law, we disclaim all warranties, express or implied, including, but
not limited to, implied warranties of merchantability and fitness for a
particular purpose, non-infringement, title, quiet enjoyment and data accuracy.
This site may include inaccuracies and omissions. We do not warrant that the
content will be uninterrupted or error free.
To the
maximum extent permitted by law, we will not be liable for any damages of any
kind arising from the use of this site, including, but not limited to indirect,
incidental, punitive, exemplary, special or consequential damages. To the
maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the
foundation for the action) shall not exceed in the aggregate the amount of
monies actually paid by you to us during the month immediately preceding
the act allegedly giving rise to our liability.
Remedies
You agree that our
remedy at law for any actual or threatened breach of this Agreement would be
inadequate and that we shall be entitled to specific performance or injunctive
relief, or both, in addition to any damages that we may be legally entitled to
recover, together with reasonable expenses of any form of dispute resolution,
including, without limitation, attorneys' fees.
No right or remedy of
ours shall be exclusive of any other, whether at law or in equity, including
without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver
by us of our rights or remedies under these terms and conditions shall imply
any obligation to grant any similar, future or other waiver.
Applicable
law
You agree that the
laws of the State of California will govern these Terms of Use. Certain state
laws do not allow limitations on implied warranties or the exclusion or
limitation of certain damages. If these laws apply to you, some or all of the
above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Disputes
You agree to the
personal jurisdiction by and venue in the state courts in Los Angeles County, California
and the United States Federal courts in the Central District of California, and
waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be
brought within one (1) year after the cause of action arises, or such claim or
cause of action is barred. No recovery may be sought or received for damages
other than out-of-pocket expenses, except that the prevailing party will be
entitled to costs and attorneys’ fees. In the event of any controversy or
dispute between Costumes4Less.com® and you arising out of or in connection with
your use of the Site, the parties shall attempt, promptly and in good faith, to
resolve any such dispute. If we are unable to resolve any such dispute within a
reasonable time (not to exceed thirty (30) days), then either party may submit
such controversy or dispute to mediation. If the dispute cannot be resolved
through mediation, then the parties shall be free to pursue any right or remedy
available to them under applicable law.
Severability
If any these
provisions shall be deemed invalid, void, or for any reason unenforceable, that
condition shall be deemed several and shall not affect the validity and
enforceability of any remaining provision.
Our
Address
All paper correspondence must be sent to:
Anilta Corporation
4171 Ball Road #250
Cypress, CA 90630
You may
communicate with us electronically via http://www.costumes4less.com/contactus.aspx
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