Terms & Conditions
Terms & Conditions
1. General Access. We grant you a non-exclusive, personal, and revocable right to access the Site. You represent that you are at least 13 years of age.
2. Passwords. You are responsible for protecting the confidentiality of your password(s), if applicable, and for the acts and omissions of any third party that accesses the Site through use of your password, as if such acts and omissions were your own.
3. Updates. We shall have the right to update, change or discontinue any aspect or features of this site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
4. Lawful Purposes. You shall use the site for lawful purposes only. You shall not post or transmit through this site any material which violates or infringes in any way upon the rights of others, is unlawful, threatening, abusive, defamatory, untrue, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions that encourage criminal conduct, give rise to civil liability or otherwise violate any law.
5. Intellectual Property. The site contains copyrighted material, trademarks and other proprietary information, which may include, but is not limited to, text, software, photos, video, graphics, music and sound. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original, granted or assigned to us. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, publicly distribute, publicly display, reproduce, publicly perform, or in any way exploit in any format whatsoever (including, without limitation, print and electronic formats) any of the Site content, without our prior written authorization. Except as otherwise expressly permitted under the United States copyright laws, copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is not permitted without our written permission and the applicable copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
6. Contents and Materials. You shall not upload, post or otherwise make available on the site any works or material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any works or material are not so protected rests entirely with you. You are liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all works or material submitted by you to the Site, you automatically grant, or warrant that the owner of such material has expressly granted, us a royalty-free, perpetual, irrevocable, worldwide, fully-paid up license to use, reproduce, create derivative works, publicly distribute, publicly perform, publicly display, assume any sound recording rights or moral rights of attribution or integrity, transmit, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed (including, without limitation, print and electronic form, media and technology) for the full term of any copyright that may exist in such works or materials. Except as limited under applicable law, and subject to any functionality on the site allowing you to restrict access, you also permit any other Site user to access, view, store or reproduce the works or materials consistent with the provision entitled “General Access.”
8. Displayed Information. We make every possible effort to post accurate pricing and quantity information about our products, including pictures of them. We cannot guarantee that all of this information is accurate, and we are not responsible for any such errors. Note that colors may display differently depending on your computer configuration and/or browser settings. Products may be out of stock, sold-out, or discontinued, as determined in the sole discretion of Style & Modesty. All prices are subject to change without prior notice.
10. Disclaimer of Other Sites. We are not responsible and liable for any information, products, or services provided by other websites that link to or from our site. We neither endorse nor are responsible for the accuracy of any third-party material(s), and you agree that we are not responsible for any loss or damage caused by your use of or reliance on such information; nor for any failure to enforce any of our rights under this agreement, at law or in equity, against any site user or any third-party.
13. Equipment. You must obtain, pay for and maintain all software, hardware and anything else needed to use the Site.
17. Site Contents. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as a part of this Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Style & Modesty or Universal Modesty Group Inc., its subsidiaries, and/or affiliates. You gain no rights of any nature whatsoever in our trademarks, service marks or trade names through your use of this site.
18. Product Images. Please be advised that the color of product images may vary slightly than the actual color, due to different screen setups and the effect of lights used when taking pictures.
19. No Endorsement of Site Content. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on or off the Site by anyone other than one of our authorized employee spokespersons while acting in their official capacities. It is the responsibility of you to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site or through a Site user. Advice of a professional may be necessary for you regarding the evaluation of any specific information, opinion, advice or other content.
20. Termination Due to Infringement. We respect the rights of copyright holders and in this regard, we have adopted and implemented this policy. Under this policy, we shall terminate, if commercially practicable and reasonable, site access in appropriate circumstances for employees, site users and account holders, who infringe the rights of copyright holders. If the infringer is an innocent infringer, then we shall not terminate access unless such person has repeatedly infringed copyrighted material. If we determine that the infringer negligently or intentionally engaged in the infringing activity, then we reserve the right to immediately terminate that infringer’s site access.
21. Notification. If anyone believes that his or her work has been copied in a way that constitutes copyright infringement, and that work appears on the Site, or on another web site linked to the site, then that person (the “Notifier”) should provide our Copyright Agent: Rajia Mumith, 1800 Day Dr., Carrollton, TX 75010, a notification (“Notification”) containing the following information under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (the “Acts”), 17 U.S.C. §512(c) (3):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
22. Counter Notification. Upon receiving a Notification, we will take reasonable steps to notify you or the other individual (the “Material User”) under whose direction the material resides on this site or any other website, if applicable, that we have removed or disabled access to such material. If the Material User believes that our removal of or disabling of access to such material was a result of mistake or misidentification, then the Material User should provide our Copyright Agent a counter notification (a “Counter Notification”) containing the following information under the
Acts, 17 U.S.C. §512(g)(3):
i. A physical or electronic signature of the Material User;
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
iii. A statement under penalty of perjury that the Material User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
iv. The Material User’s name, address, and telephone number, and a statement that the Material User consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, and that the Material User will accept service of process from the Notifier or his or her agent.
Upon receipt of a Counter Notification, we will provide the Notifier with a copy of the Counter Notification. We will also inform the Notifier that we will replace the removed material or cease disabling access to it. We will then restore the removed material or cease disabling access to it unless the Notifier has filed an action seeking a court order to restrain the Material User from engaging in infringing activity relating to the material on the Site. The aforementioned responsibilities are required of us in order to comply with the Acts. If the Notifier is you, you hereby agree to provide our Copyright Agent with immediate written notice of the filing of the above action.
23. Entire Agreement and Amendments. This Agreement is the entire agreement between us and supersedes all earlier and simultaneous agreements regarding the subject matter.
24. Governing Law and Forum. All claims regarding this Agreement are governed by and construed in accordance with the Laws of State of Texas, applicable to contracts wholly made and performed in such jurisdiction, except for any choice or conflict of Law principles, and must be litigated in Texas, regardless of the inconvenience of the forum, except that we may seek temporary injunctive relief in any venue of our choosing. The parties acknowledge and agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
25. No Waivers, Cumulative Remedies. Our failure to insist upon strict performance of any provision of this Agreement is not a waiver of any of our rights under this Agreement. All of our remedies under this Agreement, at Law or in equity, are cumulative and nonexclusive.
26. Severability. If any portion of this Agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect our original intent, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions.
27. Captions and Plural Terms. All captions are for purposes of convenience only and are not to be used in interpretation or enforcement of this Agreement. Terms defined in the singular have the same meaning in the plural and vice versa
28. Notices. All notices to us under this Agreement must be sent by registered or certified mail or by overnight commercial delivery to this address: 1800 Day Dr., Carrollton, TX 75010.