Welcome to the Go Couture® website (the “Site”). The following terms and conditions (“Terms”) govern your access to and use of this Site and any content, functionality, products or services offered on or through this Site, whether as a guest or a registered user.
Please read the Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by the Terms and our Privacy Policy incorporated herein by reference. If you do not agree to the Terms, you must not access or use the Site.
1. Website Access
1.1 Limited License. Subject to your compliance with the Terms, Go Couture® grants you a limited, revocable, non-transferable license to access and make personal use of this Site in accordance with the Terms. No rights not explicitly granted herein are conferred by this Agreement. You shall not (a) copy, modify, create derivative works of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or structure, sequence and organization of, rent, lease, lend, sell, sublicense, assign or otherwise transfer any rights in the Site or Materials; (b) use any robot, spider, other automatic device or manual process to monitor or copy our Site or Materials without our prior written permission; or (c) use the Site for any unlawful purpose.
1.2 Site Availability. We may, without prior notice to you, temporarily or permanently modify, suspend or discontinue all or any aspects of this Site, or your access to this Site, at any time. The Site may contain inaccuracies or typographical errors and you agree that Go Couture® and its subsidiaries shall have no liability for such inaccuracies or errors.
2. Registration and Your Account
2.1 Registration. Certain features or services offered on or through the Site may require you to open an account (including setting up an Go Couture® ID and password). You must provide accurate and complete information and keep your account information updated.
2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Go Couture® account password and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Go Couture® of any unauthorized use of your password or account or any other breach of security. You may be held liable for losses incurred by Go Couture®, any user, or visitor to the Site due to someone else using your Go Couture® ID, password, or account. Go Couture® cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
3. Privacy Policy
Please review our Privacy Policy to understand our information collection, use, and disclosure practices related to your access and use of this Site. Our Privacy Policy is incorporated into the Terms by this reference.
4. User Content
4.1 User Content Generally. The Site may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software and other materials (“User Content”). You are solely responsible for your User Content. You assume all risks associated with use of your User Content. You are solely responsible for your conduct and any data, text, information, links, images, photos, profiles, audio, music, sounds, video, software or other materials you submit, post, and display on or through the Site.
4.2 Posting Requirements. You may only post User Content that you own or have permission to freely share. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, fraudulent, misleading, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable content. Go Couture® may remove any User Content at any time. You acknowledge that Go Couture® is not responsible or liable for information posted by others on this Site.
4.3 No Duty to Monitor. Go Couture® does not review, approve, monitor, endorse or make any representations or warranties with respect to your User Content or other users’ content. You use this Site at your own risk.
4.4 Feedback. If you provide Go Couture® any feedback or creative suggestions (“Feedback”), you hereby assign to Go Couture® all rights in the Feedback and agree that Go Couture® shall have the right to use the Feedback and related information in any manner Go Couture® deems appropriate. Go Couture® will treat any Feedback you provide to Go Couture® as non-confidential and non-proprietary.
5. Products and Services
5.1 Purchase Terms. If you wish to purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase. You represent that you have full legal capacity to enter into this agreement. Go Couture® may, in its sole discretion, refuse or cancel your order at any time prior to shipment. Some orders may require additional verifications and authorizations from you prior to accepting your order. You agree to abide by applicable import and export control laws and regulations. You are responsible for any fees associated with customs clearance, duties, tariffs and taxes.
5.2 Payment. You shall pay all fees or charges due in connection with your Purchases in accordance with billing terms in effect at the time the fee or charge becomes due and payable. By making a Purchase, you represent that you are authorized to use the payment instrument you provided during the checkout process. If we do not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon our demand.
5.3 Availability; Errors. Quantities of any products or services listed for sale on this Site are subject to availability and may change at any time. Prices and descriptions may be subject to change. We attempt to be as accurate as possible and eliminate errors on this Site; however, we do not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-free.
5.4 Delivery. We will arrange for shipment of ordered products to you. Please check the individual product page for specific delivery options. You are responsible for all shipping and handling charges unless otherwise noted. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5.5 Returns. Please review our Return Policy posted on the Site prior to making any Purchases.
6. Prohibited Conduct
YOU AGREE NOT TO:
- Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates another’s rights, including any intellectual property rights; (ii) you do not have a right to make available; (iii) contains any inaccurate, false, misleading or deceptive information; (iv) promotes bigotry, racism, hatred or harm against any group or individual; (v) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or offensive; (vi) jeopardizes the security of your account or anyone else’s; (vii) impersonates anyone else or provide misleading identification information; or (viii) contains viruses, corrupted data or any other harmful or deleterious material;
- Access, tamper with or use non-public areas of the Site or Go Couture®‘s computer systems;
- Attempt to probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise attempt to circumvent any technological measure implemented by Go Couture® or any of Go Couture®‘s providers or any other third party (including another user) to protect the Site;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
- Take any action that damages, disables, overburdens or impairs the Site or interferes with any other party’s use of the Site;
- Use any robot, spider, or other automatic or manual device, process, or means to access, retrieve data from or copy data on the Site for any purpose;
- Use the Site for any commercial purpose or for the benefit of any third party or in any manner not permitted by the grants of rights in these Terms;
- Collect or store any personal information from the Site from other users without their express permission;
- Use the Site for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
7. Intellectual Property Rights
7.1 Site Content. The Site contains intellectual property owned or licensed by Go Couture® including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Go Couture® name, logo, and designs. You agree not to copy, download, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute in any way content or functionality of the Site.
7.2 Violations. We reserve the right to seek all remedies available at law and in equity for violations of the Terms or our intellectual property rights.
8. DMCA Notice
Go Couture® respects the intellectual property rights of others. If you believe that your intellectual property rights have been violated, please provide Go Couture®‘s Copyright Agent with a written Notice containing the following information:
- An electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- A description of the copyrighted work that you claim has been infringed;
- A description of the material that is claimed to be infringing and where it is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.
Go Couture®‘s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Email: [email protected]
Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you falsely claim that someone is infringing your copyright. Alternatively, you knowingly materially misrepresent that material or activity is not authorized by the copyright owner or the law. Therefore, if you are not sure if certain material infringes your copyright, we suggest you contact an attorney.
9. Warranties Disclaimer
You acknowledge that Go Couture® has no control over and does not guarantee the quality, accuracy, safety, value or legality of content; the truth or accuracy of any User Content; the ability of any product to perform as expected; or that any product descriptions, shipping and handling information or other Site content is accurate, complete, reliable, current or error-free.
THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GO COUTURE® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
GO COUTURE® DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY GO COUTURE® OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitations of Liability
GO COUTURE® SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Changes to the Terms
We may change these Terms from time to time. Please check back periodically to keep informed of updates. Your continued use of this Site after any changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to access) the Site.
12. Governing Law
These Terms and any dispute or claim arising out of them shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. You agree that any legal action arising out of the Terms shall be filed in a court of competent jurisdiction located in Los Angeles County, California.
13. Consent to Electronic Communications
By using this Site, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this Site. If you revoke your consent to receive electronic notice, you agree that you will promptly stop using this Site.
14. General Terms
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Our failure to act on any breach of any provision shall not operate or be construed as a waiver of that provision or any subsequent breaches. Section titles are provided for convenience only and have no legal or contractual effect. These Terms, and any rights or licenses granted hereunder, may not be assigned, transferred or sublicensed by you.
Contacting Us
If you have any questions about the Terms or the Site, please contact us at:
Go Couture®
[email protected]
By using this Site you agree to and accept these Terms.