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BodyNylon TERMS OF SERVICE – EFFECTIVE DATE JUNE 28, 2018 –
Through this Website and related Social Media accounts, BodyNylon (“Our”,”We”,”Us”) makes available a variety of exciting clothing and accessories on wholesale and retail basis (the “Service(s)”) in exchange for payment by you.
This Service is offered subject to your acceptance of these Terms of Service (“Terms”) as well as any relevant sections of the BodyNylon PRIVACY POLICY.
These Terms constitute the entire Agreement between you and BodyNylon and govern your use of the Website, and they supersede any prior agreements between you and BodyNylon.
Please read these Terms carefully before using our Services.
By DISCLOSING Your PERSONAL INFORMATION, including PAYMENT INFORMATION, SHIPPING AND BILLING ADDRESS, creating an Account, and/or clicking “Purchase” or other similar button, You acknowledge that you:
have read these Terms,
understand these Terms, and
accept and agree to be bound by them.
If you disagree with these Terms, please discontinue the use of Our Services or Our Website. If at any time you are not willing to be bound by these terms, you should, where applicable:
click the “I do not accept” or similar button, and
immediately cease and refrain from accessing or using the Services.
1) RETURNS
BodyNylon wants you to be satisfied with your purchases from this Website. Eligible items may be returned to BodyNylon in accordance with any Return Policy posted on this Website.
2) PROMOTIONS AND CONTESTS
Any contests or promotions described or posted on this Website will be governed by the rules regulating such event.
3) INTELLECTUAL PROPERTY
1.a) Property of BodyNylon
The contents of the Services, including the Website and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by BodyNylon, or the party credited as the provider of the materials. You agree to abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Services.
By accepting these Terms, you further acknowledge and agree that we and any of our third party licensors own and will continue to own all right, title, and interest in and to the materials and other elements of our services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
Except for any limited, revocable license expressly granted herein, these Terms do not grant you any ownership or other right or interest in or to the materials and/or other elements of the Services, or any other intellectual property rights of ours, whether by implication or otherwise. Any and all trademarks or service marks that we use in connection with the Services are marks owned by us. These Terms do not grant you any right, license, or interest in such marks, and you will not assert any right, license, or interest in such marks or any words or designs that are similar to such marks.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content on this Website, or the Services (including software), in whole or in part.
1.b) User-generated Content
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you
(i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or
(ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #BodyNylon or any other BodyNylon promoted hashtag (collectively “User Content”) will be deemed non-confidential and nonproprietary.
By submitting or posting any User Content, you grant to BodyNylon and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce
California Proposition 65
We make this warning as a result of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, which requires us to inform citizens in California about exposures to certain chemicals. WARNING: Products sold on this site may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.
ABILITY TO USE THE SITE
In order to accept the Terms and to use the Site, you must be at least 18 years of age (“Minimum Age”). The Site not intended for users under the Minimum Age. You hereby affirmatively represent that (1) you are at least the Minimum Age in the applicable country; (2) you have the consent of your parent(s) to use the Site if you are under 18 years of age; (3) you have all the applicable rights and authority to grant BodyNylon the rights granted in these Terms; and (4) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of these Terms, you may not use this website.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with BodyNylon.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with BodyNylon must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
GOVERNING LAW & VENUE
These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with BodyNylon exclusively in a state or federal court located in Los Angeles, California, and to submit to the personal jurisdiction of the courts located in Los Angeles County for the purpose of litigating all such disputes.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. BodyNylon’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. BodyNylon reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with BodyNylon.
Notice of Copyright Infringement under the “Digital Millennium Copyright Act” (DMCA)
We do not permit copyright infringing activities on the Site. We may remove any content of any kind that a user posts to the Site (“User Communications”), if properly informed that the User Communications infringe another’s copyright rights. We may terminate the ability to submit User Communications if a person submitting User Communications to the Site is determined to be a repeat offender. If you are a copyright owner or an agent for such owner and believe that any User Communications on the Site by third parties infringes upon your copyrights, you may notify us by providing the all of the following information in writing:
• Identification of the location where the original or an authorized copy of the copyrighted work exists;
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
• Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Victoria’s Secret to locate the same;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
If you fail to comply with all of the requirements above, your notice may not be valid.
These Terms of Use (“Terms”) apply to the website located at bodynylon.com, the BodyNylon mobile applications, and any other websites or applications associated with BodyNylon brands or products that direct the viewer or user to these Terms (collectively, the “Site”). In these Terms, the terms “BodyNylon,” “we,” and “us” refers to BodyNylon, Inc. and its respective subsidiaries and affiliated companies.
Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you should discontinue access or use of the Site.
TERMINATION
The Terms are effective unless and until terminated by either you or BodyNylon. You may terminate the Terms at any time. BodyNylon also may terminate or suspend access to this Site at any time and may do so immediately without notice, if in BodyNylon’s sole discretion you fail to comply with any term or provision of these Terms. Upon any termination of the Terms by either you or BodyNylon, you must promptly destroy all materials, downloaded or otherwise, obtained from this Site, as well as all copies of such materials, whether made under the terms of this these Terms or otherwise.