USE OF SITE
You represent and warrant that you are at least 18 years old orvisiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we herebygrant you a limited, revocable, non-transferable and non-exclusive license toaccess and use the Site by displaying it on your internet browser only for thepurpose of shopping for personal items sold on the Site and not for anycommercial use or use on behalf of any third party, except as explicitlypermitted by us in advance. Any breach of this Agreement shall result in theimmediate revocation of the license granted in this paragraph without notice toyou.
Except as permitted in the paragraph above, you may not reproduce,distribute, display, sell, lease, transmit, create derivative works from,translate, modify, reverse-engineer, disassemble, decompile or otherwiseexploit this Site or any portion of it unless expressly permitted by us inwriting. You may not make any commercial use of any of the information providedon the Site or make any use of the Site for the benefit of another businessunless explicitly permitted by us in advance. We reserve the right to refuseservice, terminate accounts, and/or cancel orders at its discretion, including,without limitation, if we believe that customer conduct violates applicable lawor is harmful to our interests.
You shall not upload to, distribute, or otherwise publish throughthis Site any Content, information, or other material that (a) violates orinfringes the copyrights, patents, trademarks, service marks, trade secrets, orother proprietary rights of any person; (b) is libelous, threatening,defamatory, obscene, indecent, pornographic, or could give rise to any civil orcriminal liability under U.S. or international law; or (c) includes any bugs,viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informationalpurposes. It is your sole responsibility to consult a licensed physician orqualified health care professional for advice, diagnosis, and/or treatment ofany health related condition. Submissions or opinions expressed on this Siteare that of the individual expressing such Submission or opinion and may notreflect our opinions. Product representations expressed on this Site are thatof the vendor and are not made by us.
We may assign you a password and account identification to enableyou to access and use certain portions of this Site. Each time you use apassword or identification, you will be deemed to be authorized to access anduse the Site in a manner consistent with the terms and conditions of thisAgreement, and we have no obligation to investigate the authorization or sourceof any such access or use of the Site. YOUWILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONEUSING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOTSUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDINGWITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS(INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCHACCESS OR USE. You are solely responsible for protecting thesecurity and confidentiality of the password and identification assigned toyou. You shall immediately notify us of any unauthorized use of your passwordor identification or any other breach or threatened breach of this Site's security.
REVIEWS ANDCOMMENTS
Except as otherwise provided elsewhere in this Agreement or on theSite, anything that you submit or post to the Site and/or provide us, includingwithout limitation, ideas, know-how, techniques, questions, reviews, comments,and suggestions (collectively, "Submissions") is and will be treatedas nonconfidential and nonproprietary, and we shall have the royalty-free,worldwide, perpetual, irrevocable and transferable right to use, copy,distribute, display, publish, perform, sell, lease, transmit, adapt, createderivative works from such Submissions by any means and in any form, and totranslate, modify, reverse-engineer, disassemble, or decompile suchSubmissions. All Submissions shall automatically become our sole and exclusiveproperty and shall not be returned to you.
In addition to the rights applicable to any Submission, when youpost comments or reviews to the Site, you also grant us the right to use thename that you submit with any review, comment, or other Content, if any, inconnection with such review, comment, or other content. You represent andwarrant 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 yourreviews, comments, or other Content by us will not infringe upon or violate therights of any third party. You shall not use a false e mail address, pretend tobe someone other than yourself or otherwise mislead us or third parties as tothe origin of any Submissions or Content. We may, but shall not be obligatedto, remove or edit any Submissions (including comments or reviews) for anyreason.
INTELLECTUALPROPERTY
All text, graphics, button icons, images, audio clips, andsoftware (collectively, "Content"), belongs exclusively to TimidVentures, , or its affiliates. The collection, arrangement, and assembly of allContent on this Site (the "Compilation") belongs exclusively to TimidVentures, , or its affiliates. All software used on this Site (the"Software") is the property of Timid Ventures, , its affiliates orits Software suppliers. The Content, the Compilation and the Software are allprotected by U.S. and international copyright laws. discirmination.COM, discirmination.COMTHE WEB'S MOST POPULAR SCARVES AND ACCESSORIES STORE (& design), THESCARVES AND ACCESSORIES STORE discirmination.COM (& design), discirminationand other logos, slogans, trade names or words are registered trademarks,trademarks or service marks of Timid Ventures, IP, its affiliates, suppliers,or third parties. The use of any of our trademarks or service marks without ourexpress written consent is strictly prohibited. You may not use our trademarksor service marks in connection with any product or service in any way that islikely to cause confusion. You may not use our trademarks or service marks inany manner that disparages or discredits us. You may not use any of ourtrademarks or service marks in meta tags without prior explicit consent.
TERMINATIONAND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may,without prior notice to you, immediately terminate the Agreement or revoke anyor all of your rights granted under this Agreement. Upon any termination ofthis Agreement, you shall immediately cease all access to and use of the Siteand we shall, in addition to any other legal or equitable remedies, immediatelyrevoke all password(s) and account identification issued to you and deny youraccess to and use of this Site in whole or in part. Any termination of thisAgreement shall not affect the respective rights and obligations (includingwithout limitation, payment obligations) of the parties arising before the dateof termination.
INTERNATIONALACCESS
This Site may be accessed from countries other than the UnitedStates. This Site may contain products or references to products that are notavailable outside of the United States. Any such references do not imply thatsuch products will be made available outside the United States. If you accessand use this Site outside the United States you are responsible for complyingwith your local laws and regulations.
TYPOGRAPHICALERRORS
In the event a product is listed at an incorrect price or withincorrect information due to typographical error or error in pricing or productinformation received from our suppliers, we shall have the right to refuse orcancel any orders placed for product listed at the incorrect price. We shallhave the right to refuse or cancel any such orders whether or not the order hasbeen confirmed and your credit card charged. If your credit card has alreadybeen charged for the purchase and your order is canceled, we shall immediatelyissue a credit to your credit card account in the amount of the charge.
LINKS
This site may contain links to other sites on the Internet thatare owned and operated by third parties. You acknowledge that we are notresponsible for the operation of or content located on or through any suchsite.
COPYRIGHTCOMPLAINTS
We respect the intellectual property of others. If you believethat your work has been copied in a way that constitutes copyrightinfringement, please follow our Notice and Procedure for Making Claims ofCopyright Infringement .
REMEDIES
You agree that our remedy at law for any actual or threatenedbreach of this Agreement would be inadequate and that we shall be entitled tospecific performance or injunctive relief, or both, in addition to any damagesthat we may be legally entitled to recover, together with reasonable expensesof 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 injunctiverelief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under theseterms and conditions shall imply any obligation to grant any similar, future orother waiver.
APPLICABLELAW
This site is created and controlled by us in the State of Nevada,USA. As such, the laws of the State of Nevada will govern these disclaimers,terms, and conditions, without giving effect to any principles of conflicts oflaws.
DISPUTES
Any dispute relating in any way to your visit to the Site or tothe products you purchase through the Site shall be submitted to confidentialarbitration in Las Vegas, Nevada, except that to the extent you have in any mannerviolated or threatened to violate our intellectual property rights, we may seekinjunctive or other appropriate relief in any state or federal court in theState of Nevada. You hereby consent to, and waive all defenses of lack ofpersonal jurisdiction non conveniens with respect to venue and jurisdiction inthe state and federal courts of Nevada. Arbitration under these Terms of Useshall be conducted pursuant to the Commercial Arbitration Rules then prevailingat the American Arbitration Association. The arbitrator's award shall be finaland binding and may be entered as a judgment in any court of competentjurisdiction. To the fullest extent permitted by applicable law, no arbitrationunder this Agreement shall be joined to an arbitration involving any otherparty subject to this Agreement, whether through class action proceedings orotherwise. You agree that regardless of any statute or law to the contrary, anyclaim or cause of action arising out of, related to or connected with the useof the Site or this Agreement must be filed within one (1) year after suchclaim or cause of action arose or be forever banned.
SEVERABILITY
If any these provisions shall be deemed invalid, void, or for anyreason unenforceable, that condition shall be deemed several and shall notaffect the validity and enforceability of any remaining provision.
ShippingInformation
For the cardholder's protection, the company reserves the right tosend orders to the billing address if a differing shipping address cannot beverified.
Please note: we cannot ship via a traceable method to any postoffice boxes. Delivery time cannot be guaranteed nor can the package betracked. We encourage all deliveries be made to a physical address so packagescan be tracked.