1.Site Access License. Gustavo Apiti Couture grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Sites or their Content and not to modify all or any portion of the Sites and their Content. This license does not include any resale or commercial use of the Sites or their Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their Contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. Purchase for Personal Use Only- You may purchase products on the site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Gustavo Apiti Couture, its content providers or its affiliates without Gustavo Apiti Couture’s express written consent. You will not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
Copyright. All content included on gustavoapiti.com site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software, is the property of Gustavo Apiti Couture or its content suppliers and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Gustavo Apiti Couture, or its content suppliers, as the case may be.
Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Sites. In consideration of your use of the Sites, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Sites’ registration or subscription page (such information the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are entirely responsible for the security and confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Sites using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Sites. If you provide any information that is untrue, inaccurate, not current or incomplete, or Gustavo Apiti Couture has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gustavo Apiti Couture may suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
We may provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). The Sites may also include a tool that allows you to sign in or register using information from your account with a third-party service, such as Facebook, Twitter, YouTube, Google, or Pinterest. These third-party services are unrelated to the Sites, and your use of such third-party services is subject to the terms and policies of those services.
Trademarks/No Endorsement. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, without Gustavo Apiti Couture’s prior written consent. All trademarks, service marks and trade names of Gustavo Apiti Couture used herein (including but not limited to: the Gustavo Apiti Couture name, the Gustavo Apiti Couture corporate logo, the Sites’ names, the Sites’ designs, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Gustavo Apiti Couture or its affiliates, partners, vendors or licensors. . The use of the Marks on any other web site or network computer environment is not allowed. Gustavo Apiti Couture prohibits the use of the Marks as a “hot” link on or to any other web site unless establishment of such a link is approved in advance. You shall not use Gustavo Apiti Couture’ name or any language, pictures or symbols which could, in Gustavo Apiti Couture’ judgment, imply Gustavo Apiti Couture’s endorsement in any way.
User Submission Policy. If you provide Gustavo Apiti Couture any user content (e.g. comments to stories or blog postings, testimonials, ideas, tips, etc.) that they have created for consideration in connection with the Site (“User Submissions”), the User Submissions remain the intellectual property of the individual user. By posting content on our Site or submitting it to Gustavo Apiti Couture via the Site, you expressly grant Gustavo Apiti Couture a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-license right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sub-license such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Gustavo Apiti Couture shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
Inappropriate User Submissions. Gustavo Apiti Couture does not encourage, and does not seek User Submissions that result from any activity that: (i)may create a risk of any other loss or damage to any person or property; or (ii)may constitute a crime or tort. (iii) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal. Gustavo Apiti Couture will reject any User Submissions in which Gustavo Apiti Couture believes, in its sole discretion, that any such activities have occurred. If notified by a user of a User Submission that allegedly violates any provision of this Agreement, Gustavo Apiti Couture reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such User Submission from the Site at any time and without notice. Also, you agree that you have not and will not engage in any of the foregoing activities in connection with producing the User Submission. Without limiting the foregoing, you agree that in conjunction with your User Submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
User Published Content. Gustavo Apiti Couture does not vouch for the accuracy or credibility of any user published Content on our Sites, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Sites. User published Content does not represent the views of Gustavo Apiti Couture or any individual associated with Gustavo Apiti Couture, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Gustavo Apiti Couture’s endorsement of user published Content. Through your use of the Sites and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Sites, you assume all associated risks.
Advertising Rights. Gustavo Apiti Couture reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Submission, and Gustavo Apiti Couture and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this section obligates or may be deemed to obligate Gustavo Apiti Couture to sell, license or offer to sell or license any advertising, promotion or distribution rights.
Linking to the Sites. Running or displaying the Sites or any information or material displayed on the Sites in frames or through similar means on another web site without our prior written permission is prohibited. Creating or maintaining any link from another web site to any page on the Sites without our prior written permission is prohibited. Any permitted links to the Sites must comply will all applicable laws, rule and regulations.
Third Party Links. From time to time, the Sites may contain links to web sites that are not owned, operated or controlled by Gustavo Apiti Couture or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Sites, you do so entirely at your own risk.
Inappropriate Material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Sites or the Sites or through voice computer systems is expressly prohibited by this Agreement. Any such unauthorized use of our computer systems is a violation of this Agreement and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or this Agreement, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from leaving comments or participating in our forums and communities and/or the immediate removal of the related materials from the Sites at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Order Eligibility. You may only purchase products which appear on this Site and are delivered to an address located in the United States and products can be purchased only for personal use by either yourself or your intended recipient of the products. Gustavo Apiti Couture may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by Gustavo Apiti Couture. Gustavo Apiti Couture makes no promise that products and services available on the Sites are appropriate or available for use in locations outside the United States (“Territory”), and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Sites.
Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Details of the products and services available for purchase are set out on the Sites. All prices are displayed exclusive of all taxes. Packaging may vary from that shown. Certain sizes, measurements, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Sites at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Sites. All purchases from the Sites are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Sites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Return and Exchange policy: Refunds are not permitted, please make sure to order the correct size and note that all returns are for same item exchange only. If you are not completely satisfied with the fit of your purchase you may return eligible items in their original condition within 14 business days from shipment arrival in exchange for a different size and this may take another 4 weeks in order for you to get your exchange order because we would have to make a new piece for you. Returns must be unworn, unaltered and unwashed with all tags attached. Returns must not be custom and we are not responsible for returning shipping costs. We do not offer returns, exchanges or alterations on discounted items. Custom purchases are final and we offer alterations to customers that notify us within 14 business days from shipment arrival. In the event that the return or exchange is due to an incorrect order or faulty product, Gustavo Apiti Couture will be responsible for the shipping costs associated with such return. In all other cases, you will be responsible for the return.
Accuracy of Information. We attempt to ensure that information on the Sites is complete, accurate and current. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Sites. For example, products included on the Sites may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Sites. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Fees. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. all charges for any products and services sold on the Sites, Gustavo Apiti Couture or its vendors or agents will bill your bank card or alternative payment method offered by Gustavo Apiti Couture. In the event legal action is necessary to collect on balances due, you agree to reimburse Gustavo Apiti Couture and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Sites.
Access and Interference. You will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites.
DISCLAIMERS. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER GUSTAVO APITI COUTURE, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, CONTENT, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GUSTAVO APITI COUTURE, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GUSTAVO APITI COUTURE OR THROUGH THE SITES, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. Gustavo Apiti Couture does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Sites, or your downloading of any information or materials from this Sites. IN NO EVENT WILL GUSTAVO APITI COUTURE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY SITE LINKED TO THE SITE, OR THE MATERIALS, CONTENT, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT GUSTAVO APITI COUTURE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM GUSTAVO APITI COUTURE. IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES. IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. POSTED ON THE SITES. IN NO EVENT SHALL GUSTAVO APITI COUTURE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY-FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE SITES.
Termination. You or we may suspend or terminate your account or your use of this Sites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Sites in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Indemnity. You agree to defend, indemnify and hold Gustavo Apiti Couture and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Sites or the Internet or your placement or transmission of any message or information on this Sites by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Gustavo Apiti Couture; or (vi) any other party’s access and use of the Sites with your unique username, password or other appropriate security code.
Force Majeure. Neither Gustavo Apiti Couture nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
General. Any claim relating to, and the use of, this Sites and the materials contained herein is governed by the laws of the state of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. 20 (Access and Interference), 22 (Representations and Warranties), 12 (License), 23 (Disclaimers), 24 (Limitations of Liability), 25 (Indemnity), and 29 (General) shall survive any termination or expiration of this Agreement. We do not guarantee continuous, uninterrupted or secure access to our Sites or Services, and operation of the Sites may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Gustavo Apiti Couture in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Entire Agreement. This Agreement is the entire agreement between you and Gustavo Apiti Couture and supersede any prior understandings or agreements (written or oral)
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at email@example.com or by phone at 206-557-2207.
Copyright Notice. All Site design, graphics, text selections, content, and arrangements are Copyright © 2015, Gustavo Apiti Couture or its licensors. ALL RIGHTS RESERVED.