TERMS OF USE
Last Revised: *DATE*
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS
WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS
INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO
NOT USE THIS WEBSITE.
These Terms of Use apply to your access to, and use of, all or part of any website or mobile
application of Mannequins-onsale, and/or its subsidiaries and affiliated companies (individually
and/or collectively, “Mannequins-onsale”), including Mannequins-onsale.com and any other site, mobile
application or online service where these Terms of Use are posted (collectively, the “Sites”).
These Terms of Use do not alter in any way the terms or conditions of any other agreement
you may have with Mannequins-onsale for products, services or otherwise. This agreement
contains disclaimers and other provisions that limit our liability to you.
In the event there is any conflict or inconsistency between these Terms of Use and any
other terms of use that appear on the Sites, these Terms of Use will govern. However, if you
navigate away from the Sites to a third party site, you may be subject to alternative terms
and conditions of use, as may be specified on such site, which will govern your use of that
site.
While we make reasonable efforts to provide accurate and timely information about Mannequins-onsale,
you should not assume that the information is always up to date or that the Sites
contain all the relevant information available about Mannequins-onsale.
Mannequins-onsale reserves the right to change or modify these Terms of Use or any policy or
guideline of the Sites, at any time and in its sole discretion. If we make material changes to
these Terms of Use, we will inform you by posting a notice on the Site(s). Any changes or
modifications will be effective immediately upon posting the revisions to the Sites, and you
waive any right you may have to receive specific notice of such changes or modifications.
Your continued use of the Sites will confirm your acceptance of such changes or
modifications; therefore, you should frequently review these Terms of Use and applicable
policies to understand the terms and conditions that apply to your use of our Sites. If you do
not agree to the amended terms, you must stop using the Sites.
Eligibility, Registration and Account
The Sites are not targeted towards, nor intended for use by children. If you are a parent or
guardian and believe we may have collected information about a child, please contact us as
described in the “Contact Us” section, below, and we will purge their account and their
information from our database.
In order to participate in certain areas of our Sites, you will need to register for an account.
You agree to (a) create only one account; (b) provide accurate, current and complete
information when creating your account; (c) maintain and promptly update your account
information; (d) maintain the security of your account by not sharing your password with
others and restricting access to your account and your computer; (e) promptly notify Mannequins-onsale
if you discover or otherwise suspect any security breaches relating to the Sites; and
(f) take responsibility for all activities that occur under your account and accept all risks of
unauthorized access.
Privacy
Please read the Privacy Policy carefully to understand how Mannequins-onsale collects, uses and
discloses personally identifiable information from its users. By accessing or using the Sites,
you consent to all actions that we take with respect to your data consistent with our Privacy
Policy.
Terms of Sale
All sales from the Sites are governed by Mannequins-onsale Terms of Sale. Please refer to our
Terms of Sale for the terms, conditions and policies applicable to your purchase of products
from Mannequins-onsale. By ordering products through our Sites, you agree to be bound by and
accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at
any time, in Mannequins-onsale sole discretion, so you should review the Terms of Sale each time
you make a purchase.
Site Disclaimer
The materials and information on the Sites may include technical inaccuracies or
typographical errors. The materials, information and services on the Sites are provided “as
is” without any conditions, warranties or other terms of any kind. Accordingly, to the
maximum extent permitted by applicable law, Mannequins-onsale disclaims all other warranties,
express or implied, including, without limitation, implied warranties of merchantability,
fitness for a particular purpose, title, availability, that the Sites and Site Materials are free
from viruses, and non-infringement as to the Sites and the information, content and
materials contained therein.
Copyright and Limited License
Unless otherwise indicated, the Sites and all content and other materials therein, including,
without limitation, the Mannequins-onsale trademark(s)/logo(s) and all marks, designs, text,
graphics, pictures, information, data, software, sound files, other files and the selection and
arrangement thereof (collectively, “Site Materials”) are the proprietary property of Mannequins-onsale
or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited license, which you may not under any circumstances, sub-license,
to access and use the Sites and Site Materials for business and personal, informational and
shopping purposes only. Such license is subject to the Terms of Use and does not include:
(a) any resale or commercial use of the Sites or Site Materials; (b) the collection and use of
any product listings, pictures or descriptions; (c) the distribution, public performance or
public display of any Site Materials; (d) modifying or otherwise making any derivative uses
of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots
or similar data gathering or extraction methods; (f) downloading (other than the page
caching) of any portion of the Sites, the Site Materials or any information contained therein,
except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials
other than for their intended purpose. Any use of the Sites or Site Materials other than as
specifically authorized herein, without the prior written permission of Mannequins-onsale, is
strictly prohibited and will terminate the license granted herein. Such unauthorized use may
also violate applicable laws, including, without limitation, copyright and trademark laws and
applicable communications regulations and statutes. Unless explicitly stated herein, nothing
in these Terms of Use shall be construed as conferring in any manner, whether by
implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any
intellectual property or other right and any goodwill associated therewith.
Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material available via the Sites infringes a copyright you own or control,
you may file a notification of such infringement with our Designated Agent as set forth
below.
INSERT Mannequins-onsale ADDRESS
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should
note that if you knowingly misrepresent in your notification that the material or activity is
infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred
by us or the alleged infringer as the result of our relying upon such misrepresentation in
removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against material posted by you on the
Sites, you may make a counter-notification with our Designated Agent listed above,
provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)
(3). If we receive a valid counter-notification, it may reinstate the removed or disabled
material in accordance with the DMCA.
In accordance with the DMCA and other applicable law, we have also adopted a policy of
terminating, in appropriate circumstances and in our sole discretion, users who are deemed
to be repeat infringers. Mannequins-onsale may also, in its sole discretion, limit access to the Sites
and/or terminate the accounts of any users who infringe any intellectual property rights of
others, whether or not there is any repeat infringement.
Trademark Information
Mannequins-onsale items are trademarks of Mannequins-onsale. All other Mannequins-onsale trademarks,
service marks, domain names, logos, company names and indicia of origin referred to on the
Sites are either trademarks, service marks, domain names, logos, company names or indicia
of origin or are otherwise the property of Mannequins-onsale or its affiliates or licensors. In
countries where any of the Mannequins-onsale trademarks, service marks, domain names, logos,
company names or indicia of origin are not registered, we claim other rights associated with
unregistered trademarks, service marks, domain names, logos, trade name, company names
and indicia of origin. Other product or company names referred to on the Sites may be
trademarks of their respective owners. You may not use any trademark, service mark,
domain name, logo, company name, trade name or indicia of origin of Mannequins-onsale or any
third party without permission from the owner of the applicable trademark, service mark,
domain name, logo, company name, trade name or indicia of origin.
You may contact Mannequins-onsale by sending an e-mail to NEED EMAIL or writing to NEED
INFORMATION to request written permission to use trademarks, indicia of origin and
materials on the Sites for purposes other than stated in these Terms of Use or for all other
questions relating to the Sites.
All rights not expressly granted are reserved.
Restrictions on Use
The Sites may include interactive areas in which you or other registered users may create,
post, send or store messages, materials, data, information, text, music, sound, photos,
video, graphics, applications, tags, code, links or other items or materials on the Sites
(“User Content”). By using the Sites, you agree not to post, upload, transmit, distribute,
store, create or otherwise publish through the Sites any of the following:
a. Unless specifically requested by Mannequins-onsale, any “sensitive” personally identifiable
information about yourself or another person (including, but not limited to, information that
relates to health or medical conditions, social security numbers, credit cards, bank accounts
or other financial information, other information concerning trade union membership, sex
life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic
origin, or other sensitive matters);
b. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive,
inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with
our employees, partners, customers or suppliers;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party;
d. User Content that impersonates any person or entity or otherwise misrepresents your
identity or affiliation with another person or entity;
e. Spam, direct marketing communications or any unsolicited advertising, promotional
materials or other forms of solicitation or commercial content;
f. User Content that constitutes, encourages or provides instructions for a criminal offense,
violates the rights of any party or that creates liability or violates any applicable local, state,
national or international law;
g. Viruses, spyware, Trojan horses, Easter eggs or any other harmful, disruptive or
destructive files; and
h. User Content that violates these Terms of Use or, in the sole judgment of Mannequins-onsale, is
objectionable, restricts or inhibits any other person from using or enjoying the Sites or
which damages the image or rights of Mannequins-onsale, other users or third parties.
You further agree not to (i) use technology or other means to access Mannequins-onsale or the
Sites or Site Materials that is not authorized by Mannequins-onsale; (ii) use or launch any
automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to
access Mannequins-onsale or the Sites or Site Materials; (iii) attempt to gain unauthorized access
to Mannequins-onsale computer network or user accounts; or (iv) attempt to damage, disable,
overburden, or impair Mannequins-onsale servers or networks.
Mannequins-onsale does not control, take responsibility for or assume liability for any User
Content posted, stored or uploaded by you or any third party, or for any loss or damage
thereto, nor is Mannequins-onsale liable for any user conduct or any mistakes, defamation, slander,
libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The
interactive areas are generally designed as open and public community areas for connecting
and sharing with other people. When you participate in these areas, you understand that
certain information and content you choose to post may be displayed publicly. You are
solely responsible for your use of the Sites and agree to use the interactive areas at your
own risk.
If you become aware of User Content that you believe violates these Terms of Use (with the
exception of copyright infringement which is addressed in the Digital Millennium Copyright
Act Notice section), you may report it by clicking on the “Report Abuse” or “Flag” links
located just below each piece of User Content. Enforcement of these Terms of Use,
however, is solely in our discretion and absence of enforcement in some instances does not
constitute a waiver of our right to enforce the Terms of Use in other instances. In addition,
these Terms of Use do not create any private right of action on the part of any third party or
any reasonable expectation or promise that the Sites will not contain any content that is
prohibited by these Terms of Use. Although Mannequins-onsale has no obligation to screen, edit or
monitor any of the User Content posted on the Sites, Mannequins-onsale reserves the right, and
has absolute discretion, to remove, screen or edit any User Content on the Sites at any time
and for any reason without notice. You are solely responsible for creating backup copies
and replacing any User Content you post or store on the Sites at your sole cost and
expense.
If you are viewing the Sites on a public computer or are otherwise using a computer to
which multiple people have potential access, be sure to follow all relevant instructions to
ensure you are sufficiently disconnected and logged off the Sites and the computer system
you are using to prevent unauthorized User Content.
License to User Content
You represent and warrant that your User Content is not subject to any confidentiality
obligations and that you own and control all of the rights to the User Content, have the
lawful right to distribute and produce such User Content, or otherwise have the right to
grant the rights to Mannequins-onsale that you grant herein. Mannequins-onsale claims no ownership or
control over any User Content, except as otherwise provided herein, on the Sites or in a
separate agreement. However, by submitting or posting User Content on the Sites, you
grant Mannequins-onsale and its designees a worldwide, perpetual, irrevocable, non-exclusive,
fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works,
combine with other works, alter, translate, distribute copies, display, perform, publish,
license or sub-license the User Content and your name and likeness provided in connection
with such use of your User Content. By posting User Content, you hereby release Mannequins-onsale
and its agents and employees from any claims that such use, as authorized above,
violates any of your rights and you understand that you will not be entitled to any
compensation for any use of your User Content.
Submission of Ideas
Separate and apart from the User Content you provide, you can submit questions,
comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative
materials or other information about Mannequins-onsale, our Sites and our products (collectively,
“Ideas”). Ideas, whether posted to the Sites or provided to Mannequins-onsale by email or
otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. Mannequins-onsale
shall own exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or
otherwise, without acknowledgment or compensation to you. Please do not send us Ideas if
you expect to be paid or want to continue to own or claim rights in them; your Ideas might
be great, but we may have already had the same or similar idea and we do not want
disputes.
Links to Sites
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for
noncommercial purposes, provided such links do not portray Mannequins-onsale in a false,
misleading, derogatory or otherwise defamatory manner and provided further that the
linking site does not contain any obscene, pornographic, sexually explicit or illegal material
or any material that is offensive, harassing or otherwise objectionable. This limited right may
be revoked at any time. In addition, you may not use Mannequins-onsale logo or other proprietary
graphics to link to our Sites without our express written permission. Further, you may not
use, frame or utilize framing techniques to enclose any Mannequins-onsale trademark, logo or
other proprietary information, including the images found at the Sites, the content of any
text or the layout/design of any page or form contained on a page on the Sites without our
express written consent. Except as noted above, you are not conveyed any right or license
by implication, estoppel or otherwise in or under any patent, trademark, copyright or
proprietary right of Mannequins-onsale or any third party. Mannequins-onsale makes no claim or
representation regarding, and accepts no responsibility for, the quality, content, nature or
reliability of websites linking to the Sites. Such sites are not under the control of White
Toque and Mannequins-onsale is not responsible for the content of any linked site or any link
contained in a linked site, or any review, changes or updates to such sites.
Third Party Content, Products and Services (including Advertising and Promotions)
Mannequins-onsale may provide third party content on the Sites (including embedded content) and
links to web pages and content of third parties, including advertisements and promotions
(collectively, “Third Party Content”) as a service to those interested in this information. We
do not control, endorse or adopt any Third Party Content, including that the inclusion of any
link does not imply affiliation, endorsement or adoption by Mannequins-onsale of any site or any
information contained therein, and can make no guarantee as to its accuracy or
completeness. You acknowledge and agree that Mannequins-onsale is not responsible or liable in
any manner for any Third Party Content and undertakes no responsibility to update or
review such Third Party Content. You agree to use such Third Party Content contained
therein at your own risk. When you visit other sites via Third Party Content, or participate in
promotions or business dealings with third parties, you should understand that our terms
and policies no longer govern, and that the terms and policies of those third party sites will
now apply. You should review the applicable terms and policies, including privacy and data
gathering practices, of any site to which you navigate from our Sites.
Limitation on Liability
To the maximum extent permitted by applicable law, Mannequins-onsale and its officers, directors,
employees, shareholders or agents shall not be liable for any direct, indirect, punitive or
consequential damages, or any other damages of any kind, including but not limited to loss
of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from
or connected in any way to business interruption, whether in tort (including without
limitation negligence), contract or otherwise, arising out of or in connection with the use of
or inability to use the Sites, the content or the materials contained in or accessed through
the Sites, including without limitation any damages caused by or resulting from reliance by a
user on any information obtained from Mannequins-onsale, or that result from mistakes, omissions,
interruptions, deletion of files or email, errors, defects, viruses, delays in operation or
transmission or any failure of performance, whether or not resulting from acts of God,
communications failure, theft, destruction or unauthorized access to Mannequins-onsale records,
programs or services. In no event shall the aggregate liability of Mannequins-onsale, whether in
contract, warranty, tort (including negligence, whether active, passive or imputed), product
liability, strict liability or other theory, arising out of or relating to the use of or inability to
use the Sites, exceed any compensation you pay, if any, to Mannequins-onsale for access to or use
of the Sites. Some jurisdictions do not allow the limitation of liability in contracts with
consumers, so some or all of these limitations of liability may not apply to you.
Indemnification
You agree to defend, indemnify and hold harmless Mannequins-onsale, its independent
contractors, service providers and consultants, and their respective directors, officers,
employees, agents, parents, subsidiaries, and other affiliates, from and against any claims,
suits, damages, costs, liabilities, penalties, and expenses (including, but not limited to,
reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any User
Content or Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of
any rights of any third party; or (e) your conduct in connection with the Sites. Mannequins-onsale
reserves the right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by the User, in which event the User will cooperate in asserting
any available defenses.
Modifications to the Sites
Mannequins-onsale reserves the right to modify or discontinue, temporarily or permanently, the
Sites or any features or portions thereof without prior notice. You agree that Mannequins-onsale
will not be liable for any modification, suspension or discontinuance of the Sites or any part
thereof.
Jurisdiction and Compliance with Laws
Access to and use of the Sites and these Terms of Use are governed by U. S. federal law
and/or the laws of the State of NEED INFORMATION. without resort to conflict of law
provisions. The United Nations Convention on Contracts for the International Sale of Goods
shall have no applicability. Any legal action or proceeding relating to your access to or use
of the Sites or these Terms of Use shall be instituted only in the state or federal court
located in and/or for NEED INFORMATION. You and Mannequins-onsale agree to submit to the
jurisdiction of, and agree that venue is proper in, these courts in any such legal action or
proceeding.
Termination
Notwithstanding any of these Terms of Use, Mannequins-onsale reserves the right, without notice
and in its sole discretion, to terminate your license to use the Sites and to block or prevent
your future access to and use of the Sites. Mannequins-onsale failure or delay in taking such
actions does not constitute a waiver of its rights to enforce these Terms.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severed from these Terms of Use and
shall not affect the validity and enforceability of any remaining provisions.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following
specific consumer rights information:
The provider of the Sites is NEED INFORMATION. To file a complaint regarding the Sites or
to receive further information regarding use of the Sites, send a letter to the above address
or (with “California Resident Request” as the Subject Line). You may also contact the
Complaint Assistance Unit of the Division of Consumer Services of the Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834
or by telephone at 800.952.5210.
Contact Us
Please feel free to contact us with any comments, questions or suggestions you might have
regarding the information described in the Sites.
You may contact us at:
NEED ADDRESS