The terms and conditions only apply to Eye Candy Enterprise websites and do not apply to websites that are linked to our sites. The Terms and Conditions and Policy are subject to change at any time by us by posting them on our websites. It is your obligation to review the Terms and Conditions and Policy from time to time. Any changes to the Terms and Conditions or Policy will be effective immediately upon posting on our websites.
Your use of these website indicates your acceptance of these Terms and Conditions and the Policy. If you do not accept these Terms and Conditions or the Policy, you may not use this website. Your continued use of this website will constitute your agreement to the most current version of these Terms and Conditions and the Policy. If at any time you do not agree to these Terms and Conditions or the Policy, you must cease your use of this Site. If after reviewing the Terms and Conditions and Policy you have any questions or concerns regarding the contents thereof, please contact us by email to companypolicy@eyekandeeapparel.com
These Terms and Conditions govern your use of this website and the information and services made available on and through this website.
I. TERMINATION OF ACCESS
The use of this Site and its services is a privilege. We reserve the right to suspend your use of this Site for any reason at any time, in our sole discretion.
II. DEFINITIONS
For the purposes of these Terms and Conditions, the following definitions apply:
"Content" includes all Text, Graphics, Design and Programming used on this Site.
"Text" includes all text on every page of this Site, whether editorial, navigational, or instructional.
"Graphics" includes all logos, buttons, and other graphical elements on this Site, with the exception of paid advertising banners.
"Design" includes the color combinations and the page layout of this Site.
"Programming" includes both client-side code (HTML, JavaScript) and server-side code (PHP, databases) used on this Site.
"User" refers to any individual who uses any aspect of this Site or its services.
"You" refers to the person accessing this Site and agreeing to these Terms and Conditions.
III. INTELLECTUAL PROPERTY RIGHTS
All Contents on this Site is the sole property of EYE CANDY ENTERPRISE, as indicated, and is protected by Canada copyright and international treaties. Eye Candy Enterprises authorizes you to view and download a single copy of the Content on this Site solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on this Site, as well as any Graphics.
The "look" and "feel" of this Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Canada copyright law. All product names, names of services, trademarks and service marks ("Marks") are the property of Eye Candy Enterprises or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.
IV. ACCEPTABLE USE OF this Site
This Site and its services are intended to facilitate the offering for sale of clothing and products of third parties. This Site may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on this Site. The information displayed on this Site may not be used for any purpose except in connection with your direct use of this Site as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from this Site. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) this Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. Your use of this Site is also subject to the following restrictions:
a. You may not send unsolicited commercial email to Users. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;
b. You may not delete, edit or revise any material posted by any other person or entity. You may not copy, duplicate, download or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms and Conditions.
c. You may not interfere with the proper operation of this Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of this Site, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of this Site or the use of this Site by any Users.
V. LIMITATIONS ON INFORMATION SUBMITTED
Any submission of information to us through this Site is subject to the following guidelines and restrictions:
a. It may not contain URLs or links to any Internet Web sites (To advertise your company or Web site, contact our Sales department);
b. It may not contain copyrighted material (unless you own the copyright or have the owners permission to post the copyrighted material);
c. It may not contain trade secrets (unless you own them or have the owners permission to post them);
d. It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights;
e. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
f. It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
g. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
h. You may not solicit money, investments or make any offering of securities or investments;
i. You may not submit chain letters or pyramid schemes;
j. You may not submit opinions or notices, commercial or otherwise;
VI. MONITORING OF INFORMATION
We do not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to this Site. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, we may in our discretion review information submitted to this Site for any purpose whatsoever and we reserve the right, in our sole discretion, to reject any information submitted to this Site for any reason whatsoever.
VII. RIGHTS TO INFORMATION
User hereby grants to us an irrevocable, perpetual, worldwide right and license to use and display all information submitted by you, subject to our Privacy Policy.
VIII. SECURITY RULES
To ensure the security of this Site and of Users, the following security rules govern your use:
a. Protect Your Password
You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your registration, whether or not authorized by you. In the event you lose your password or become aware of misuse or unauthorized use of your password, it is your obligation to immediately notify us. We shall have no responsibility for loss or misused passwords or for unauthorized access occasioned by the foregoing.
b. Prohibited Uses:
(i) Accessing data not intended for you or logging into a server or account which you are not authorized to access;
(ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(iii) Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "mailbombing" or "crashing";
(iv) Sending unsolicited e-mail, including promotions and/or advertising of products or services;
(v) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violation of these security rules may result in civil or criminal liability in addition to the termination of your access rights. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
IX. TERMINATION OF ACCESS TO this Site
Users who violate these Terms and Conditions may be denied access to this Site at our sole discretion.
X. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
Your agreement to the following disclaimers and limitations are a material inducement for us to permit you to access this Site. Your use of this Site, and the obligations and liabilities of us in respect of your use of this Site, is expressly limited as follows:
a. Conduct of Users
We assume no responsibility for the activities or conduct of Users.
b. Third Party Information
This Site displays the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on this Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by us on behalf of any third party. In addition, we do not endorse, warrant or otherwise guarantee the substance of any information posted by Users or third parties on this Site. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party websites accessed from this Site. Access to third party websites from this Site is done at your own risk. We do not warranty any products purchased through this Site or purchased in reliance on information obtained from this Site. Warranties on purchased products, if any, are provided by the products manufacturer.
c. Accuracy of Information
We make no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by Users, or of any other form of communication engaged in or information exchanged by Users. Information on the Website may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by Users or on any other form of communication with Users will be at your own risk.
d. DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
e. Indemnification
You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms and Conditions.
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