Terms and Conditions

 

Individuals who visit www.UpcycleMode.com  (hereinafter referred to as “website” or “site”) accept and agree to be bound by the Terms and Conditions outlined here including the Disclaimer and Privacy Policy posted on the website and incorporated herein by reference. 

The website maintains the right to amend or modify these terms and conditions at its discretion at any time without notice. Individuals who visit or use the site accept those amendments. 

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Age and Geographic Location of Visitors

All information, content, and material on this site is intended for individuals 18 years of age or older that reside in the United States. 

The website does not foresee offering products, services, or goods to individuals living in the  European Union as outlined in the General Protection Regulation (GDPR). The website nor its owner does not claim that the information, products, or services offered on the site are available or appropriate for use in other locations including but not limited to the European Union as outlined in the General Data Protection Regulation (GDPR). 

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All costume rentals are local as defined by owner.

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Privacy Policy 

The website is dedicated to respecting the privacy of its users personal information. The user’s acceptance and agreements of the site’s Privacy Policy is expressly incorporated into these Terms and Conditions. Please review the website’s Privacy Policy for more information.

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Disclaimer

The user’s acceptance and agreements of the site’s Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.

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Mandatory Arbitration and Governing Law  

Users and visitors of this site expressly waive their right to bring any legal claims, now or in the future, arising out of or related to the website and its products/services. In the event of any dispute, claim, or controversy arising out of or relating to a user or visitor’s use of the site, the terms and conditions shall be construed in accordance with the rules and regulations of the state of California and United States. Users and Visitors agree to consent and submit to the jurisdiction of the state and federal courts located in California without regard to the principles of conflict of law or where the parties are located at the time a dispute arises. Users and Visitors agree to resolve any disputes or claims first through mandatory arbitration in the state of California and shall bear the full cost of arbitration as permitted by law. A user’s good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. Individuals also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.

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Intellectual Property

All content on this website including (but not limited to) text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “content”) is owned by Eva Winger, Costume Take-Out LLC d.b.a. www.UpcycleMode.com and is protected by copyright, trademark, and other intellectual property and unfair competition laws. Users are granted a limited revocable license to print or download content from the website for their own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. Users agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent, or license any part of the content in any way to anyone, without the owner’s (Eva Winger, Costume Take-Out LLC d.b.a. www.UpcycleMode.com) prior written consent. Users agree to abide by the copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

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Please contact Eva WInger, upcyclemode@gmail.com for photo, copy permission.

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User Content and Lawful Use of the Website

For any content or information that users upload, display, post, transmit, send, email, or submit to the site, the site’s owner, or the social media accounts related to the website, users warrant that they are the owner of that content or have express permission from the owner of those intellectual property rights to use and distribute that content to the website or it’s owner. Permission is granted in written form from user to Costume Take-Out LLC d.b.a. www.UpcycleMode.com. Users grant the website and/or its owner, officers, employees, successors, shareholders, joint venture partners, or anyone else working with the site a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify the user, publish, post, reformat, copy, distribute, display, edit, and reproduce any content provided by the user on the website and on any of the site’s social media accounts for any purpose. Users shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that user provide to the site.

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Users agree not to upload, display, post, transmit, distribute, send, email, or submit to the site, its owner(s), or the site’s social media accounts any information or content that is (a) illegal, violates or infringes upon the rights of others, (b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening, (c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability, or otherwise violate any law, (d) distribute material including (but not limited to) spyware, computer virus(es), any kind of malicious computer software, or any other harmful information that is actionable by law, (e) any attempts to gain unauthorized access to any portion or feature of the website, and (f) send unsolicited or unauthorized material or cause disruption in the operation of the website. Users agree to use the website for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions.

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Third Party Links 

This website may contain links to third party websites or resources for the convenience of its users. The site may serve as an affiliate for some of these third party websites by offering or advertising their products or services on the website; however, the site does not own or control said third parties. Users who leave this website via a third party link are no longer bound by this site’s terms and conditions and should consult the third party regarding its terms and conditions.  Users agree that the site nor its owner is not responsible or liable for the accuracy, content, or any information presented on these third party websites. Users assume all risks for using third party websites or resources, and any transactions between the user and the third party websites are strictly between the user and the third party. The website nor its owner shall not be be liable for any damages resulting from the user’s use of these third party websites or resources.

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Termination 

The website owner reserves their right, at their discretion, to refuse, remove, restrict a user’s access, revoke and terminate an individual’s use of the website including any or all content published by the user or the website at at any time for any reason without notice.

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Refunds 

Costume Take-Out LLC d.b.a. www.UpcycleMode.com does not sell any products.  Measures to ameliorate concern will be addressed with customer. Any sales made from affiliates, are not reflective of Costume Take-Out LLC's refund policies and those grievances to be taken up with 3rd party affliates. Costume Take-Out LLC d.b.a. www.UpcycleMode.com is NOT responsible for your transaction with 3rd party sellers.

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No Warranties 

All content, information, products, and/or services on the website are “as is” and “as available” without any representations or warranties of any kind including the warranties of merchantability or fitness for any purpose expressed or implied to the full extent permissible by law. The website makes no representations or warranties as to the content, information, materials, products, and/or services provided on the site. The website makes no warranties that the website will perform or operate to meet a user’s requirements or that the information presented here will be complete, current, or error-free. The website  disclaims all warranties, implied or expressed for any purpose to the full extent permitted by law. 

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Liability Limitations

Users agree that under no circumstances, the site and/or its owner(s), officer(s) employee(es), successor(s), shareholder(s), joint venture partner(s) or anyone else working with the site shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary, or any other damages resulting from their use of this website including (but not limited to) all the content, information, products, services and graphics presented here.

Users expressly agree that their use of the website is at their sole risk and that they are solely responsible for the accuracy of the personal and any information they provide, outcome of their  actions, personal and business results, and for all other use in connection with the website.

Users also expressly agree that the site, and/or its owner(s), officer(s) employee(es), successor(s), shareholder(s), joint venture partner(s) or anyone else working with the site shall not be liable to them for  for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and their use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of the user’s information from the website regardless of the site’s negligence; and 4) any use or misuse of the information, products and/or services offered on the site. 

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort, or any other legal theory of liability. Users agree that the website provide no express or implied guarantees to the user for the content presented here, and they accept that no particular results are being promised to them on the site.

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Indemnification 

Users agree to indemnify and hold the website and/or its owner(s), officer(s) employee(es), successor(s), shareholder(s), joint venture partner(s) or anyone else working with the site harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“liabilities”) assessed against or otherwise incurred by said user arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by the user, their agents, directors, officers, employees or representatives; (b) all the user’s actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by the user; or (d) violation of any terms and conditions of this website by user or anyone related to the user; e) infringement by the user or any other user of the user’s account of any intellectual property or other rights of anyone. The website will notify the user promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at the user’s expense. The user shall fully cooperate and provide assistance to the site if requested, without any cost, to defend any such claims.

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Entire Agreement 

These Terms and Conditions along with the Privacy Policy and Disclaimer constitutes the entire agreement between the user and the website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals  the site may have had with the user whether electronic, oral, or written.

A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

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Severability

If any provision in these Terms and Conditions is deemed by a court, regulatory authority, or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

For any questions or comments, please send an email to Eva Winger, upcyclemode@gmail.com