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These terms are effective as of February 13, 2015.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using Marley’s Online Boutique Site, you agree to be bound by these Terms and certify that you are above the age of majority in your jurisdiction. If you disagree with any part of the terms then you do not have permission to access the Service.
USE OF THE MARLEY’S ONLINE BOUTIQUE SITE
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide on Marley’s Online Boutique Site is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Marley’s Online Boutique Site.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Marley’s Online Boutique allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Marley’s Online Boutique Site (“Content”). Content should be written in English.
By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.
License Grant for Submitted Content
If you make any submission to the Marley’s Online Boutique Site, you automatically grant, or warrant that the owner of such content has expressly granted Marley’s Online Boutique, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Marley’s Online Boutique may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. Marley’s Online Boutique is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; (3) to respond to any user Content. You grant Marley’s Online Boutique the right to use the name that you submit in connection with any Content.
You represent and warrant that you will not submit the following Content:
Although Marley’s Online Boutique cannot monitor all Content, you understand that Marley’s Online Boutique shall have the right, but not the obligation, to monitor the Content of the Marley’s Online Boutique Site to determine compliance with this Agreement and any other operating rules that may be established by Marley’s Online Boutique from time to time. Marley’s Online Boutique shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Marley’s Online Boutique Site for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify Marley’s Online Boutique and its affiliates for all claims resulting from any Content you submit.
LINKS TO OTHER WEB SITES / THIRD PARTY SITES
Marley’s Online Boutique may contain links to third party web sites or services that are not owned or controlled by Marley's Online Boutique.
Marley's Online Boutique has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Marley's Online Boutique shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
If you wish to purchase any product made available through the Marley’s Online Boutique Site ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Marley’s Online Boutique cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Marley’s Online Boutique Site. Marley’s Online Boutique reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Marley’s Online Boutique. Marley’s Online Boutique may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
SHIPPING AND DELIVERY
Delivery times are determined based on the method of shipping and the destination chosen when items are purchased. Ground shipping carriers that we may use at our discretion include U.S. Postal and FedEx. Please see Payment and Shipping Policy for more details.
AVAILABILITY, ERRORS AND INACCURACIES
Marley’s Online Boutique is constantly updating without limitation, merchandise information, product description, reviews and comments. The Materials that appear on the Marley’s Online Boutique Site are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Products may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Marley’s Online Boutique Site.
Before you act on information you have found on the Marley’s Online Boutique Site, you should confirm any facts that are important to your decision. Marley’s Online Boutique and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Marley’s Online Boutique Site.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
MARLEY’S ONLINE BOUTIQUE, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASE ON THE MATERIALS LOCATED ON ANY OF THE MARLEY’S ONLINE BOUTIQUE SITE.
You acknowledge that some goods sold on the Marley’s Online Boutique Site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) are owned, controlled or licensed by Marley’s Online Boutique, one of its affiliates or by third parties who have licensed their materials to Marley’s Online Boutique and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Marley’s Online Boutique Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Marley’s Online Boutique Site or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Marley’s Online Boutique Site or any related software. All software used on the Marley’s Online Boutique Site is the property of Marley’s Online Boutique or its suppliers and protected by U.S. and international copyright laws. The IP and software on the Marley’s Online Boutique Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Marley’s Online Boutique Site is the exclusive property of Marley’s Online Boutique and is also protected by U.S. and international copyright laws.
Marley’s Online Boutique name and logo, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Marley’s Online Boutique Site are trademarks or trade dress of Marley’s Online Boutique in the U.S. and other countries. All other marks are the property of their respective companies.
© 2014 Marley’s Online Boutique. All Rights Reserved.
We have made significant efforts to accurately display the colors of products that appear on the Marley’s Online Boutique Site. However, as the actual colors you see will depend on you monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish.
You agree to defend, indemnify and hold harmless Marley's Online Boutique and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (1) your use and access of the Marley’s Online Boutique Site, by you or any person using your account and password, or (2) a breach of these Terms.
This Agreement is effective unless and until terminated by either you or Marley’s Online Boutique. We may terminate or suspend your account and bar access to the Marley’s Online Boutique Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
This Site is provided by Marley’s Online Boutique on an “AS IS” and “AS AVAILABLE” basis. Marley’s Online Boutique makes no representations or warranties of any kind, express or implied, as to the operation of the Marley’s Online Boutique Site or the information, content, materials, or products included on the Marley’s Online Boutique Site. To the full extent permissible by applicable law, Marley’s Online Boutique disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Marley’s Online Boutique disclaims any and all warranties, express or implied, for any merchandise offered on the Marley’s Online Boutique Site. You acknowledge, by your use of the Marley’s Online Boutique Site, that your use of the Marley’s Online Boutique Site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how LONG IMPLIED WARRANTY LASTS, so the foregoing limitations may not apply to you.
Marley's Online Boutique its subsidiaries, affiliates, and its licensors do not warrant that (1) the Marley’s Online Boutique Site will function uninterrupted, secure or available at any particular time or location; (2) any errors or defects will be corrected; (3) the Marley’s Online Boutique Site is free of viruses or other harmful components; or (4) the results of using the Marley’s Online Boutique Site will meet your requirements.
Limitation Of Liability
This Agreement represents the complete Agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Marley’s Online Boutique to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Marley’s Online Boutique’s rights with respect to such breach or any subsequent law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Marley’s Online Boutique Site must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use Marley’s Online Boutique Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.