Effective Date: November 30, 2016
Last Updated: November 30, 2016
Saintly Corp. d/b/a Custom Consortium (“Custom Consortium,” “our, “us” or “we”) grants you access to and use of our retail website, located at https://shopconsortium.com/, which connects customizable fashion and luxury brands (each a “Brand”) with consumers who are interested in discovering, experiencing, designing and potentially ordering customizable goods (the “Website”) and any services that we may make available to you via your mobile devices (the “Mobile Services”).
3. Compliance with Applicable Laws
You must comply with all laws that are applicable to your access to and use of the Website, the Content and any orders that you place through the Website.
4. Permitted Use; Intellectual Property
You may display and, subject to any expressly stated restrictions or limitations relating to specific Content, electronically copy, download and print hard copy portions of the Content solely for your personal and non-commercial use. Any other use of the Content, including the modification, reproduction, distribution, republication, display or transmission of the Content, without Custom Consortium’s prior written permission is strictly prohibited.
All trademarks, service marks, trade names and trade dress, whether registered or unregistered, that appear on the Website (collectively, the “Marks”) are proprietary to Custom Consortium and our licensors. You must not remove or otherwise modify any trademark notices from the Content and you may only use the Marks with Custom Consortium’s prior written consent. Any use of the Marks that we approve must not be in a manner that is likely to cause confusion or disparage or discredit Custom Consortium, our licensors or the Website.
5. Procedure for Making Claims of Copyright Infringement
Custom Consortium respects the intellectual property rights of others and we ask you to do the same. Pursuant to 17 U.S.C. Section 512(c)(2), notifications of alleged copyright infringement should be sent to the Website’s designated agent in accordance with the procedure below. ANY NOTIFICATIONS NOT COMPLYING WITH THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.
Custom Consortium will process and investigate notifications of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying with the procedure below, Custom Consortium will act to remove or disable access to any Content found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your copyright-protected work has been copied in a way that constitutes copyright infringement, please notify Custom Consortium by sending an email with the following information to Admin@CustomConsortium.com:
- your physical or electronic signature or the physical or electronic signature of a person who is authorized to act on your behalf;
- a description of the copyright-protected work that you claim has been infringed;
- a description of the Content that you claim is infringing, including where it is located on the Website;
- your address, telephone number and email address and all other information reasonably sufficient to permit Custom Consortium to contact you;
- a statement that you have not authorized the use of your copyright-protected work or, if a person is acting on your behalf, a statement by such person that he or she has a good faith belief that the disputed use is not authorized by you, your agent or the law;
- a statement, made under penalty of perjury, that you are the exclusive owner of the copyright-protected work or, if a person is acting on your behalf, a statement, made under penalty of perjury, that such person is authorized to act on behalf of the owner of the exclusive copyright that allegedly has been infringed; and
- a statement that the information in the notice is accurate.
6. Access and User Accounts
7. Third-Party Websites
8. Social Media Accounts
9. Brand Policies
Each order that you place through the Website will be subject to the applicable Brand’s policies, including that Brand’s policies regarding the production of its customizable goods, shipping rates and times and returns. We will make all such policies available to you for review and acceptance prior to placing an order.
If you submit any suggestions or materials, including any ideas, comments or the like, to Custom Consortium through the Website (collectively, “Submissions”), such Submissions will be treated as non-confidential and non-proprietary and Custom Consortium is free to use such Submissions for any purpose, including to develop, manufacture and market products and services using such Submissions and to edit, alter, broadcast, post, publish, copy, disclose, distribute, incorporate and otherwise use such Submissions on the Website and on any other websites owned or operated by Custom Consortium as well as at brick and mortar store locations owned or operated by Custom Consortium without limitation and without compensating you. Furthermore, by submitting Submissions, you are giving up all intellectual property rights you have therein, including any moral, publicity and privacy rights.
11. Prices, Orders and Process
Customers will design products on the website. Every brand will demonstrate its product and price in a slightly different way. The website’s configurators are not photo-realistic, and final products may be different than these digital representations. Customers will refer to brand imagery throughout the website for a more detailed understating of materials and options.
Once the customer orders the product, CC will then send the order to the brand. The brand will then produce and ship their product directly the customer, according to the policies that are stated on the website.
12. Policy Overrides
In certain scenarios, a brand’s policies can be overridden by Custom Consortium’s policies.
13. Communication Remains Between Custom Consortium and You
Any communications arising from the sales and support process of a Custom Consortium product must remain between those parties, and the brand where necessary, but only at Custom Consortium’s discretion. The customer is not to communicate directly with the brand, and must only do so via Custom Consortium.
14. Disclaimers and Limitation of Liability
The Website and the Content are not intended for anyone under the age of thirteen. Accordingly, we do not filter advertisements or other Content that such individuals may view through the Website.
THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS.” THE CUSTOMIZABLE GOODS SOLD THROUGH THE WEBSITE ARE SUBJECT SOLELY TO THE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOM CONSORTIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, THE CONTENT AND THE CUSTOMIZABLE GOODS SOLD THROUGH THE WEBSITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CUSTOM CONSORTIUM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR SECURE FROM UNAUTHORIZED ACCESS OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR SECURE FROM UNAUTHORIZED ACCESS. CUSTOM CONSORTIUM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE CONTENT IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO EVENT WILL CUSTOM CONSORTIUM OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF CUSTOM CONSORTIUM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY CUSTOMIZABLE GOODS SOLD THROUGH THE WEBSITE, ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, UNAVAILABILITY OF THE WEBSITE OR THE CONTENT OR NONPERFORMANCE OF THE WEBSITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL CUSTOM CONSORTIUM’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE EXCEED TEN DOLLARS ($10). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES MAY NOT APPLY TO YOU.
15. Mobile Services
[If you elect to access or use any of the Mobile Services, Custom Consortium may send messages to your mobile device and Custom Consortium may receive certain information about your usage of the Mobile Services.]
17. Governing Law
18. Modifications to the Website
Custom Consortium reserves the right to modify, suspend or discontinue the Website, in whole or in part, at any time without notice to you.
Custom Consortium may provide notice to you hereunder by posting announcements on the Website.