Unique Vintage provides customers with unique clothing and accessories through an on-line shopping and purchasing store. You must carefully review the terms and conditions set out below (the "Terms") before you continue using the Unique Vintage Website for your vintage clothing needs. The Unique Vintage website is referred to as the "Website".
BY USING THE WEBSITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, YOU ARE STRICTLY PROHIBITED FROM USE OF THE WEBSITE AND SUBJECT TO CRIMINAL PROSECUTION AND CIVIL PENALTIES FOR UNAUTHORIZED USE.
This Website is owned and operated by Unique Vintage, Inc., a California corporation with its principal business address at 2013 W. Magnolia Blvd, Burbank CA, 91506.
Unique Vintage is also referred to in these Terms as "we" and "us."
Users of the Website are sometimes referred to in these Terms as "you."
Specific pages on the Website may set out additional terms and conditions, all of which are incorporated by reference into these Terms and condition. These Terms and conditions may be changed or updated at any time. The most updated version of the Terms and Conditions shall be as set out herein. In the case of inconsistencies between these Terms and Conditions and other information provided (for example, promotional materials and mailers), these Terms and Conditions shall control. Each time you use the website you should see if any updates to this Terms and Conditions has changed. Last update shall be indicated above.
By entering and using the Website and its services, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a legally binding contract between you and Unique Vintage. You agree that you will use the website in a manner consistent with these Terms and Conditions. If you have questions about these Terms and Conditions, please contact us at Katie Your use of the Website is entirely conditioned on and subject to your compliance with these Terms and Conditions. If you do not agree with these Terms and Conditions you are strictly prohibited from access or use of the Service.
You must be 18 years old to use the website and shop with Unique Vintage.
Section 1 and Section 3 of these Terms and Conditions govern all users of the Website and the fee based Service, including users who are not paying any fees. If you choose to use the Service, you will be asked to check a box to indicate that you have also read and agree to be bound by the additional provisions set out in Section 2 of these Terms, in addition to being bound by the provisions of Section 1.
Section 1: Usage Terms and Conditions Applying to All Users of the Website
A. Purpose of the Website
Unique Vintage' provides customers with an on-line based resource to purchase Unique Vintage Clothing. You shall not license, sublicense, sell, resell, transfer, assign, distribute, extract, copy, forward, duplicate or attempt to duplicate or otherwise commercially exploit or make available to any third party, the products of Unique Vintage without our permission.
B. Privacy Issues
All brand, product, and service names used in this Service which identify Unique Vintage or third parties and their products and services are proprietary materials of Unique Vintage and/or the relevant third parties. Nothing in this Service and its related Terms and Conditions shall be deemed to confer on any person any license or right from Unique Vintage or any third party with respect to any such image, logo or name.
Unique Vintage will use all reasonable efforts have availability of Website 24 hours a day, 7 days a week. However, there will be occasions when the Website will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment or other circumstances that are beyond the control of Unique Vintage. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of Unique Vintage. From time to time, and without notice to you, Unique Vintage may add or delete certain features or function from the Websitee we provide. You agree that Unique Vintage shall not be liable to you for any modification, suspension or discontinuation of the Website.
E. In connection with the Website and the information you provide. You further agree that you will not: (a) publish falsehoods or misrepresentations that could damage Unique Vintage or any third party; (b) impersonate another person. Unique Vintage does not endorse any product provided or any opinion, recommendation or advice expressed therein or any product or service offered for sale on the Website, and Unique Vintage expressly disclaims any and all liability in connection with such providers. Unique Vintage may suspend marketing of any product for any reason. Unique Vintage will not investigate allegations regarding any product but will, in its sole discretion, remove or restrict access to the product on the Website until all potential claims have been resolved.
You agree and acknowledge that Unique Vintage has no obligation to retain any product and may delete such product at any time.
F. Basic Copyright Policy and Reporting of Violations
Unique Vintage does not control the product content on the Website. Suppliers and users of this Website are solely responsible for complying with all international, federal and state laws applicable to such content, including copyright laws.
Unique Vintage obeys copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights which subjects you to criminal and civil penalties. As a condition to your use of your use of the Website, you agree that you will not use the Website to infringe the intellectual property rights of others in any way. Unique Vintage will terminate access to the Website by any users who are infringers of the copyrights, or other intellectual property rights, of others or if Unique Vintage believes that conduct of the user is harmful to the interests of Unique Vintage.
If you believe the copyright in any work has been violated through our Website, please contact Unique Vintage as set forth above. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by completing the following notice form and delivering it to the Designated Copyright Agent:
NOTICE OF ALLEGED INFRINGEMENT OF COPYRIGHT
1. Identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a representative list of the copyrighted works that you claim have been infringed via the Website:
2. Identification of the material that you claim is infringing (including sufficient information so that we may locate the material on the Website or Service, such as the URL where such material may be found on the Website):
3. Your street or mailing address, telephone number, and, if available, email address.
4. I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use).
5. I hereby state that the above information in this Notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright. Attach proof of such ownership.
6. Electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright:
Full legal name:_______________________________
All claims of copyright infringement should be delivered in writing to Unique Vintage's Designated Copyright Agent at the following contact information:
Designated Copyright Agent
Unique Vintage, Inc.
2013 W. Magnolia Blvd
Burbank CA, 91506
Voice: (818) 953-2877
Fax: (818) 953-5045
You are solely responsible for any copyright violations that may occur as a result of your use of the Website and will hold us harmless and indemnify us for fees.
G. External Links
From time to time, Unique Vintage may provide at the Website links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access such linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Unique Vintage is not liable for any loss or damage that you may suffer by using other websites.
H. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our own business discretion, without giving any prior notice to users of the Website.
I. Termination of Access to the Website
Unique Vintage may terminate your access to the Website at any time in the event that you fail to comply with the terms of this user agreement or act in some manner that is harmful to the Website or Unique Vintage. On the effective date of any such termination you shall immediately stop all use of the Website.
J. Claims, Controlling Law and Language
K. Export Controls
This Website and the Service use software and technology that may be subject to United States export controls. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This Website may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. Unique Vintage and its licensors make no representation that the Website is appropriate or available for use in other locations outside the United Stated. If you use the Website from outside the United States of America you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.
Unique Vintage may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Unique Vintage' account information, or by written communication sent by first class mail or pre-paid post to your address on record in Unique Vintage' account information. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Unique Vintage (such notice shall be deemed given when received by Unique Vintage) at any time by any of the following: letter sent by confirmed facsimile to Unique Vintage at the following fax number: (818) 953-5045; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Unique Vintage at the following address: Unique Vintage, Inc., 2013 W. Magnolia Blvd, Burbank CA, 91506 ; addressed to the attention of: Chief Financial Officer.
You agree not to use the Service:
1. for any unlawful purposes;
2. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
3. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Unique Vintage;
4. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website; and
6. to upload, post, email or otherwise transmit any Content which are likely to cause harm to Unique Vintage or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service.
You further agree that you shall not:
1. interfere with or disrupt (or attempt to interfere with or disrupt) this Website or servers or networks connected to this Website, or to disobey any requirements, procedures, policies or regulations of networks connected to this Website;
2. provide any information to Unique Vintage that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
3. use email from Unique Vintage to create spam emails to be sent from us.
N. Monitoring of Content
Unique Vintage does not control the content of user's accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content you provide to the Website.
O. Suspension and Termination of Access to the Website
You agree that Unique Vintage may at any time without notice:
1. move or suspend any part of the Website; or
2. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Unique Vintage' sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
P. Storage Policy
Unique Vintage may store your information for a set period of time. Once your information is deleted we will not be held responsible for such deletion. We may change this policy at any time, upon reasonable notice to you.
Section 2: Usage Terms
To use the Website you must register for the Website. Such users are referred to in this Section 2 as "Registrants." Registrants must be 18 years old or over. You agree that the information that you provide to us during registration and at all other times will be true, accurate, current and complete. You also agree that you will keep this information accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
When you register for the Website you will be asked to provide a password. You will be responsible for all activities that occur under your password, therefor you should keep your password confidential. You must notify Unique Vintage immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
C. Formation of a Binding Contract
No contract will exist between you and Unique Vintage with respect to Section 2 of these Terms unless and until Unique Vintage accepts your registration and order by a confirmatory e-mail, telephone conversation, or other appropriate means of communication and your payment information is verified.
D. Pricing, Billing and Payment
(1) The Website contains product that are available for sale and may have "Campaigns" or Sales. All listed prices are stated in U.S. dollars and are valid until altered by us. Prices do not include any applicable sales, use or excise taxes that Unique Vintage may be required to collect and remit. Any such taxes or charges shall be added by Unique Vintage to the total price you are charges. In the event that the published price for any product was incorrect, Unique Vintage will contact you to let you know the correct price and ask you whether you still wish Unique Vintage to fulfill your order at the correct price. You must provide Unique Vintage with valid credit card or approved purchase order information as a condition to signing up for the Campaign Service.
Section 3: General Terms and Conditions
A. Limited Warranty and Limitation of Liability
Unique Vintage warrants to you that the Website shall substantially conform to the description of Website. If the Website fails to so conform to those descriptions of the services, then Unique Vintage shall make commercially reasonable efforts to correct the services so that they so conform.
EXCEPT AS SET FORTH IN THE FIRST PARAGRAPH OF THIS SECTION 3(B), THE WEBSITE, AND ALL OTHER RELATED Unique Vintage PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITHOUT ANY OTHER WARRANTIES WHATSOEVER. ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, Unique Vintage DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS WEBSITE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE WEBSITE AND ALL OTHER RELATED PRODUCTS AND SERVICES, EVEN IF Unique Vintage HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ANY DISSATISFACTION WITH ANY PRODUCT WILL BE ADDRESSES IMMEDIATELY UPON FOLLOWING THE POSTED RETURN REQUIREMENTS.
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting: from any breach of these Terms; your access to and use of the Website;
C. No Waiver
These Terms constitute the entire agreement between Unique Vintage and you with respect to your use of the Website and the Services of Unique Vintage. Unique Vintage' failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
If you have any comments or questions about these Terms, the Website or our services, please contact us by email at Katie.
Copyright 2009. All rights reserved.
Last updated February 11, 2009
Our commitment to privacy
To protect your privacy we provide this statement to explain our information practices and to define your options for how your information is collected and used.
This policy applies to the www.unique-vintage.com website (the "Site"). The Site is owned and operated by Unique Vintage, Inc., a company incorporated under the laws of the State of California whose principal business address is Unique Vintage, Inc., 2013 W. Magnolia Blvd, Burbank CA, 91506.
Unique Vintage, Inc. is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build user's trust and confidence in the Internet by promoting the use of fair information practices. Because this Site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe
If you have questions or concerns regarding this policy, you should first contact our Privacy Officer at Katie. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with us to resolve your concerns.
The information we collect
This policy applies to all information collected on the Site and that information you provide to us by email, phone or in writing.
You provide personal information to us when you sign up to use the Service, order products, including the Service, and request information from us. The personal information we collect may include:
· User ID
· Mailing Address
· Email address
· Phone number
· Company Name
· Number of Employees
· Marketing Spend
· How you heard about us
· Credit/debit card information
· Items purchased
If you choose to post messages in our chatrooms, bulletin boards, product reviews, or other message areas, we collect the messages you post and use information you provide to improve this Site and our products and services, provide thorough customer service, and follow up on Site visitors who may be violating our policies or abusing our system. When you post messages, other Site visitors can also view them. We may also publish transcripts of archived chats. We urge you to exercise caution when providing personally identifiable financial or other information in the chatrooms, bulletin boards, product reviews or other message areas. Remember that any information you disclose in these areas becomes public information.
In addition to the personal information you supply, we automatically collect non-personal information to evaluate how visitors, guests, and members use the Site. We collect non-personal data to make the Site work better for you in the following ways: to improve the design of the Site, to provide personalization of the Site, and to evaluate the performance of our marketing programs. The technologies we use to gather this non-personal information may include "IP addresses", "cookies", "clear gifs", browser detection, and "weblogs". We explain how these technologies may be used in the next section, "How we use information".
How we use information
Our primary goal in collecting your information is to provide you with a personalized, relevant, and positive experience with this Site. We use the personal information you provide about yourself, for example, when placing an order for the Service. Unique Vintage will not sell, rent, or lease your personal information to others, except to the extent necessary to fulfill your order for the Service, to provide you with other services or as set forth in this policy.
We may combine personal data collected at this Site with other information you have provided us through other sources or with non-personal information that we automatically collected at this Site (as further described in this policy).
We use your email address to answer email we receive from you and to provide status updates for the Service. We will not share your email address with outside parties except as set forth in this policy.
You can register on this Site to receive promotions and updates on new products and services, or to be contacted for market research purposes. The contact information you submit will not be used for these purposes unless you specifically "opt-in". You can control your privacy preferences regarding such marketing communications (see the section below entitled "Your privacy preferences and "opting-out").
From time to time, you may be invited to participate in optional customer surveys or contests, and Unique Vintage may request that you provide some or all of the above listed personal information in those surveys or contests. We use information collected through contests to contact winners and award prizes. We also use information collected from surveys to learn about our customers in order to improve our services and develop new products and services of interest to our customers.
Unique Vintage uses "IP addresses", "cookies", "clear gifs", browser detection, and "weblogs" to provide a better experience on this Site and to give us useful business information. Third party technologies such as cookies may also be used for the same purposes.
IP addresses define the Internet location of computers and help us better understand the geographic distribution of our members and manage the performance of this Site. Cookies are tiny files placed onto the hard drive of your computer when you visit this Site, so we can immediately recognize you when you return to the Site and deliver content specific to your interests. You may modify your browser preferences to accept all cookies, be notified when a cookie is set, or reject all cookies. Please consult your browser instructions for information on how to modify your choices about cookies. If you modify your browser to reject certain or all cookies, you may not be able to use certain features of this Site.
We also use a technology called "clear gifs". Clear gifs are tiny graphics with unique identifiers that are used to track emails and online movements, helping us understand what marketing campaigns and content are effective.
We detect the type of web browser you are using to optimize the performance of this Site and to understand the mix of browsers used by our visitors, guests, and members. To learn about how people use our Site, we examine weblogs, which show the paths people take through our site and how long they spend in certain areas.
Unique Vintage may also contract with unaffiliated third parties to provide services for the Site, such as software for Site features, customer communications, sweepstakes and prize fulfillment, analyzing and evaluating the information we collect, and other services. When we do this, we may provide your personally identifiable information to third parties only to provide those services, and they are not authorized to use your personally identifiable information for any other purpose.
Our commitment to data security
Access to your data is limited to authorized Unique Vintage staff and vendors and restricted by password protection mechanisms. We process all Service orders on a secure server that encrypts all financial information through Secure Sockets Layer (SSL). Although total security does not exist on the Internet, Unique Vintage shall make commercially reasonable efforts to safeguard the information that you submit to Unique Vintage. We will not store your credit card information in our database unless you provide us such information for use with the Service. Credit card numbers are used for processing payments only and for no other purposes.
Use of Your Web Ads by Children
The products and services offered by Unique Vintage are not intended for use by children. Unique Vintage will not knowingly collect any personally identifiable information submitted by visitors to the site who are under the age of 18.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on this Site.
It is possible that we could decide to sell the business or assets associated with this Site or the Service. In any transaction of this kind, customer information, including your personally identifiable information, may be among the assets that are transferred. It is also possible that Unique Vintage would sell all or substantially all of its assets and business and in such case customer information, including your personally identifiable information, would almost certainly be among the assets that are transferred. If we sell our business or assets in one of these ways, you will be notified by a notice placed on this Site, by an email to your last known email address, as indicated in Unique Vintage' records, or by mail to your last known mailing address, as indicated in Unique Vintage' records.
This Site contains links to other websites. Unique Vintage is not responsible for the privacy practices of these other websites. We encourage you to be aware when you leave this Site, and to read the privacy statements of each web site that collects personally identifiable information. Some linked sites are co-branded with our trademarks and those of our business partners. They may have the look and feel of this Site, but the website address in your browser window will indicate that you are visiting a different website. This statement of privacy practices applies only to information collected by Unique Vintage at this Site.
How to contact us
Should you have questions or concerns, please contact via an email to Katie, or mail Unique Vintage, Inc., 2013 W. Magnolia Blvd, Burbank CA, 91505.