KITSY LANE TERMS OF USE


EFFECTIVE MARCH 1, 2012


Thanks for visiting Kitsy Lane and using our services. This website and its mobile applications (together, the “Site”) are owned and operated by Kitsy Lane, Inc. ("Kitsy Lane," "we," "us," or "our").

By using our Site, you are agreeing to these Terms of Use. Please read them carefully.

These terms may be changed from time to time, and it is your responsibility to review these terms regularly to keep abreast of any changes. Changes will become effective as of the date listed in the posting, and we will make every effort to post changes at least 2 weeks before their effective date. Your further use of the Site past the effective date shall indicate your consent to such changes.

There may be additional terms and conditions that apply to particular services offered on the Site, such as product purchases, sweepstakes entries, subscriptions, or other features. Any such terms are in addition to these Terms of Use and, in the event of a conflict, prevail over these Terms of Use.

 

USING OUR SITE

We reserve the right to revoke your right to use any portion or all of the Site at any time, for reasons including:

  • conducting or promoting any illegal activities while using the Site;
  • violating or attempting to violate the security or correct functioning of the Site in any way, including spamming, hacking, uploading malicious code, or attempting to gain access to portions of the Site that you do not have rights to;
  • using the Site to generate or send out unsolicited email advertisements or spam;
  • using any high volume process to access, search, harvest, or “screen scrape” information from the Site;
  • impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity;
  • otherwise exploiting the Site’s content or services for purposes which we did not intend.

If you choose to provide any information or fill out any forms on the Site, you agree to (1) provide true, accurate, current, and complete information; and (2) maintain and promptly update the information you provide to Kitsy Lane in order to keep your profile true, accurate, current, and complete.

Using our Site does not give you ownership of any intellectual property rights in any services or content you access. You may not use content from our Site unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Site. Do not remove, obscure, or alter any legal notices displayed in our Site.

Our Site may display links to third-party websites. We have not reviewed all such third-party sites (if any) and are not responsible for the content and services they may provide. We do not endorse or make any representations about such websites.

Kitsy Lane may change the Site content or features at any time, in any way, for any reason, at our discretion.

 

INTERNATIONAL

At this time, the Site is intended for viewing and use in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws. At this time, we only deliver products to U.S. addresses. In addition, in order to sign up as a Boutique Owner, you must be a U.S. citizen with a valid U.S. mailing address.

 

KITSY LANE ACCOUNTS

Some services on this Site require you to create an account with a password to access them. This section applies to all types of accounts on our Site, including customer accounts and Boutique Owner accounts (which are covered in further detail in the Boutique Owner Accounts section below). In order to create an account:

  • You must be 18 years or older.
  • You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration processes.
  • You shall not impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity, including using another person’s name, photograph, username, or password.

It is your responsibility to safeguard your password, and you are responsible for all activities that occur under your account. Do not share your login details with others. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site. Kitsy Lane will not be responsible for any loss that arises from use of your account or from your failure to comply with these provisions.

By registering, you agree that Kitsy Lane and/or your Boutique Owner may send you administrative messages, promotions, and other information via email. You may opt out of any promotional communications sent by or through our Site.

Kitsy Lane, in its sole discretion, may suspend or terminate your account and your ability to use the Site or any portion thereof for failure to comply with these Terms of Use, or for any other reason whatsoever.

 

USER CONTRIBUTIONS

Our Site includes features for users to upload, display, or transmit content (text, images, video, email, and the like) they provide (“User Contributions”). This includes, for example, users posting reviews of a product, or a Boutique Owner sending messages/emails to customers.

If you upload or submit any User Contributions to or through this Site, you grant us and our affiliates a non-exclusive, royalty-free, irrevocable right to use, publish, modify, translate, and distribute such User Contributions and the names identified on the User Contributions throughout the world in any media for any and all commercial and non-commercial purposes. You waive all rights to any claim against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such User Contributions.

Generally, we ask that all User Contributions follow common sense and common courtesy. You agree not to upload or submit any User Contribution that:

  • is libelous, defamatory, abusive, bigoted, violent, obscene, or pornographic;
  • could give rise to any civil or criminal liability under the law, or encourages illegal activity;
  • infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
  • is commercial or solicits others in any way that does not relate directly to the sale of products and services sold through Kitsy Lane;
  • contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network;
  • or does not generally pertain to the designated topic or theme of the relevant forum.

Kitsy Lane has no obligation to monitor User Contributions and assumes no responsibility or liability relating to any such content. However, Kitsy Lane has the right, in its sole discretion, to edit, refuse to post, or remove any User Contributions submitted to or posted on the Site.

 

ORDERING PRODUCTS

Prices and availability of products on the Site are subject to change without notice. We strive to be as accurate as possible; however, it is always possible that some products listed on the Site may be incorrectly priced. If a product’s actual price is higher than the price stated on the Site, Kitsy Lane will, at our discretion, either contact you for instructions before completing the order and delivering the product, or we will cancel the order and notify you. Kitsy Lane is under no obligation to provide the product to you at the incorrect (lower) price, even if we have sent you an Order Confirmation or a Shipping Confirmation.

Kitsy Lane will always make our best efforts to deliver the products you have ordered. On rare occasion, products may be delayed or we may be unable to fulfill an order. Under such circumstances, Kitsy Lane may cancel your order without penalty, even if we have sent you an Order Confirmation. You will be refunded any relevant charges in such situations.

 

BOUTIQUE OWNER ACCOUNTS

Kitsy Lane provides the opportunity for those who sign up as Kitsy Lane Boutique Owners to earn an income through commissions on items sold through their Kitsy Lane boutiques.

Commissions are calculated based on the sale prices of items sold, minus any discounts or promotions applied. Shipping and sales tax are not included in the calculation. There are certain items or sales where commissions may not apply. If an item is returned, the Boutique Owner does not earn a commission on that item; if the Boutique Owner has already received a commission on this item, the commission amount will be deducted from their next commission payment.

In addition to earning commissions on items sold through their own Kitsy Lane boutiques, Boutique Owners may also earn commissions on items sold through Boutique Owners they have directly recruited to Kitsy Lane (“Downlines”). Boutique Owners additionally earn 15% of the commissions earned by each of their first-level Downlines. They do not earn commission for Boutique Owners recruited by their Downlines (ie, second or third-level Downlines).

Commissions are generally paid within 60 days after the item’s return period has expired. In order to receive commission payment, a Boutique Owner must have a Boutique Owner account in good standing. Kitsy Lane reserves the right, in its reasonable discretion, to suspend any Boutique Owner account, either fully or partially, at any time, for reasons including but not limited to:

  • the Boutique Owner has spammed other users to promote their boutique - this includes sending unsolicited emails to people they do not personally know, whether through our Site or through another email service, or spamming message boards and forums on other websites;
  • the Boutique Owner has stopped actively managing their boutique and/or has neglected or alienated their customers;
  • the Boutique Owner is operating more than 5 Kitsy Lane boutiques (currently each boutique is limited to 500 registered customers);
  • or the Boutique Owner has otherwise violated these Terms of Service or other terms and conditions as they apply to specific features of this Site.

Partial account suspensions may mean: (1) suspension of the availability of any boutique, (2) suspension of certain features in the account such as the ability to send emails or social media messages through the Site, (3) removal of Downlines, and/or (4) forfeiture of some or all outstanding commissions.

 

PRIVACY

Kitsy Lane respects your privacy and the privacy of other visitors to the Site. To learn about our privacy practices and policies, please see our Privacy Policy. By using our Site, you expressly consent to the terms and conditions of the Privacy Policy.

 

COPYRIGHT

All information, materials, functions and other content (including User Contributions as defined above) provided on this Site is our property or the property of our licensors and is protected by U.S. and international copyright laws. The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by U.S. and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.

 

TRADEMARKS

Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Site are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

 

ELECTRONIC COMMUNICATIONS

You hereby consent to receive electronically any communications related to your use of this Site. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Kitsy Lane intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide and maintain in your Kitsy Lane account.

 

DISCLAIMER OF WARRANTIES

ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITIES

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

GOVERNING LAW, JURISDICTION, AND VENUE

This Site is created and controlled by us in the State of Massachusetts. The laws of the State of Massachusetts govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Site shall be filed, and that venue properly lies, only in the State or Federal courts located in the State of Massachusetts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 

GENERAL PROVISIONS

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

COPYRIGHT VIOLATIONS

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site or Services;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our copyright agent for notice of claims of copyright infringement on the Site can be reached by email at legal@kitsylane.com.

 

CONTACTING US

You may contact us regarding these Terms of Use or the Site by any of the following methods:

MAIL: Kitsy Lane, Inc., 115 Kingston, 3rd Floor, Boston, MA 02111
EMAIL: legal@kitsylane.com

Kitsy Lane
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