Welcome to the Custom4ufashion website (www.custom4ufashion.com), hosted by Custom4ufashion Inc. (hereafter also referred to as “Custom4ufashion” “we” and “us”). Please review the following terms and conditions concerning your use of and access to the Custom4ufashion website located at custom4ufashion.com (including any affiliated sub-domain and mobile applications and sites) and any services offered therefrom (including, without limitation, the distribution, sale or offer of goods for sale) (collectively referred to hereafter as, the “Website”). By accessing, using, subscribing, purchasing, or downloading any goods, materials, or content from the Website, you agree to follow and be bound by the following terms and conditions (the “Terms & Conditions”) and any other terms and conditions embodied in any other agreements you enter into with us. If you do not agree with the Terms & Conditions, you may not use the Website.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
These Terms & Conditions apply to ALL transactions made on or through the Website. This Agreement is governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this Agreement by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax, by accessing the Website, or purchasing any goods through the Website, whether you have read these terms or not. You should print a copy of this Agreement for your personal records.
We reserve the right to change the Terms & Conditions at any time by posting an updated version to this web page to reflect those changes. Changes to the Terms & Conditions may arise for a variety of reasons, including without limitation, changes in market conditions affecting our business, technology, or business model, relevant laws and regulatory requirements, and our systems.
You agree to periodically review the Terms & Conditions from time to time to take notice of any changes we make, as they are binding on you. Continued access or use of our site shall be deemed conclusive evidence of your acceptance of any modified terms or conditions.
Limited License to Use the Website/Service and Related Restrictions
Subject to and conditional upon your compliance with the Terms & Conditions and other agreements between you and Custom4ufashion (including any payment terms), Custom4ufashion hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to use certain software applications and platforms accessible through the Website/Service (collectively, “Custom4ufashion Software”). Custom4ufashion reserves all other rights in Custom4ufashion Software not expressly granted to you in the Terms. You may not use Custom4ufashion Software in any manner that could: (i) damage, disable, overburden, or impair the software application or platform (or any server or networks connected thereto), or (ii) interfere with any third party's use and/or enjoyment of the software application or platform (or any server or networks connected thereto).
Except as expressly specified in the Terms & Conditions, you may not: (a) copy or modify the Custom4ufashion Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute Custom4ufashion Software to any third party; or (c) use the Custom4ufashion Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms & Conditions. You acknowledge and agree that portions of the Custom4ufashion Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Custom4ufashion and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Custom4ufashion Software provided in object code or any other Custom4ufashion products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
Subject to your compliance with these Terms & Conditions, Custom4ufashion grants you a limited non-exclusive, non-transferable license to use the Custom4ufashion mobile application and to access the Custom4ufashion Website via a single mobile device or computer that you own or control and to run such copy of Custom4ufashion mobile application solely for your own personal use.
You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Custom4ufashion mobile application in any way; (ii) modify or make derivative works based upon the Website or Custom4ufashion mobile application; (iii) create Internet “links” to the Website or “frame” or “mirror” the Custom4ufashion mobile application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Custom4ufashion mobile application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Website or Custom4ufashion mobile application, or (c) copy any ideas, features, functions or graphics of the Website or Custom4ufashion mobile application; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website or Custom4ufashion mobile application.
In order to utilize certain services offered by the Website, you may need to create a customer account. You agree to: (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your computer; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to the Website or your account; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
By creating a customer account, you consent to receive electronic communications from Custom4ufashion either in the form of email sent to you at the email address listed on your account or by communications posted on the Website. You acknowledge and agree that any electronic communication in the form of such email or posting on the Website shall satisfy any legal requirement that such communication be in writing.
All product sales from the Website are governed by any terms of sale that may be posted on the Website. Prices and offers are subject to change. You should refer to our terms of sale to learn more about our return policy, and shipping terms located at FAQs. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Custom4ufashion’s sole discretion, so you should review the terms of sale each time you make a purchase. Additional information may be found in our online shopping sections of the Website.
We accept the following bank or credit cards: Visa, MasterCard, American Express, and Discover. For your convenience, we will save your bank or credit card information. You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement. The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier.
In connection with the sales of goods, the Website collects and remits sales tax as required by applicable law.
We have made every effort to display as accurately as possible the colors of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
We attempt to ensure that information on the Website is complete, accurate, and current. Despite our efforts, certain information on the Website may be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on our site. We reserve the right to amend the Website/Service without warning. Unless otherwise agreed to by us in writing, all features, content, specifications, products, services, and, as applicable, prices of products and services described or depicted on the Website are subject to change at any time without notice.
By creating an account with us, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account information (including without limitation, username and password). You must treat your username and password, and any other security details, as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account. In addition, you must: (a) log off from your account at the end of each session on our site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security. You agree to accept responsibility for all activities that occur under your account.
We have the right to suspend or close any account with us and block your use of our site if you have failed to comply with any part of the Terms & Conditions (as determined by us in our sole discretion). You understand that your account is individual to you and/or your organization, and we may suspend or close your account if you attempt to transfer or use your account to/for another person or organization. You are responsible for ensuring that any and all persons you authorize to use your account with us are aware of the Terms & Conditions, and that they fully comply with them. We reserve the right to refuse to provide access to the Website or to provide the Service, to any person or organization for any reason. It is your obligation to comply with all applicable state, federal and international laws.
In consideration of being allowed to use the Website, you agree that the following actions shall constitute a material breach of these Terms & Conditions:
Collecting information about the Website, users of our Website or Services without our written consent;
Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering, or changing any content or information contained on the Website, without our written consent.
Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
Accessing or using the Website for competitive purposes;
Disguising the origin of information transmitted to, from, or through the Website;
Impersonating another person or representative of an organization;
Distributing viruses or other harmful computer code;
Allowing any other person or entity to impersonate you to access or use the Website;
Using the Website or Services for any purpose in violation of local, state, national, international laws or regulations;
Using the Website or Services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; and
Circumventing any measures implemented by us aimed at preventing violations of the Terms & Conditions.
You must be at least 18 years old and capable of forming legally binding contracts under applicable laws in your jurisdiction to use the Website or Service. We do not accept users who are under the age of 18 or the age of majority in his/her relevant jurisdiction. By using the Website or Service or submitting any inquiries, orders, or information to us, you represent and affirm that you are at least 18 years old or the age of majority in your jurisdiction.
The Website may contain links to other websites which may be of interest to you. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by us. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. We do not accept responsibility for those sites. Accessing any such links from our site to gain access to other websites is at your own risk.
Except where expressly stated otherwise, Custom4ufashion or its licensors, including without limitation, Custom4ufashion Inc., is the owner or the licensee of all intellectual property rights located on the Website, in the materials published or otherwise made available on the Website and through the Service. Those works, marks or inventions are protected by copyright, patent and trademark laws and treaties around the world and may not be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted, and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, unless expressly permitted by us. Except where expressly provided otherwise by us, nothing on our site may be construed to confer any license or ownership right in or materials published or otherwise made available through our site or our services, whether by estoppel, implication, or otherwise. All rights not granted to you in these terms are reserved.
Custom4ufashion respects the intellectual property rights of others. All users of the Website represent and warrant they shall comply with all applicable copyright and trademark laws. In the event we receive proper notification of claimed copyright or trademark infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our Website and Services. If you believe any material on the Website constitutes an infringement of a copyright or trademark you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or trademark holder, or if copyright and trademark laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense.
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Website. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Website, or items advertised on the Website, by our Associates. If you believe that your rights under intellectual property laws are being violated by any content posted on or transmitted through the Website, or items advertised on the Website, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Website.
In order for us to investigate any claim of copyright or trademark infringement, you must provide us with the following information, transmitted by fax, email, or regular mail, setting forth the following:
(i) a physical or electronic signature of the copyright or trademark owner or a person authorized to act on their behalf;
(ii) detailed identification of the copyrighted work or trademark claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) your contact information, including your address, telephone number, and an email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Copyright or Trademark Infringement Notifications should be addressed as follows:
Except where provided for in a separate agreement with CUSTOM4UFASHION, no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms & Conditions. Without limiting the foregoing, except as expressly set forth herein, Custom4ufashion is not acting and does not act as an agent for any user or visitor of the Website or Service.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE WEBSITE AND SERVICE ARE PROVIDED “AS IS,” AND ARE FOR USE SOLELY AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH THEREIN, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE AND SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. WE MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR SERVICE AND/OR MATERIALS ASSOCIATED WITH OR GOODS OFFERED VIA THE WEBSITE OR SERVICE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF GOODS, SERVICES, INFORMATION, OR OTHER MATERIALS YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE PRODUCTS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE WEBSITE OR SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE, SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CUSTOM4UFASHION, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $500.00. IN NO EVENT SHALL Custom4ufashion OR THE THIRD PARTY PROVIDERS, INCLUDING Custom4ufashion INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS & CONDITIONS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICE THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION.”
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CUSTOM4UFASHION INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING, BUT NOT LIMITED TO ALL ATTORNEYS’ FEES CHARGED TO CUSTOM4UFASHION INC. OR ITS AFFILIATED PERSON/ENTITIES, RESULTING FROM ANY VIOLATION OF THE TERMS & CONDITIONS BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE OR SERVICE ON YOUR BEHALF.
In the event of a conflict or contradiction between these Terms & Conditions and any others that relate specifically to a particular section of the Website, the specific terms relevant to that section shall prevail.
We offer the professional team to help you resolve a complaint or Dispute (as defined below) that you may have with Custom4ufashion, any goods sold via the Website, or use of this Website. Please contact with us , firstname.lastname@example.org
Any and all rights not expressly granted herein are reserved by Custom4ufashion.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the Website. You may contact us at: email@example.com