Introduction
Welcome to the Daniel Rainn® Tops, Dress, Clothing, Blouse website (the “Site”). This Site is owned and operated by Daniel Rainn LLC (“Daniel Rainn”, “we” or “us”). These Terms of Use (“Terms”) govern your access to and use of our Site and our online store services (together with the Site, the “Service”).
Please read these Terms carefully before accessing or using our Service. By accessing or using any part of our Service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service.
You must be at least 18 years of age to use this Service. By using this Service and by agreeing to these Terms you warrant and represent that you are at least 18 years of age.
Changes to These Terms
We reserve the right to modify these Terms at any time without prior notice. We will alert you that changes have been made by indicating on the top of this page the date these Terms were last revised. We encourage you to review these Terms from time to time to stay informed of any changes. Your continued use of our Service constitutes your agreement to be bound by any future revisions to these Terms.
Account Creation & Operation
In order to use certain features of our Service, you may be required to register for an account. When you create an account, you agree to provide accurate and complete information about yourself. You are solely responsible for any activity that occurs under your account.
You are responsible for maintaining the confidentiality of your login credentials and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately if you believe your account has been compromised. We reserve the right to terminate any account we reasonably believe may have been compromised.
You are prohibited from selling, trading or transferring your account to another party. Any attempt to do so will result in the immediate termination of your account.
Intellectual Property Rights
Our Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Daniel Rainn and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Any feedback, comments, ideas, improvements or suggestions provided by you to us with respect to the Service shall remain the sole and exclusive property of Daniel Rainn. You agree that Daniel Rainn may use any such feedback without any payment, accounting or attribution to you.
User Content
We may allow you to post content on the Service, including but not limited to reviews, photographs, images, comments and other content or information (collectively, “User Content”). User Content does not include account information or transaction details.
You retain all ownership rights in your User Content. However, by submitting User Content, you grant Daniel Rainn a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy and display such User Content in any manner, format, media or technology now known or later developed.
You are solely responsible for your User Content. You represent and warrant that you own or otherwise control the rights to your User Content. You agree that the following types of User Content are prohibited and will be removed:
- Content that infringes on any third party’s intellectual property rights
- Offensive, hateful, violent, racist, sexist or unethical content
- Sexually explicit content
- Content relating to illegal activities
- Any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, sexually explicit, profane or indecent information
We reserve the right to terminate your access to the Service if you are found to be repeatedly uploading prohibited User Content.
Purchases & Payments
We may offer certain products and services for purchase via our Service. In order to purchase any products or services, you will be asked to provide certain information including, without limitation, credit card information. Any purchases are additionally governed by our Purchase Policy.
By submitting any payment information to us, you represent and warrant that you are authorized to provide such payment information. All payment transaction details provided to us by you shall be true, accurate and complete. The billing and payment information that you provide must be that of the credit card holder or bank account holder.
If presenting someone else’s payment information, you confirm you have been authorized to do so. Unauthorized use of someone else’s payment information is illegal and we will report any potential criminal activity to the relevant authorities.
When you initiate a payment transaction with us, you authorize us or our payment partners to contact you via email or phone regarding the transaction. In the event your payment fails, is later invalidated, reversed or otherwise cannot be collected by us, you authorize us to, in our sole discretion, either (i) charge your bank account or credit card on file with us or (ii) invoice you directly for the amount due and you agree to pay such invoice.
All sales and charges are final. We do not provide refunds or accept returns except as required by law, or if the product has a defect that we did not disclose prior to purchase. Any billing disputes must be brought to our attention within 10 days after they first appear on your statement. We reserve the right to change our prices at any time.
Purchase Policy
All purchases through the Service are subject to the following policies:
Product Availability: While we make every effort to keep our online store in stock, we do not guarantee that every item listed will be available at all times. We reserve the right to discontinue or change specifications, prices, descriptions and terms without notice.
Shipping: We will arrange for shipment of any products purchased through the Service using common carriers such as FedEx, DHL and USPS. You will be responsible for all shipping and handling charges unless otherwise noted. Expedited shipping is available for an additional fee. All stated delivery times are estimates only, and we are not responsible for any delays.
Returns: Because products are custom made to order we do not accept returns or exchanges unless the product arrives defective or damaged. Please inspect all packages upon delivery and notify us within 3 days of any defects or damage so that we can arrange a replacement.
Taxes: All stated prices are exclusive of taxes, which will be added at checkout as required by law. You are responsible for payment of any applicable state or local sales or use taxes that may apply to your purchase.
Disclaimers and Limitations of Liability
Our Service and all materials contained therein are provided on an ‘as is’ and ‘as available’ basis without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We do not warrant that the Service is free of viruses or errors, or that it will meet your requirements, or that operation of the Service will be uninterrupted. We cannot guarantee repair of any defects in the Service. You assume full responsibility for using the Service.
Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in connection with your access or use of or inability to access or use the Service and any materials contained therein, whether the damages arise from use or misuse of the Service, from inability to use the Service, or the interruption, suspension, modification, alteration, or termination of the Service, such as, but not limited to, loss of revenue or anticipated profits or lost business, data or sales or harm to your computer system, mobile device or any other system or device, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, whether in contract, tort or otherwise, is limited to the greater of (a) the amount paid by you to us through the Service in the 12 months prior to the action giving rise to liability, and (b) $100. 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.
Indemnification
You agree to indemnify and hold Daniel Rainn and our partners, employees, and affiliates harmless from any liabilities, losses, damages, judgments, costs, or expenses (including reasonable attorney’s fees) that arise out of or relate to: (i) your use or misuse of the Service, (ii) your violation of these Terms, including any infringement by you of the rights of another, (iii) your violation of applicable law or any third party right, or (iv) any misrepresentation or breach of warranty made by you contained herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate in that defense. You agree not to settle any such claim or action without our prior written consent.
Governing Law
These Terms shall be governed by the laws of the State of Delaware without regard to conflict of law principles. Any disputes arising out of or related to these Terms or the Service shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for any action arising out of or relating to these Terms. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction.
Termination
We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice. We reserve the right to refuse service to anyone for any reason at any time.
We are not required to disclose, or account for, the effects that any termination may have on you. On termination, however, your right to use the Service will immediately cease. All provisions that by their nature should survive termination shall survive, including disclaimers, limitations of liability, releases, indemnification and choice of law provisions.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be transferred or assigned by Daniel Rainn without restriction or notification. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement & Severability
These Terms constitute the entire agreement between you and Daniel Rainn regarding their subject matter and supersede any and all prior or contemporaneous written and oral agreements, communications or understandings between the parties regarding such subject matter.
If any provision of these Terms is held to be void, invalid, illegal or unenforceable, it shall be severed herefrom and the remainder of these Terms shall remain in full force and effect. Our failure or delay to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. You agree that any cause of action arising out of or related to the Service must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred.
Contact Us
If you have any questions about these Terms, please contact us at:
Daniel Rainn LLC
123 Main St
Anytown, DE 12345
Email: [email protected]
These Terms were last updated on March 1, 2023